(a) Definitions.
Affected class means an occupational class or a group of occupational classes in a department, including all classes in an occupational series at and below the budget level class, if:
(1) the class includes a position that the department director intends to eliminate; and
(2) eliminating the position may cause an employee in the class to be demoted or terminated.
Affected employee means an employee assigned to a position in an affected class who has received a notice of intent or notification of a Reduction in Force (RIF).
Enhanced retiree life insurance benefit means no reduction in any provided basic life insurance benefit for the first 10 years after the employee’s retirement date.
Enhanced retiree health plan cost sharing benefit means a County contribution of 90% of the premium for individual coverage for any health insurance plan provided by the County for the first 5 years after the employee’s retirement date.
(b) Eligibility.
(1) A Group A, E or H member who is employed in a part time or full time position may apply to participate in the 2010 Retirement Incentive Program if the member:
(A) is eligible for:
(i) normal retirement on or before June 1, 2010; or
(ii) early retirement, and is within 2 years of meeting the criteria for normal retirement on June 1, 2010; and
(B) is an affected employee.
(2) A member is not eligible to participate in the 2010 Retirement Incentive Program if the member:
(A) receives a disability retirement under Section 33-43;
(B) receives a discontinued service retirement under Section 33-45(d);
(C) is an elected or appointed official; or
(D) is employed by a participating agency.
(3) A member must apply to participate in the 2010 Retirement Incentive Program, must complete all required forms by May 14, 2010, and must retire on June 1, 2010.
(4) A member who applies for a disability retirement under section 33-43 must not receive any benefit under this Section unless the member’s application for disability retirement is denied and all appeals from that denial are exhausted.
(c) Early retirement reduction. A member’s pension benefit must not be reduced for early retirement if the member is eligible for early retirement and within 2 years of eligibility for normal retirement.
(d) Additional Retirement Benefit. In addition to the pension benefit calculated under this Section, a participant must elect one of the following additional retirement benefits. A part time participant must receive a pro-rata portion of the applicable retirement benefit, based on that participant’s percent of budgeted full time employment.
(1) $35,000 pension benefit;
(2) $30,000 pension benefit and an enhanced retiree life insurance benefit; or
(3) $28,000 pension benefit and an enhanced retiree health plan cost sharing benefit.
(e) The participant must elect to receive the cash portion of the additional pension benefit paid under Subsection (d) as:
(1) a single lump sum on July 1, 2010:
(A) to the member or the member’s designated beneficiary if the member dies before receiving the lump sum payment;
(B) as a direct rollover to an eligible retirement plan (as defined in the Internal Revenue Code); or
(C) a combination of (A) and (B);
(2) 12 equal monthly payments beginning on July 1, 2010:
(A) to the member or the member’s designated beneficiary if the member dies before receiving all 12 payments;
(B) as a direct rollover to an eligible retirement plan (as defined in the Internal Revenue Code); or
(C) a combination of (A) and (B);
(3) a contribution to an account established for the member under the guaranteed retirement income plan. A member must receive the member’s guaranteed retirement income plan account balance when the member attains the Social Security retirement age; or
(4) an additional pension benefit paid over the member’s lifetime in the pension option elected by the member under Section 33-44, beginning on July 1, 2010.
(f) Cost of Living. Any cost of living adjustment does not apply to this benefit. A cost of living adjustment under Section 33-44(c) must not include the additional pension benefit paid under this Section.
(g) Approval. The Chief Administrative Officer must approve a request to participate in the program from a member employed in the Executive Branch. The Executive Director of the Office of the County Council must approve a request to participate from a member employed in the Legislative Branch. The Chief Administrative Officer and the Executive Director of the Office of the County Council must not approve more applications from an affected class than the number of positions that are abolished in the affected class. The Chief Administrative Officer and the Executive Director of the Office of the County Council may disapprove an application if a vacancy created by a member participating in the program cannot be filled by a member of an affected class. If more members apply to participate in the program than the number of positions abolished, the participants must be approved in order of County seniority calculated under the RIF personnel regulation in the following order:
(1) participants who applied for the proposed 2009 Retirement Incentive Program; and
(2) all other participants.
(h) Repayment. A participant must repay the lump sum benefit received to the Employees’ Retirement System Trust Fund before returning to County service as an employee or under a contract. (2010 L.M.C., ch. 13, § 2; 2013 L.M.C., ch. 4, § 1; 2018 L.M.C., ch. 3, §1.)
Editor’s note—2010 L.M.C., ch. 13, § 3, states: Reports. By July 1, 2010, the Executive must submit a report to the Council that lists the number of employees in each affected class within each department or office who, due to the abolishment of positions in the approved FY11 operating budget, either:
(a) retired with a discontinued service pension; or
(b) participated in the retirement incentive program.
The Executive’s Recommended Budgets for FY12, FY13, and FY14 must compare the number of positions in each class of positions eligible for the retirement incentive program approved for funding in FY11 with the number of positions in the same class recommended for funding in the recommended budget.