# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc. ## Chapter 35. Police. ### Article II. Relief and Retirement Fund. **Sec. 35-14. Generally.** (a) There is hereby created a fund designated and known as the police relief and retirement fund of the county. With the recommendation of the county personnel board and the approval of the county council, the county executive may pay all or any part of the monies of the police relief and retirement fund to the approved funding agent of the employees' retirement fund to the county established under the provisions of section 33-34. Payment of benefits from the fund may only be made at the direction of the county personnel board. Such fund shall consist of the following: (1) All fines imposed by the county personnel board upon members of the county police by way of discipline. (2) All rewards, proceeds of gifts, and emoluments that may be received by any member of such police for extraordinary services, except such part thereof as the county council may allow to be retained by such member. (3) Donations and net proceeds of sales of unclaimed property in the custody of the police. (4) The following deductions from the pay of each member of such police, exclusive of overtime pay, which deductions shall be at least matched by equal amount of money out of the general funds of the county which shall be created to such police relief and retirement fund, which shall become a part of the total fund of the employees' retirement system of the county: Three and one-half (3 ½) percent of the monthly salary beginning July 1, 1955; four and one-half (4 ½) percent of the monthly salary beginning July 1, 1956; five (5) percent of the monthly salary beginning July 1, 1957; six and one-half (6 ½) percent of the monthly salary beginning July 1, 1960, of each member appointed or reappointed during the period of July 1, 1955, through June 30, 1960, who elects to have six and one-half (6 ½) percent deducted from his salary under the provisions of subsection (a) of section 35-15. Notwithstanding the above provisions, effective as of the beginning of the payroll period in which July 1, 1971 occurs, the contribution rate of each member of the county police who is a member of the police relief and retirement fund shall be increased by one-half of one percent and effective at the beginning of the pay period in which July 1 falls in each succeeding year, the contribution rate of each member of this fund shall be increased by one-half of one percent until the total member contribution rate is seven and one-half (7 ½) percent and there shall be a concomitant increase in the employer contribution rate. (5) The additional amount of not less than three hundred twenty-one thousand dollars ($321,000.00) shall be paid to the funding agent annually out of the general funds of the county until the county personnel board is able to certify to the county council that the police relief and retirement fund is fully funded. (6) All forfeitures of accumulated compensatory leave and annual leave of police officers for disciplinary reasons made pursuant to the appropriate provisions of the personnel regulations. (b) All of such amounts shall be paid to the credit of such fund and should such fund at any time be insufficient to defray the expenditures hereinafter provided for, the county council, in that event, is authorized, and it shall be its duty, to levy upon the taxable property of the county a tax sufficient to provide for such deficits and to pay to the credit of such police relief and retirement fund of the county, such sums as may be necessary from time to time to meet the deficiencies of the fund. (c) The money to the credit of such fund shall be available only for expenditures for the purposes set forth in this chapter, and all expenditures from such fund shall be made and accounted for in the same manner as provided in chapter 33 of this Code. (d) For the purposes of membership in this retirement law, a member of the county police employed before August 15, 1965, shall be any career employee covered under the county merit system who is deemed to be a police officer by the personnel board. (e) The county merit system protection board may adopt regulations within the limitations of this article and the employees' retirement system ordinance contained in chapter 33 of this Code to govern the implementation of the provisions of the police relief and retirement fund. These regulations shall be adopted under method (3) of section 2A-15 of this Code and shall be made in appendant of the personnel regulations. (f) The personnel board of the county shall be responsible for the administration of the police relief and retirement fund which shall become a separate part of the employees' retirement system. Each member of the personnel board shall have one (1) vote and the majority of the board will constitute a quorum for the transaction of any business, the exercise of any power or the performance of any duty authorized or imposed by law. (g) All expenses incurred by the personnel board in operating the retirement system will be paid from budget appropriations approved by the county council or from the fund. (h) The county attorney shall be the legal advisor of the personnel board. (i) At the direction of the personnel board, the county personnel officer shall certify all retirements