Article I. In General.
§ 33-1. Merit system protection board to have all powers and duties of police civil service commissioner and police trial board.
§ 33-2. Reserved.
§ 33-3. Continuation and administration of merit system.
§ 33-4. Salaries of chairman and members of merit system protection board.
§ 33-4A. Merit system protection board staff.
§ 33-4B. Days of commemoration.
Article II. Merit System.
§ 33-5. Statement of legislative intent; merit system principles; statement of purpose; merit system review commission; applicability of article.
§ 33-6. Definitions.
§ 33-7. County executive and merit system protection board responsibilities.
§ 33-8. Administrative responsibilities of the chief administrative officer.
§ 33-9. Equal employment opportunity and affirmative action.
§ 33-10. Disclosure of illegal or improper actions in County government; protection for merit system employees against retaliation or coercion; appeals.
§ 33-11. Classification; salary and wage plans.
§ 33-12. Appeals of disciplinary actions; grievance procedures.
§ 33-13. Appeal procedures.
§ 33-13A. Audits, investigations and inquiries.
§ 33-14. Hearing authority of board.
§ 33-15. Judicial review and enforcement.
§ 33-16. Conflicting provisions.
§ 33-17. Prohibited personnel practices; criminal penalty.
§ 33-18. Deduction for child support.
§ 33-19. Day care as alternative fringe benefit.
§ 33-20. Short-term, county employees.
§ 33-21. Military leave.
§ 33-22. County Employee Settlement Agreements; right to appeal - established.
§ 33-23. Prescription Drug Benefit.
§ 33-24. Telework.
§ 33-25. County Pay Equity Act.
§ 33-25A. Prospective employees – Health care privacy.
§ 33-26. Severance pay limits.
§ 33-27. Paid parental leave – Prior to commencement of the State Family and Medical Leave Insurance Program.
§ 33-28. Paid parental leave – County supplement to the State Family and Medical Leave Insurance Program.
§ 33-29. Break time for lactation.
§ 33-30. Lactation accommodation policy.
§§ 33-31—33-33. Reserved.
Article III. Employees' Retirement System.
Division 1. Generally.
§ 33-34. Declaration of policy.
§ 33-35. Definitions.
§ 33-36. Establishment.
Division 2. Eligibility and Qualifications.
§ 33-37. Membership requirements and membership groups.
§ 33-38. Normal retirement date, mandatory retirement date, early retirement date, and trial retirement.
§ 33-38A. Deferred Retirement Option Plans.
§ 33-39. Member contributions and credited interest.
§ 33-39A. Investment of contributions to the elected officials' plan.
§ 33-40. Employer contributions.
§ 33-41. Credited service.
Division 3. Benefits.
§ 33-42. Amount of pension at normal retirement date or early retirement date.
§ 33-42A. 2010 Retirement Incentive Program.
§ 33-43. Disability retirement.
§ 33-44. Pension payment options and cost-of-living adjustments.
§ 33-45. Vested benefits and withdrawal of contributions.
§ 33-46. Death benefits and designation of beneficiaries.
Division 4. Administration.
§ 33-47. Administration.
§ 33-48. Reserved.
§ 33-49. Reserved.
§ 33-50. Reserved.
§ 33-51. Reports and audits.
§ 33-52. Payment of benefits.
§ 33-53. Protection against fraud.
§ 33-54. Exemption from execution, garnishment or attachment.
§ 33-55. Filing of retirement system plan and contract.
§ 33-55A. Qualification contingency for elected officials' plan.
§ 33-56. Interpretations.
§ 33-57. Records.
§ 33-58. Trust established-Trust fund.
§ 33-59. Board of investment trustees.
§ 33-60. The Board of Investment Trustees-Powers and Duties.
§ 33-60A. Sudan Investments—Restrictions
§ 33-60B. Emerging Investment Managers.
§ 33-61. Custodian.
§ 33-61A. Indemnification of trustees.
§ 33-61B. Accounts and records of the board of investment trustees.
§ 33-61C. Standard of care.
§ 33-61D. Ethics; conflict of interest.
§ 33-61E. Qualification amendments to elected officials' plan.
§ 33-61F. Qualification amendments.
§ 33-61G. Termination and discontinuance of contributions.
