Sec. 33-136. Re-employment program.

   (a)   Program established. The County Executive may establish a program for re-employment of employees who are receiving disability benefits under this plan by Executive Regulation under method (2).

   (b)   Administration. The Chief Administrative Officer must administer any re-employment program.

   (c)   Employment level. Any employment offered to an employee under a re-employment program must be commensurate with the training, education, experience, and physical and mental capabilities of the employee.

   (d)   Participation required. Unless the Chief Administrative Officer exempts an employee based on medical evidence that the employee could not successfully complete the reemployment program, an employee receiving benefits under this plan must participate in any re-employment program established under this Section. (1994 L.M.C., ch. 13, § 2.)

Sec. 33-137. Funding.

   The Chief Administrative Officer may fund the benefits under this plan with:

   (a)   a self-funding vehicle using County general funds, subject to appropriation and employee contributions;

   (b)   disability insurance purchased with County funds, subject to appropriation and employee contributions; or

   (c)   a combination of both. (1994 L.M.C., ch. 13, § 2.)

Sec. 33-138. Appeals of decisions.

   (a)   The applicant, or the certified representative on behalf of the applicant, may appeal the written decision of the Administrator on eligibility for disability benefits within 20 days after the applicant receives the Administrator’s decision.

   (b)   The Disability Arbitration Board must convene to consider an appeal within a reasonable time after the appeal is filed. The appeal and judicial review proceedings are governed by Sections 3-201 through 3-234 of the Maryland Arbitration Act.

   (c)   The Disability Arbitration Board must issue the decision quickly. The Board should issue the decision within 30 days after the hearing or receiving any post-hearing brief, whichever is later.

   (d)   The County must pay all reasonable fees and expenses of the arbitrator, as determined by the Chief Administrative Officer, except that a certified representative must pay any fee resulting from the cancellation of a scheduled hearing if the certified representative:

      (1)   causes a hearing to be canceled and the application remanded to the Disability Review Panel; or

      (2)   causes a hearing to be canceled and rescheduled on a later date. (1994 L.M.C., ch. 13, § 2; 1998 L.M.C., ch. 30, § 1; 1999 L.M.C., ch. 26, § 1.)

Division 3. Severance Pay Plan.

Sec. 33-139. Severance pay.

   The County or the applicable agency must pay any participant in the retirement savings plan or the guaranteed retirement income plan severance pay when the participant is separated from service by an affirmative administrative action other than dismissal for cause. An agency may adopt this severance pay plan under an adoption agreement approved by the Chief Administrative Officer. (1994 L.M.C., ch. 13, § 2; 2008 LMC, ch. 22, § 1.)

Sec. 33-140. Plan administration.

   (a)   The County Executive must establish a severance pay plan in Executive Regulations under method (2). The plan must:

      (1)   prohibit severance pay for an employee who admits to or is found to have violated the Ethics Law in the 12 months prior to separation from County employment; and

      (2)   qualify as a severance pay plan under Section 457 of the Internal Revenue Code.

   (b)   The Chief Administrative Officer must administer the severance pay plan. Any employee denied severance pay due under this Section may appeal to the Merit System Protection Board. The Merit System Protection Board may overturn a denial of severance pay only if the denial was arbitrary and capricious. (1994 L.M.C., ch. 13, § 2; 2020 L.M.C., ch. 41, §1.)

   Editor’s note—2020 L.M.C., ch. 41, § 2, states: Transition. The amendments in Section 1 must apply to any County employee who separates from County employment on or after the date this Act takes effect.

   Section 3 of 1994 L.M.C., ch. 13 reads as follows:

   “Sec. 3. Transition.

   (a)    The initial plan year for the retirement savings plan is from October 1, 1994 to December 31, 1994.

   (b)    The Chief Administrative Officer’s first annual report on the status of the retirement savings plan under Section 33-122(h) must be submitted by March 1, 1995.''

Article IX. Deferred Compensation Plan.