Sec. 33-61I. Termination of participation by a participating agency.

   If a participating agency decides to stop participating in any retirement system plan, it must give written notice to the Chief Administrative Officer. The Chief Administrative Officer and the withdrawing agency must agree on a date for the withdrawal, and, to the extent applicable to the plan at issue, comply with Section 33-47(d)(12). Any transfer of assets resulting from the withdrawal must comply with Section 414(l) of the Internal Revenue Code. No assets may revert to a withdrawing agency unless the Internal Revenue Service approves the reversion. (1987 L.M.C., ch. 45, § 1; 1988 L.M.C., ch. 25, § 1; 1998 L.M.C., ch. 31, § 1.)

Sec. 33-61J. Transfer of assets between trust funds of the retirement system.

   To the extent permitted by the Internal Revenue Code and applicable guidance under the Internal Revenue Code, the County may transfer assets of the retirement system relating to an account or accrued benefit of a participant in trust-to-trust transfers between the trusts of the Employees' Retirement System and the Retirement Savings Plan to correct operational failures relating to such accounts or accrued benefits. (2003 L.M.C., ch. 31, § 1.)

Article IV. Employer-Employee Relations. [Note]

 

Notes

[Note]

----------    *Editor’s note— 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.    In its revision of this article, 1986 L.M.C., ch. 70, § 2, retained the majority of the provisions of the article but gave them different section numbers. As a point of information, the editor has included a note following such sections giving the former section number.

Sec. 33-62. Reserved.

   Editor’s note-Section 33-62, relating to a statement of legislative intent, was repealed by 1996 L.M.C., ch. 26, § 1. The section had been derived from 1977 L.M.C., ch. 27, § 1; 1986 L.M.C., ch. 70, § 2.

Sec. 33-63. Definitions.

   For the purposes of this article, the following words and phrases have the meanings indicated:

      (1)   Certification: The procedure by which an employee organization is selected and recognized to represent the employee unit.

      (2)   Decertification: The procedure by which the chief administrative officer withdraws county recognition of the employee organization with or without an election by the employees of the unit.

      (3)   Employee: Any state-county merit system employee except persons described in subparagraphs 33-102(4) a, c, d, e, m, n, r and s of article VII of this chapter.

      (4)   Employee organization: Any organization that admits employees to membership and that has as a primary purpose the representation of employees in collective bargaining or meet and confer representation or both.

      (5)   Employee unit or unit: All employees as defined in subsection 33-63(3) of this chapter.

      (6)   Position paper: A nonbinding written memorandum reflecting all items discussed by the county and the employee organization.

      (7)   State-county merit system employee: A state merit system employee whose salary is supplemented by the county. (1977 L.M.C., ch. 27, § 1; 1982 L.M.C., ch 40, § 5; 1982 L.M.C., ch. 53, § 1; 1986 L.M.C., ch. 70, § 2.)