§ 33-61H. Nonqualified supplemental retirement plan.
§ 33-61I. Termination of participation by a participating agency.
§ 33-61J. Termination of assets between trust funds of the retirement system.
Article IV. Employer-Employee Relations.
§ 33-62. Reserved.
§ 33-63. Definitions.
§ 33-64. Employee rights.
§ 33-65. Procedures for certification of an employee organization.
§ 33-66. Procedure for decertification of an employee organization.
§ 33-67. Costs of conducting elections.
§ 33-68. County-employee organization meetings and discussions.
§ 33-69. Employee organization representation of employee members.
§ 33-70. Disputes.
§ 33-71. County responsibilities.
§ 33-72. Employee organization responsibilities.
§ 33-73. Reserved.
§ 33-74. Cost-of-living adjustment.
Article V. Police Labor Relations.
§ 33-75. Declaration of policy.
§ 33-76. Definitions.
§ 33-77. Permanent umpire.
§ 33-78. Employee rights.
§ 33-79. Selection, certification and decertification procedures.
§ 33-80. Collective bargaining.
§ 33-81. Impasse procedure.
§ 33-82. Prohibited practices.
§ 33-83. Expression of views.
§ 33-84. Strikes and lockouts.
§ 33-85. Effect of prior enactments.
Article VI. Reserved.
§ 33-86 — 33-100. Reserved.
Article VII. County Collective Bargaining.
§ 33-101. Declaration of policy.
§ 33-102. Definitions.
§ 33-103. Labor relations administrator.
§ 33-104. Employee rights.
§ 33-105. Units for collective bargaining.
§ 33-106. Selection, certification, and decertification procedures.
§ 33-107. Collective bargaining.
§ 33-108. Bargaining, impasse, and legislative procedures.
§ 33-109. Prohibited practices.
§ 33-110. Expression of views.
§ 33-111. Strikes and lockouts.
§ 33-112. Effect of prior enactments.
Article VIII. Employees' Retirement Savings Plan.
Division 1. Retirement Savings Plan.
§ 33-113. Definitions.
§ 33-114. Establishment.
§ 33-115. Participant requirements and participant groups.
§ 33-116. Participant contributions.
§ 33-117. Employer contributions.
§ 33-117A. County contributions to State retirement and pension systems on behalf of certain former State employees.
§ 33-118. Maximum annual contribution.
§ 33-119. Credited service.
§ 33-120. Distribution of benefit.
§ 33-121. Investment of contributions to the retirement savings plan.
§ 33-122. Administration.
§ 33-123. Qualification contingency.
§ 33-124. Trust fund.
§ 33-125. Powers and duties of the board.
§ 33-126. Amendment and termination.
§ 33-127. Miscellaneous.
Division 2. Disability Benefits Plan.
§ 33-128. Definitions.
§ 33-129. Disability benefits.
§ 33-130. Application for benefits.
§ 33-131. Amount of benefits.
§ 33-132. Time and form of payment.
§ 33-133. Termination of benefits.
§ 33-134. Reduction of benefits.
§ 33-135. Medical examination.
§ 33-136. Re-employment program.
§ 33-137. Funding.
§ 33-138. Appeals of decisions.
Division 3. Severance Pay Plan.
§ 33-139. Severance pay.
§ 33-140. Plan administration.
Article IX. Deferred Compensation Plan.
§ 33-141. Definitions.
§ 33-142. Establishment; participation.
§ 33-143. Powers and duties of the chief administrative officer.
§ 33-144. Trust fund.
§ 33-145. Powers and duties of the board.
§ 33-146. Amendment and termination.
§ 33-146A. Miscellaneous.
§ 33-146B. Collectively Bargained Plans.
§ 33-146C. Independent audit.
Article X. Fire and Rescue Collective Bargaining.
§ 33-147. Declaration of policy.
§ 33-148. Definitions.
§ 33-149. Labor relations administrator.
§ 33-150. Employee rights.
§ 33-151. Selection, certification, and decertification procedures.
§ 33-152. Collective bargaining.
§ 33-153. Bargaining, impasse, and legislative procedures.
§ 33-154. Prohibited practices.
§ 33-155. Expression of views.
§ 33-156. Strikes and lockouts.
§ 33-157. Effect of prior laws and regulations.
