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<division heading="Division 1. Generally.">
  <section heading="Sec. 33-34. Declaration of policy.">
    <paragraph indent="1">It is the policy of the county to maintain a system of retirement pay and benefits for its employees which is adequately funded and insures employees sufficient income to enjoy during their retirement years. Any modifications to such retirement system shall not reduce the overall value of benefits which existed for members immediately prior to such modifications except that benefits may be reduced if necessary to maintain the fiscal integrity of the system after a finding by the county council that such change is necessary.</paragraph>
    <paragraph indent="1">Before all liabilities with respect to the members and their beneficiaries are satisfied, no person may use or divert any part of the corpus or income of the retirement system to purposes other than the exclusive benefit of the members and beneficiaries.</paragraph>
  </section>
  <section heading="Sec. 33-35. Definitions.">
    <paragraph indent="1">In this Article, the following words and phrases have the following meanings:</paragraph>
    <paragraph indent="1">Account balances: The balances credited to the retirement accounts of each elected officials' participant under the elected officials' plan as of the valuation date preceding the date of distribution, plus any elected officials' participant contributions or county elected officials' contributions allocated to those accounts since that date, determined without regard to vesting.</paragraph>
    <paragraph indent="1">Accumulated contributions: The sum of all the amounts deducted from the compensation of the member, including picked-up contributions, and all other contributions paid by the member and credited to the member's retirement account plus credited interest as provided in section 33-39.</paragraph>
    <paragraph indent="1">Actuarial equivalent: As to any amount, an equivalent amount, determined in accordance with actuarial assumptions provided by an independent enrolled actuary to be used in conjunction with the plan in question.</paragraph>
    <paragraph indent="1">Board or board of investment trustees: The board of investment trustees established under this article.</paragraph>
    <paragraph indent="1">County elected officials' contributions: The contributions by the county to the elected officials' plan required under section 33-40.</paragraph>
    <paragraph indent="1">County government: The county government and, when applicable, any agency whose employees are participating in the retirement system.</paragraph>
    <paragraph indent="1">County merit system protection board: The merit system protection board as defined in the Charter of Montgomery County, Maryland.</paragraph>
    <paragraph indent="1">County personnel board or personnel board: The county personnel board as defined in the Charter of Montgomery County, Maryland.</paragraph>
    <paragraph indent="1">County service: Employment with the county government or any agency whose employees participate as members of this retirement system, and full-time or career part-time service with another agency by the incumbent of a position brought under the county's merit system without a break in service.</paragraph>
    <paragraph indent="1">Department, office or agency head: The administrative head of a department or principal office of the county government and of each fire department, rescue squad and other participating agency or political subdivision.</paragraph>
    <paragraph indent="1">Domestic partner: A person who was registered as the domestic partner of a member with the Office of Human Resources on or before June 27, 2016 in a domestic partnership that did not end before the member’s death.</paragraph>
    <paragraph indent="1">Elected official: The sheriff, the state's attorney, and any county official elected for a fixed term as specifically provided in the Charter.</paragraph>
    <paragraph indent="1">Elected officials' plan: The defined contribution plan that the county establishes for elected officials.</paragraph>
    <paragraph indent="1">Elected officials' participant: A member who is participating in the elected officials' plan.</paragraph>
    <paragraph indent="1">Elected officials' participant contributions: The contributions by an elected officials' participant to the elected officials' plan required under subsection 33-39(a)(3) ("required elected officials' participant contributions") and permitted under subsection 33-39(d) ("voluntary elected officials' participant contributions").</paragraph>
    <paragraph indent="1">Employee: Any eligible elected or appointed official and any full-time or career part-time employee of the County, or of a participating agency or political subdivision.</paragraph>
    <paragraph indent="1">Employee organization: An employee organization defined in Section 33-76 that is certified under Section 33-79 or an employee organization defined in Section 33-102(5) that is certified under Section 33-106.</paragraph>
    <paragraph indent="1">Fiduciary: A person who:</paragraph>
    <paragraph indent="2">(1)   exercises discretionary authority to manage a retirement system;</paragraph>
    <paragraph indent="2">(2)   exercises authority to invest or manage assets of a retirement system;</paragraph>
    <paragraph indent="2">(3)   renders investment advice for a fee or other compensation about assets of a retirement system or has authority or responsibility to render that advice; or</paragraph>
    <paragraph indent="2">(4)   is a trustee on the Board of Investment Trustees.</paragraph>
    <paragraph indent="1">However, an investment manager of an investment vehicle is only a fiduciary if it holds plan assets as defined under the Employee Retirement Income Security Act (ERISA) and its corresponding regulations.</paragraph>
    <paragraph indent="1">Final earnings: Except as otherwise provided, the regular earnings of a member as of the last date of active service.  Final earnings for a member who filed an application for disability benefits under Section 33-43 before May 19, 2010 that is approved after June 30, 2010 must be the member’s regular earnings on the last pay period in fiscal year 2010.</paragraph>
