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COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Sec. 33-38. Normal retirement date, mandatory retirement date, early retirement date, and trial retirement.
   (a)    Normal retirement date. The normal retirement date is the first day of the month elected by a member after the member meets the years of service and age requirements for the applicable membership group. For normal retirement:
      (1)   Group A:
         (A)   The member must have at least:
            (i)   5 years of credited service and be at least age 60; or
            (ii)   30 years of credited service and be at least age 55.
         (B)   After June 30, 2002, a Group A member who is a Police Telecommunicator must have at least:
            (i)   5 years of credited service and be at least age 60; or
            (ii)   30 years of credited service and be at least age 50.
      (2)   Group B: The member must have at least:
         (A)   15 years of credited service and be at least age 55; or
         (B)   30 years of credited service and be at least age 51.
      (3)   Group D: The member must meet the requirements of the County police relief and retirement fund law.
      (4)   Group E: The member must have at least:
         (A)   15 years of credited service and be at least age 55; or
         (B)   25 years of credited service and be at least age 46.
      (5)   Group F: The member must have at least:
         (A)   15 years of credited service and be at least age 55; or
         (B)   25 years of credited service.
      (6)   Group G: The member must have at least:
         (A)   15 years of credited service and be at least age 55; or
         (B)   20 years of credited service regardless of age.
      (7)   (A)   Group H: The member must have at least:
            (i)   5 years of credited service and be at least age 60; or
            (ii)   30 years of credited service and be at least age 55.
         (B)   After June 30, 2002, a Group H member who is a Police Telecommunicator must have at least:
            (i)   5 years of credited service and be at least age 60; or
            (ii)   30 years of credited service and be at least age 50.
         (C)   After June 30, 2002, a Group H member who is also an SLT bargaining unit member must have at least:
            (i)   5 years of credited service and be at least age 60; or
            (ii)   30 years of credited service and be at least age 50.
      (8)   Group J: The member must have at least:
         (A)   15 years of credited service and be at least age 55; or
         (B)   25 years of credited service and be at least age 46.
      (9)   An elected officials’ participant or an elected official who participates in the guaranteed retirement income plan must have at least the lesser of a full term of office or 4 years of credited service and be at least age 62.
      (10)   A guaranteed retirement income plan participant, except an elected official, must be at least age 62 with 3 years of credited service.
   (b)    Retirement date election. A member other than a Group F member must submit written application for retirement at least 30 days before the date elected. A Group F member must submit a written application for retirement at least 14 days before the date elected. In extenuating circumstances, the Chief Administrative Officer may waive this requirement.
   (c)    Early retirement date.
      (1)   A member, other than a group G member, who has not met the age and service requirements for a normal retirement may elect to receive pension payments beginning on an early retirement date the first day of a month after the following requirements are met:
         (A)   the group A member has at least 15 years of credited service and has reached age 50, or has at least 20 years of credited service and has reached age 45;
         (B)   the group B member has at least 15 years of credited service and has reached age 45;
         (C)   the group E member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41;
         (D)   the group F member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41;
         (E)   the group H member has at least 15 years of credited service and has reached age 50, or has at least 20 years of credited service and has reached age 45; or
         (F)   the group J member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41.
      (2)   A group G member is not eligible for an early retirement.
      (3)   A participant in the guaranteed retirement income plan is not eligible for early retirement.
   (d)    Trial retirement.
      (1)   A trial retirement under this subsection is not available to:
         (A)   an elected official;
         (B)   a non-merit appointed official;
         (C)   a member covered under a collective bargaining agreement, except a member of the Police Bargaining Unit;
         (D)   a non-County Government employee; or
         (E)   a member who participates in a retirement incentive program.
      (2)   A member who is eligible for normal retirement may retire on a trial basis for a period not to exceed 9 months.
      (3)   A member may retire on a trial basis only once.
      (4)   A member who wishes to retire on a trial basis must notify the Chief Administrative Officer in writing at least 30 days before the retirement date of the member's intention to retire on a trial basis.
      (5)   A member may elect to return to County service before the end of the nine- month trial retirement period by notifying the Chief Administrative Officer in writing at least 30 days before the member returns to service, under procedures adopted by the Chief Administrative Officer.
      (6)   (A)   After the member notifies the Chief Administrative Officer that the member intends to return to County service, the Chief Administrative Officer must return the member to:
            (i)   the position the member held before retirement, if it is still available;
            (ii)   a position with an equivalent salary and grade in the same or another office of the County government; or
            (iii)   if the member was a member of the Police Bargaining Unit, to a position in the Department of Police with an equivalent salary and grade, when such a position becomes available.
         (B)   The member may accept a position with a lower salary or grade, but is not required to do so.
         (C)   If the member does not accept an offer of the position that the member held before retirement or a position with an equivalent salary and grade, the member is considered to have permanently retired.
      (7)   A member returning from trial retirement:
         (A)   Has the same rights and benefits as the member had before the trial retirement; and
         (B)   Receives a salary reflecting all cost-of-living adjustments granted to that position while the member was on trial retirement.
      (8)   When the Chief Administrative Officer receives notice of a member's intention to retire on a trial basis, the member must not be paid for accrued annual leave until:
         (A)   The member notifies the Chief Administrative Officer in writing that the member no longer intends to retire on a trial basis; or
         (B)   The member retires permanently. (Ord. No. 5-152; Ord. No. 6-195, § 1; 1971 L.M.C., ch. 39, § 1; 1972 L.M.C., ch. 19, § 3; 1974 L.M.C., ch. 31, § 4; 1974 L.M.C., ch. 59, § 2; 1978 L.M.C., ch. 44, § 1; 1987 L.M.C., ch. 27, § 5; 1988 L.M.C., ch. 26, § 1; 1989 L.M.C., ch. 45, § 1.; 1993 L.M.C., ch. 21, § 1; 1995 L.M.C., ch. 31, § 1; 1999 L.M.C., ch. 26, § 1; 2001 L.M.C., ch. 21, § 1 ; 2004 L.M.C., ch 17, § 1 ; 2007 L.M.C., ch. 3, § 1; 2008 L.M.C., ch. 22, § 1; 2008 L.M.C., ch. 23, § 1; 2009 L.M.C., ch. 33, § 2; 2010 L.M.C., ch. 49, § 1; 2016 L.M.C., ch. 42, § 1.)
   Editor’s note2016 L.M.C., ch. 42, § 2, states, in part: ... Any active group E member who is not a County correctional officer or a sworn deputy sheriff must become a group J member on the date this law takes effect.
   2009 L.M.C., ch. 33, § 3, states, in part: Section 2 of this Act takes effect on December 6, 2010. An eligible individual who is an elected official on December 5, 2010, and remains in office on and after December 6, 2010, must decide to participate in the guaranteed retirement income plan on or before May 1, 2011. If an elected official decides to participate between December 6, 2010 and May 1, 2011, that elected official’s participation must begin on the first pay period after June 1, 2011.
   See editor’s note to Article III, Employee’s Retirement System, regarding Retirement Incentive Program.
   The above section is cited in Fultz v. Shaffer, 111 Md.App. 278, 681 A.2d 568 (1996) and in Cohen v. Goldstein, 58 Md.App. 699, 474 A.2d 229 (1984).