and all benefits payable under the fund. (j) The personnel board shall keep a record of all its proceedings under this article, which shall be open to public inspection. (k) The personnel board may hold hearings when deemed necessary in the performance of its duties. The hearings will be governed by the rules and regulations of the board, and the board shall not be bound by technical rules of evidence. (l) For disability cases, the personnel board shall designate a retirement hearing board: (1) This hearing board shall be composed of three (3) members who are residents of the county, two (2) appointed by the personnel board and the third selected by the two (2) so appointed. One (1) of the two (2) members appointed by the personnel board must be a member of the Maryland Bar. No member of the retirement hearing board may be an employee or official of the county, a representative or agent of a county employee group or a physician; provided, that the membership of this retirement hearing board may be the same as the retirement hearing board provided in section 33-48. The terms of office of each member of the retirement hearing board will be two (2) years from the date of his appointment. The compensation of the members of the retirement hearing board shall be fixed by the personnel board subject to budget limitations. (2) The retirement hearing board shall conduct a hearing, take testimony and examine witnesses under oath, shall evaluate all medical reports and findings of the medical board, shall investigate all essential statements and certificates by or on behalf of a member and shall make recommendations to the personnel board based on its findings in connection with each application for disability retirement for final approval and action by the personnel board. (m) For each disability retirement application, the personnel board shall designate a medical board: (1) The medical board shall be composed of three (3) physicians not eligible to participate in the retirement system who are licensed to practice in the state. At least two (2) members of the medical board must be specialists in the particular field of medicine relating to each application for disability retirement. The compensation of the members of the medical board shall be fixed by the personnel board subject to budget limitations. (2) The medical board shall arrange for and pass upon all medical examinations required by this chapter in connection with an application for disability retirement and shall report in writing to the retirement hearing board its conclusions and recommendations upon all matters referred to it. **Sec. 35-15. Benefits generally.** (a) Whenever a member of the county police shall have reached fifty-five (55) years of age, and shall have served on the county police for twenty-five (25) years and while in good standing, such member may make written application to the county personnel board and be retired from the service thereof and be entitled to relief from the police relief and retirement fund in the amount of fifty (50) percent per year of the annual salary received by such member at the date of retirement; provided, that any member of the county police who elects to remain a member of such police after twenty-five (25) years service shall be entitled, on retirement, to receive two (2) percent per annum of his salary for each additional year served but in no case shall he receive in excess of a total of sixty (60) percent of his salary at the date of retirement provided further that the requirement of fifty-five (55) years of age shall apply only to persons entering service with the county police on or after July 1, 1955, unless any such persons shall elect to have deducted from his salary, pursuant to the provisions of paragraph (4) of subsection (a) of section 35-14, six and one-half (6 ½) percent of such salary, in lieu of five (5) percent thereof as provided in such paragraph, beginning July 1, 1960, in which event such person may be retired after twenty-five (25) years of service, irrespective of age, such service including all or part of the period of July 1, 1955 through June 30, 1960, without the payment of additional contributions in excess of five (5) percent for this period; provided, that there shall be deducted from the salary of any person who enters service with the county police on or after July 1, 1960, or re-enters pursuant to subsection (g) hereof, on or after July 1, 1960, six and one-half (6 ½) percent of such salary, such person thereby being eligible for retirement after twenty-five (25) years of service irrespective of age. The normal retirement date of any police officer in any one (1) of the three (3) retirement categories mentioned hereinabove shall not be changed as a result of the contribution rate increase provided in paragraph (4) of subsection (a) of section 35-14. The mandatory retirement date of all members of the county police shall be age sixty (60); except, that the mandatory retirement date may be extended as provided in section 33-38. (b) If a member of the police force dies before or after retirement, leaving a surviving spouse or domestic partner, or an unmarried child under 18 years of age or an unmarried child so mentally or physically incapacitated or disabled as to be incapable of self-support, the surviving spouse or domestic partner is entitled to