    <paragraph indent="1">Firefighter/Rescuer Bargaining Unit: The collective bargaining unit described in Section 33-148 that includes certain non-supervisory employees in the Firefighter/Rescuer series employed by the Department of Fire and Rescue Services.</paragraph>
    <paragraph indent="1">Guaranteed retirement income plan: A retirement plan that provides retirement benefits based on retirement credits and a guaranteed rate of interest on those credits.</paragraph>
    <paragraph indent="1">Guaranteed retirement income plan account: A recordkeeping account, consisting of required member contributions under Section 33-39(a)(4), County contribution credits under Section 33-40(e) and the guaranteed credited interest on those contributions.</paragraph>
    <paragraph indent="1">Guaranteed retirement income plan account balance: The balance credited to the retirement accounts of each participant under the guaranteed retirement income plan, determined without regard to vesting.</paragraph>
    <paragraph indent="1">Integrated retirement plan: A retirement plan that provides full retirement benefits until the member is eligible for full social security retirement benefits and supplemental benefits thereafter.</paragraph>
    <paragraph indent="1">Investment funds: The separate investment funds the County establishes to permit elected officials' participants to invest their account balances in the elected officials' plan.</paragraph>
    <paragraph indent="1">Investment manager: A person or entity who exercises discretion to manage all or part of the assets of an institutional investor.</paragraph>
    <paragraph indent="1">Maximum covered compensation level: The maximum dollar amount of earnings upon which social security benefits are based, assuming: (1) an employee's annual compensation was or will be at least equal to the taxable wage base each calendar year for a 35-year period through the year in which the employee attains social security retirement age; (2) the employee worked in employment covered by the federal social security act during each of the above mentioned calendar years; and (3) the taxable wage base remains constant from calendar year of termination or retirement to attainment of social security retirement age in this determination.</paragraph>
    <paragraph indent="1">Member: An employee or official of the County government or of a participating agency or political subdivision who is contributing to this retirement system.</paragraph>
    <paragraph indent="1">Member contributions: The contributions required under Section 33-39 from a member, including amounts deducted from the member’s compensation, and picked-up contributions made on or after July 1, 1989.</paragraph>
    <paragraph indent="1">Membership: the period of time that a member is enrolled and has contributed to the Employees’ Retirement System.</paragraph>
    <paragraph indent="1">Normal working time: The number of hours a member would be expected to work in a yearly period including paid authorized leave as may be provided in the personnel regulations. In the case of part-time career member, such "normal working time" will be whatever scheduled work time may be set forth as a condition of the member's appointment.</paragraph>
    <paragraph indent="1">Office, Professional and Technical Bargaining Unit: The collective bargaining unit described in Section 33-105(a)(1) which includes certain employees in eligible classes associated with office, professional, paraprofessional, and technical functions.</paragraph>
    <paragraph indent="1">Optional retirement plan: A retirement plan that provides retirement benefits independent of social security retirement benefits.</paragraph>
    <paragraph indent="1">Participant: A person who has a benefit under the optional plan, the integrated plan, the elected officials’ plan, or the guaranteed retirement income plan.</paragraph>
    <paragraph indent="1">Part-time employee: Any employee working less than the normal scheduled work week for full-time employees, on a continuing basis.</paragraph>
    <paragraph indent="1">Picked-up contributions: The contributions picked up by the County or a participating agency under Sections 33-39(a)(1), 33-39(a)(2), 33-39(a)(3), or 33-39(a)(4).</paragraph>
    <paragraph indent="1">Plan Year: The 12-month period on the basis of which the books and records of the retirement system are maintained. The plan year of the retirement system is the same as the County fiscal year.</paragraph>
    <paragraph indent="1">Police Bargaining Unit: The collective bargaining unit defined in Section 33-76 which includes non-supervisory sworn County police officers.</paragraph>
    <paragraph indent="1">Police Telecommunicator: An employee assigned to a position in a supervisory or nonsupervisory occupational class in the Police Telecommunicator occupational series.</paragraph>
    <paragraph indent="1">Prior service: County service rendered prior to the date of the establishment of the retirement system or qualified County service rendered prior to membership in the retirement system.</paragraph>
    <paragraph indent="1">Public safety employee: An employee who is a:</paragraph>
    <paragraph indent="2">(1)   sworn officer of the Police Department;</paragraph>
    <paragraph indent="2">(2)   paid firefighter, paid fire officer, or paid rescue service worker of the Montgomery County Fire and Rescue Service;</paragraph>
    <paragraph indent="2">(3)   sworn deputy sheriff;</paragraph>
    <paragraph indent="2">(4)   correctional officer; or</paragraph>
    <paragraph indent="2">(5)   County employee who provides services to a correctional facility and designated as a public safety employee by the Chief Administrative Officer.</paragraph>
