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.

Sec. 33-141. Definitions.

   In this Article, the following words and phrases have the following meanings:

   (a)   Board or Board of Investment Trustees means the Board of Investment Trustees established under Article III.

   (b)   Collectively Bargained Plan means a plan established under Section 33-146B.

   (c)   County means the Montgomery County Government, and when applicable, any participating agency.

   (d)   Employee means any eligible elected or appointed County official and any full-time or career part-time County employee.

   (e)   Deferred compensation plan or plan means the Deferred Compensation Plan of Montgomery County, Maryland.

   (f)   Participant means an employee who is participating in the plan.

   (g)   Trust means the trust established to hold all assets and income of the plan for the benefit of plan participants and their beneficiaries. (1995 L.M.C., ch. 8, § 1; 1998 L.M.C., ch. 23, § 1; 2004 L.M.C., ch. 30, § 1.)

   Editor’s note­Section 2 of 1998 L.M.C., ch. 23, reads as follows: “The powers and duties of the Board of Investment Trustees regarding the Deferred Compensation Plan of Montgomery County trust take effect when all trustees accept the trust agreement in writing.”

Sec. 33-142. Establishment; participation.

   (a)   Establishment. The Deferred Compensation Plan is established under Section 457(b) of the Internal Revenue Code.

   (b)   Plan document. The terms of the plan must be contained in a plan document. The Chief Administrative Officer may amend the plan document at any time after consulting the Board.

   (c)   Participation. Any employee may participate in the plan.

   (d)   Participating agencies.

      (1)   Any agency that participates in the Employees' Retirement System under Article III or the Retirement Savings Plan under Article VIII may also participate in the deferred compensation plan.

      (2)   A participating agency must:

         (A)   execute an adoption agreement in a form satisfactory to the Chief Administrative Officer; and

         (B)   submit any information and execute any form or document that the Chief Administrative Officer deems prudent for purposes of maintaining the status of the deferred compensation plan as an eligible deferred compensation plan under the Internal Revenue Code.

      (3)   The Chief Administrative Officer may treat a participating agency as having withdrawn from the deferred compensation plan if the participating agency does not:

         (A)   submit information or execute documents necessary to administer and maintain the plan as requested by the Chief Administrative Officer;

         (B)   qualify as a governmental entity; or

         (C)   adhere to the terms of the plan.

      (4)   No liability will accrue to the County Government by the inclusion of participating agency employees in the plan. Each participating agency must be fully responsible for the cost of coverage for its employees and any necessary costs for administrative services or investment services provided. (1995 L.M.C., ch. 8, § 1; 1998 L.M.C., ch. 23, § 1.)

   Editor’s note—See County Attorney Opinion dated 1/7/98 discussing the parameters within which the Board of Investment Trustees may disclose certain employee data to companies providing deferred compensation plans.

   Section 2 of 1998 L.M.C., ch. 23, reads as follows: "The powers and duties of the Board of Investment Trustees regarding the Deferred Compensation Plan of Montgomery County trust take effect when all trustees accept the trust agreement in writing."

Sec. 33-143. Powers and duties of the chief administrative officer.

   (a)   Administration. Except for the powers reserved to the Board, the Chief Administrative Officer must take all actions and make all decisions to administer the deferred compensation plan, including:

      (1)   deciding the eligibility of any employee or person employed by an agency and the rights of any participant or beneficiary to receive benefits;

      (2)   computing the amount of benefits payable to any participant or beneficiary;

      (3)   authorizing benefits, including the determination of hardship withdrawal requests;

      (4)   keeping records;

      (5)   consulting with the Board regarding the selection of a recordkeeper for the plan;

      (6)   determining the source of funding, under other laws and consistent with appropriations, for payment of expenses to administer the plan;

      (7)   incurring and paying expenses to administer the plan;

      (8)   preparing and filing reports required by law;

      (9)   providing to each participant, former participant, or designated beneficiary eligible to receive benefits under the plan a report of the person’s account at least quarterly;

      (10)   transferring deferred amounts to the trust within a reasonable period of time and in a reasonable manner to be determined after consulting the Board; and

      (11)   delegating any power or duty under this Section.

   (b)   Procurement. Chapter 11B does not apply to the procurement of goods and services for the deferred compensation plan by the Chief Administrative Officer.

   (c)   Interpretation. The Chief Administrative Officer must decide questions arising under the plan and this Article. Any participant, former participant, or designated beneficiary eligible to receive benefits from the deferred compensation plan may make a written request for a decision on questions arising under the plan and this Article. The Chief Administrative Officer must decide the question and respond in writing to the request:

      (1)   within 60 days; or

      (2)   within 150 days if the written consent of the person requesting the decision is obtained within 60 days.

A decision by the Chief Administrative Officer is final and binding on all interested parties and may not be appealed. (1995 L.M.C., ch. 8, § 1; 1998 L.M.C., ch. 23, § 1.)

   Editor’s note—Section 2 of 1998 L.M.C., ch. 23, reads as follows: "The powers and duties of the Board of Investment Trustees regarding the Deferred Compensation Plan of Montgomery County trust take effect when all trustees accept the trust agreement in writing."