receive relief from the police fund in an amount not exceeding $125 per month, and each unmarried child under the age of 18 years and each unmarried mentally or physically incapacitated or disabled child, in an amount not exceeding $25 per month. If a surviving spouse or domestic partner granted relief under this Article later marries or enters into a domestic partnership with another person, relief under this Article must end. Relief granted to or for any unmarried child under the age of 18 years must end when the child reaches that age, except an unmarried mentally or physically incapacitated or disabled child or children, as described in the first sentence of this subsection. The Office of Human Resources personnel board must determine the mental or physical incapacity or disability of any child. This subsection applies equally to surviving spouses, or domestic partners, and children of deceased members of the County Police otherwise eligible to receive the benefits provided, regardless of the date of death of the member. No surviving spouse or domestic partner of any deceased member of the police; or child adopted by the member, or born of the member more than one year, after the date of retirement of the member; may receive any relief under this subsection. Notwithstanding any other provision of this subsection, all benefits payable under this subsection to the surviving spouse or domestic partner of the police officer end when the surviving spouse or domestic partner marries or enters into a domestic partnership with another person. The Office may reinstate the benefits upon reapplication of the surviving spouse or domestic partner if their later spouse or partner dies. Notwithstanding anything to the contrary, for the purpose of this Chapter, the term "surviving spouse" includes only the spouse of a police officer not divorced a vinculo from the police officer at the time of the officer's death. (c) Whenever any member of the county police is injured or contracts a disease in the performance of police duties or an injury or disease is aggravated by such duty and such injury or disease or aggravation disables him for the performance of police duty, such member may make written application to the county personnel board for retirement and relief, or the county executive may make application for his retirement upon his failure or refusal to do so. Upon a finding of fact by such board in support of the foregoing provisions of this subsection, such member shall be retired and receive relief from the police relief and retirement fund in the amount of fifty (50) percent per annum, payable monthly, of the annual salary received by such member at the date of retirement; provided, that in the event such member has served more than twenty-five (25) years in the county police, he shall receive an additional two (2) percent per annum for each year beyond twenty-five (25) years but not to exceed sixty (60) percent per annum of his annual salary at the date of his retirement; provided, that the county personnel board shall, in determining whether such injury occurred or disease was contracted in the performance of police duties or such injury or disease was aggravated by such duty and such injury or disease or aggravation disabled him for the performance of police duties, solicit recommendations and advice from the county executive, except where the retirement application is initiated by the county executive, the superintendent of police and competent medical authority as it may deem necessary. (d) Whenever any member of the county police, having served not less than five (5) years, shall have become incapacitated either by accident, disease or disability contracted not in the line of duty so as to be unable to perform his duties, such member may make written application to the county personnel board for retirement and relief, or the county executive may make application for his retirement upon the member's failure or refusal to do so. Upon a finding of fact by the county personnel board in support of the foregoing provisions of this subsection, he shall be retired from the service thereof and be entitled to receive relief from the police relief and retirement fund in an amount to be determined as follows: If he shall have served more than five (5) years but less than six (6) years on such police force prior to being incapacitated, he shall receive compensation amounting to ten (10) percent per year of the salary received by him at the date of retirement, and for each additional year he shall have served prior to incapacitation, he shall receive an additional two (2) percent per year of the salary received by him at the date of retirement; but in no case shall any member of such police who is retired under the provisions of this section receive compensation in excess of sixty (60) percent of his annual salary at the date of retirement. (e) The county personnel board is authorized to certify the payment from such police fund of a sum not exceeding one hundred dollars ($100.00) in any one (1) case to defray funeral expenses of any deceased member of the police of the county, dying while in the service thereof. (f) Any police officer of the county police who resigns or is discharged from service after August 15, 1955 shall, upon application to the county personnel board, receive the return of the