(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.''