(a) Responsibility for administration. The chief administrative officer shall be responsible for the administration of the retirement system.
(b) Regulations for administration. The county executive must establish regulations, adopted under method (1) of section 2A-15 of this Code, for the administration of the retirement system, within the limitations of this article. However, the county executive must establish regulations, adopted under method (3) of section 2A-15, for the administration of the elected officials' plan.
(c) Chief administrative officer. Except for the powers of the board, the chief administrative officer has the power and the duty to take all actions and to make all decisions to administer the retirement system.
(d) Powers and duties of the Chief Administrative Officer. The chief Administrative Officer has, but is not limited to, the following powers and duties:
(1) Interpret the provisions of the retirement system;
(2) Decide the eligibility of any employee and the rights of any member or beneficiary to receive benefits;
(3) Compute the amount of benefits payable to any member or beneficiary;
(4) Authorize disbursements of benefits;
(5) Keep records;
(6) Select and retain the actuary for the retirement system;
(7) After consultation with the board and the actuary for the retirement system, determine the actuarial cost method, and the mortality, turnover, interest rates, and other assumptions to be used in actuarial and other computations for the retirement system;
(8) Consider the recommendation of the actuary for the retirement system on contributions the county makes under this article;
(9) Incur expenses as necessary for the chief administrative officer to administer the retirement system;
(10) Disclose the reports prepared under section 33-51;
(11) Prepare and file reports that are required by law; and
(12) In connection with the participation or withdrawal of an agency as a participating agency in the retirement system:
(A) obtain any data and require any documentation that the Chief Administrative Officer finds necessary;
(B) retain an independent actuary not otherwise under contract to the system to compute the valuation of the accrued benefit of any member or group of members upon withdrawal from the retirement system by a formula set out in regulations adopted under subsection (b); and
(C) authorize the transfer of accrued benefits to another retirement system qualified under the Internal Revenue Code;
(13) Authorize the refund of member contributions, and earnings thereon, to correct any contribution or withholding error; and
(14) Delegate any power or duty under this Section.
(e) Payment of expenses and contributions.
(1) The county must pay contributions of the county to the retirement system from appropriations approved by the County Council.
(2) The board must pay:
(A) operating expenses of the integrated retirement plan, the optional retirement plan, and the guaranteed retirement income plan from the assets of these plans; and
(B) operating expenses of the elected officials' plan from plan assets or from County government assets, at the direction of the Chief Administrative Officer.
(f) Exemption. Chapter 11B does not apply to procurement of goods and services for the retirement system by the chief administrative officer. (Ord. No. 5-152; Ord. No. 6-195, § 1; 1974 L.M.C., ch. 59, § 8; 1978 L.M.C., ch. 44, § 1; 1984 L.M.C., ch. 24, § 39; 1987 L.M.C., ch. 29, § 6.; 1993 L.M.C., ch. 3, § 1; 1994 L.M.C., ch. 33, § 1; 2001 L.M.C., ch. 28, §§ 6, 15 and 16; 2008 L.M.C., ch. 22, § 1.)
Editor’s noteThe above section is cited in Fultz v. Shaffer, 111 Md.App. 278, 681 A.2d 568 (1996).
See County Attorney Opinion dated 11/14/11 regarding the County’s liability for errors in the administration of the pension and retirement funds of employees.
The effective date of the amendments made to this section by 2001 L.M.C., ch. 28, § 6, is the same as the effective date of 1998 L.M.C., ch. 31, § 1.