money which he has had deducted from his salary and credited to the police relief and retirement fund of the county since his appointment to the county police; provided, however, that, in the event such officer is indebted for advances of unearned, paid leave or, upon leaving the service, by retirement or otherwise, fails to return uniforms or equipment issued to him, or is otherwise indebted to the county government, the amount due for such leave or other indebtedness or the replacement cost of such uniforms or equipment, may be deducted or withheld from the amount of money to be returned. (g) Former county police officers who leave the county service in good standing and are later reappointed, after August 15, 1955, and before August 15, 1965, as police officers of the county police force shall be given credit by the personnel board toward retirement for their previous years of service; provided, that before credit can be given toward retirement for such previous years of service, those officers who withdrew their contributions from the police relief and retirement fund made during such previous years of service shall make restitution by August 15, 1968, of the same in full, plus interest at the rate of three (3) percent, compounded annually, for the period during which such contributions were withdrawn in whole or in part; and provided further, that such police officers, upon reappointment, shall be entitled to receive only such retirement benefits as may be provided under the police relief and retirement fund law at the time of their reappointment, as provided by subsequent amendment of such law. (h) Any person who is a member of the county police department on August 15, 1956, and who served previously as a full-time police officer with the police department of any political subdivision of the county and who can establish to the satisfaction of the personnel board that as such, he performed services for and was supervised by the county police department, during that time, or any person who has served as a temporary, military temporary, or war emergency full-time police officer of the county police department, and who is desirous of obtaining credit toward retirement for such period of service may do so by paying into the police relief and retirement fund, by August 15, 1968, an amount equal to the amount which would have been deducted from his salary for retirement purposes, plus interest at the rate of three (3) percent, compounded annually, until the date such employee contributions are paid into the police relief and retirement fund, or are tendered for payment into such fund by the police officer, had the payor been such regular member of the county police department; provided, that such member shall be given retirement credit without payment for these years during which no deduction for retirement was made from salaries paid to members of the county police department; and any member of the county police, who has served less than twenty-five (25) years, and who has been retired temporarily from service because of disability incurred in the performance of his duties, and who is desirous of obtaining credit toward retirement for such period of temporary retirement may do so by paying into the police relief and retirement fund an amount with interest as hereinabove provided. (i) Every member of the county police entitled to benefits under the provisions of the police relief and retirement fund law by reason of his retirement prior to July 1, 1958, shall be entitled to receive, effective with the first payment after August 15, 1958, a cost of living adjustment which shall be in addition to any and all benefits provided by the retirement fund. Such adjustment shall be computed by multiplying the retirement payment of the member on July 1, 1958, by a percentage equal to the percentage change in the cost of living from the date of the individual member's retirement to July 1, 1958. The Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, issued immediately prior to the adoption by the county council of the budget for the ensuing fiscal year shall be used to compute the cost of living percentage. Payments hereunder shall not be retroactive but shall continue at the same rate after the first payment until adjusted by resolution of the county council. Adjustments provided for herein shall not be paid from the income or principal of the relief and retirement fund but shall be paid from the general revenues of the county. (j) The county council is hereby authorized by resolution at any time and from time to time to grant or to change a cost-of- living adjustment to retired members of the county police who are entitled to benefits under the police relief and retirement fund, when, in the opinion of the council, such adjustment is reasonable and necessary. Such adjustment shall be in addition to any benefits paid under the retirement fund and shall in no way affect such retirement benefits. Funds which may be required for such adjustment shall be paid from the general revenues of the county and shall not be paid from the income or principal of the relief and retirement fund. The amount of money necessary to fund such cost of living adjustments must be budgeted and paid into the fund of the employees' retirement system before such increases may become effective. (k) Anything herein to the