Article XI. Other Post Employment Benefits Trust.
§ 33-158. Definitions.
§ 33-159. Establishment of Trust.
§ 33-160. Board of Trustees.
§ 33-161. Contributions and Payments.
§ 33-162. Trust Fund Management.
§ 33-162A. Emerging Investment Managers.
§ 33-163. Board Duties and Responsibilities.
§ 33-164. Custodian.
§ 33-165. Indemnification of Board Members.
§ 33-166. Amendment and Termination.
§ 33-167. Participating Agencies.
§ 33-168. Protection from Creditors.
§ 33-169. County-funded Agency Participation.
Article XII. Montgomery County Group Trust.
§ 33-170. Montgomery County Group Trust.
Notes
| [Note] | ---------- Sec. 2. Implementation. Notwithstanding any other provision of law, including § 33-80(a)(7) and § 33- 107(a)(7), the implementation of any amendment to County Code Chapter 33 in Section 1 of this Act concerning disability retirement is not subject to collective bargaining with a certified representative of employees in any bargaining unit. Sec. 3. The amendments to County Code Chapter 33 made in Section 1 of this Act apply to any disability occurring on or after the date this Act takes effect [July 1, 2012].
2011 L.M.C., ch. 13, § 4, which is effective October 10, 2011, states: Collective bargaining. (a) It is the policy of Montgomery County that all County employees should have a multi-tier service- connected disability retirement system which includes a: (1) partial incapacity service-connected disability retirement benefit for any injury or illness that prevents an employee from continuing in the employee’s current position but does not prevent the employee from engaging in other substantial gainful employment; and (2) total incapacity service-connected disability retirement benefit for any injury or illness that prevents an employee from engaging in any other substantial gainful employment. (b) It is also the policy of the County that disability benefits are a mandatory subject of collective bargaining with each appropriate certified employee representative. (c) Notwithstanding any County law to the contrary, the County Executive may separately negotiate the terms of an appropriate multi-tier service-connected disability retirement system with the certified employee representative for the police bargaining unit and the certified representative for the OPT and SLT bargaining units, in each case not later than March 1, 2012. If in either case the parties are unable to reach agreement on an appropriate multi-tier system, the parties may submit this issue for resolution through the applicable impasse procedures under the County’s police labor relations law and the County collective bargaining law as a separate matter, not part of or linked to any other collective bargaining procedure. The impasse neutral for the police bargaining unit and the mediator/arbitrator for the OPT and SLT bargaining units must choose the final offer of either party after considering equally the following factors: (1) service-connected disability retirement systems for similar employees of other public employers in the Washington Metropolitan Area and in Maryland; (2) best practices for service-connected disability retirement systems for similar employees in the United States; (3) the interest and welfare of the public; and (4) the long-term ability of the employer to finance a disability retirement system, and the effect of the cost of the system on the normal standard of public services provided by the employer. (d) The Executive must submit the results of any collective bargaining process regarding this issue to the Council for legislative action not later than April 1, 2012. 1999 L.M.C., ch. 30, § 3, states: Regulations. All personnel regulations in effect when this Act becomes law [March 3, 2000] continue in effect, except that any reference in the regulations to an employee’s “spouse” (or equivalent term, such as “widow”) or a “spouse’s dependent” means “spouse or domestic partner” and “spouse’s or domestic partner’s dependent”, respectively, when that meaning is consistent with this Act. Within 120 days after this Act becomes law [March 3, 2000], the County Executive must submit to the Council, for approval under method (1), amendments to the personnel regulations to implement this Act. In this Section, “employee” includes both active and retired employees. Chapter 33 is cited in Dashiell v. Montgomery County, 731 F.Supp. 1252 (D.Md. 1990); mentioned in Montgomery County Department of Police v. Lumpkin, 51 Md.App. 557, 444 A.2d 469 (1982); and cited in Lukas v. Bar Association of Montgomery County, 35 Md.App. 442, 371 A.2d 669 (1977). Charter reference-Merit system and conflicts of interest, § 401 et seq. Cross reference—Department of personnel established, § 1A-201(a); functions of department of personnel, § 2-64I; personnel administration for fire and rescue services, § 21-4M et seq.; personnel regulations, app. F. |