    <paragraph indent="1">Regular earnings: Except as otherwise provided, gross pay for actual hours worked, including paid leave, but not including overtime.  To calculate regular earnings, for FY10 only, a Group A, E, or H member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4.5% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39.  To calculate regular earnings, for FY10 only, for a Group F member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4.25% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39.  To calculate regular earnings, for FY10 only, for a Group G member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39.  If a member is required to take any furlough, as defined in personnel regulations adopted under Section 33-7(b), or a collective bargaining agreement, regular earnings must include any amount the member would have received if the member had not been required to take any furlough.  Regular earnings for an elected official is gross pay for services rendered to the County.  Regular earnings must not exceed the limit under Internal Revenue Code Section 401(a)(17), as adjusted by the Internal Revenue Service. For a member who first became a member in this retirement system before July 1, 1996, the limits in effect before July 1, 1993, and as adjusted by the Internal Revenue Service, shall continue to apply.  Gross pay must be used to determine benefits even if the County implements a pick-up plan under Section 414 of the Internal Revenue Code. Gross pay must be used to determine benefits even if a member has agreed to a reduction in earnings under:</paragraph>
    <paragraph indent="1">(a)   The County's deferred compensation plan under Section 457 of the Internal Revenue Code; or</paragraph>
    <paragraph indent="1">(b)   Any statutory fringe benefit program sponsored by the County and permitted by the Internal Revenue Code.</paragraph>
    <paragraph indent="1">Retired member: Any member who is receiving retirement benefits.</paragraph>
    <paragraph indent="1">Retirement accounts: The accounts, consisting of a required elected officials' participant contributions account, a voluntary elected officials' participant contributions account, and a County elected officials' contributions account, the Board establishes for each elected officials' participant. Investment of the assets of these retirement accounts may be accounted for by maintaining pro rata accounts of a commingled fund or by maintaining separate and distinct accounts for each elected officials' participant. If the Board establishes pro rata accounts, the Board may make the allocation of realized and unrealized gains and losses using the ratio that the account balance of an elected officials' participant bears to the account balances of all elected officials' participants as of the previous valuation date. If the Board establishes separate and distinct accounts, the Board must determine the value of the individual account solely with respect to the activity within each elected officials' participant's account and the valuation must not be affected by the activity of an account of another elected officials' participant.</paragraph>
    <paragraph indent="1">Retirement savings plan: The defined contribution retirement plan provided in Article VIII for eligible employees of Montgomery County and participating agencies.</paragraph>
    <paragraph indent="1">Retirement system: The employees' retirement system of Montgomery County, as provided in this Article.</paragraph>
    <paragraph indent="1">Service, Labor and Trades Bargaining Unit: The collective bargaining unit described in Section 33-105(a)(2) which includes certain employees in eligible classes that are associated with service/maintenance and skilled crafts.</paragraph>
    <paragraph indent="1">Social security retirement age: The age used as the retirement age for full (unreduced) benefits under the Federal Social Security Act as follows:</paragraph>
    <paragraph indent="1">(a)   Age 65 with respect to an employee who attains age 62 before January 1, 2000;</paragraph>
    <paragraph indent="1">(b)   Age 66 with respect to an employee who attains age 62 after December 31, 1999 and before January 1, 2017; and</paragraph>
    <paragraph indent="1">(c)   Age 67 with respect to an employee who attains age 62 after December 31, 2016.</paragraph>
    <paragraph indent="1">Social security retirement age for members who retire or qualify for discontinued service under Section 33-45(d) and (e) before July 1, 1989, is age 65. Social security retirement age for members who are elected officials on July 1, 1989, is age 65 until December 2, 1990, and thereafter is the age set forth in this definition, as appropriate.</paragraph>
    <paragraph indent="1">Social security wage base: For any particular year, the maximum amount of earnings creditable for benefit computation purposes under the old age, survivors, and disabilities insurance program established by the Federal Social Security Act.</paragraph>
    <paragraph indent="1">Spouse: Only the husband or wife of a member.</paragraph>
    <paragraph indent="1">Valuation date: The last business day of March, June, September and December of each year, and any other date the Board establishes for determining the fair market value of the assets of the elected officials' plan.</paragraph>
  </section>
  <section heading="Sec. 33-36. Establishment.">
    <paragraph indent="1">(a)   Effective date. A retirement system is hereby established, effective August 15, 1965.</paragraph>
    <paragraph indent="1">(b)   Coverage generally. The primary purpose of this retirement system is to provide a pension and other benefits for full-time and career part-time paid employees of the county, the Montgomery County Employees Federal Credit Union, fire department, rescue squads, office of the state's attorney, office of the sheriff, office of the board of supervisors of elections, housing opportunities commission, agencies supported or financed in whole or in part by taxes levied by the county council, agencies supported by bond issues underwritten by the county, and political subdivisions of the county. Any agency or political subdivision desiring coverage for its employees may make a written request to the county personnel board for approval. No liability shall accrue to the county by the inclusion of other than county employees. Each participating agency or political subdivision shall be fully responsible for the cost of coverage for its employees and any necessary costs for administrative services provided.</paragraph>
    <paragraph indent="1">(c)    Name of retirement system. The retirement system shall be known as the "employees' retirement system of Montgomery County," and it shall have the powers and privileges of a corporation.</paragraph>
    <paragraph indent="1">(d)   Uniformed Services Employment and Reemployment Rights Act. Notwithstanding the provisions of any plan, the County must provide rights, contributions, benefits, and service credit for qualified military service according to Section 414(u) of the Internal Revenue Code, including subsection 414(u)(12).</paragraph>
  </section>
</division>