contrary notwithstanding, all persons receiving benefits payable under the provisions of this article may be paid on the same periods as regular employees of the county government or, in any event, on a monthly, semi-monthly or bi-weekly basis. Effective July 1, 1971, the provisions of subsection (a) of section 33-53 shall be applicable, and other provisions of this subsection noted hereinabove shall be deleted therefrom. (l) Any unmarried police officer may designate a beneficiary or beneficiaries to receive, without interest, a lump-sum payment of the amount of money the officer has contributed into the County Police relief and retirement fund in the event of the officer's death before retirement. In addition to the benefits for surviving spouses, or domestic partners, and children otherwise provided in subsection (b) of this section, a police officer who is married or in a domestic partnership may designate a beneficiary or beneficiaries to receive, without interest, in the event of the officer's death before retirement, a lump-sum payment of the balance of the amount of money the officer contributed into the police relief and retirement fund that has not already been paid out to the officer's surviving spouse, or domestic partner, or children, if any, during the time these survivors were qualified to receive those benefits. An officer must designate beneficiaries according to procedures established by the personnel board. If a police officer does not designate a beneficiary or beneficiaries, any sum due as return of paid-in contributions must be paid to the officer's estate. (m) As provided in the personnel regulations, compensatory leave and annual leave which an employee has credited to his leave account may be used in payment for the purchase of service credits under the police relief and retirement fund. Lapsed salary monies of a member's department may be used for these payments; provided, that the county council authorizes such use of lapsed salary monies by resolution. This option must be exercised within ninety (90) days of the effective date of this act. (n) If a member retiring on or after May 1, 1970, elects to have his accumulated sick leave credited for retirement purposes in lieu of participating in any sick leave bonus incentive plan or payment plan provided in personnel regulations, each one hundred seventy-six (176) hours of accumulated sick leave will be considered as being the equivalent of one (1) month of credited service for retirement purposes. Not more than four thousand two hundred twenty-four (4,224) hours of such accumulated sick leave shall be creditable for retirement purposes, and any accumulated sick leave less than twenty-two (22) days shall not be creditable for retirement purposes. Not more than two thousand one hundred twelve (2,112) hours of accumulated sick leave may be used by a member paying a contribution rate of six and one-half (6 ½) percent or seven (7) percent, to accelerate his normal retirement date. Not more than four thousand two hundred twenty-four (4,224) hours of accumulated sick leave may be used by a member having a contribution rate of seven and one-half (7 ½) percent to accelerate his normal retirement date. (o) Whenever the cost-of-living adjustment plan provided by section 33-44 is implemented, it shall be fully applicable to the retired members of the police relief and retirement fund and the provisions of subsections (i) and (j) of this section shall automatically be repealed in their entirety, and all subsections following thereafter appropriately relettered. Except as specifically provided in subsection (f) of section 33-44, the amount of retirement pay being received by a group D retired member shall not be reduced upon the abolishment of subsections (i) and (j) of this section. **Sec. 35-16. Procedure for obtaining benefits.** The County personnel board must consider all cases for the retirement and relief of members of the County Police rendered necessary or expedient under the provisions of this Article, and all applications for relief of their surviving spouses, or domestic partners, and children under eighteen (18) years of age or unmarried, mentally or physically incapacitated or disabled child or children. In every case of disability retirement, competent medical authority selected by the County personnel board shall certify, in writing, to the retirement hearing board the physical or mental condition of the member for whom retirement and relief are sought. In every case of service retirement, the medical reports on members must be submitted directly to the personnel board. The applicant or member is entitled to be represented by counsel, have witnesses testify in his or her behalf, and present evidence relevant to the police officer's physical or mental condition and ability or inability to perform the officer's duties and give this evidence under oath as required by the retirement hearing board or the personnel board. The personnel board must give written notice to any member of the police under consideration for retirement and relief to appear before either or both the County personnel board and the retirement hearing board, and the proceedings of these boards must be in writing and show the member's date of appointment, age, and record in the service, and any other information relevant to the member's retirement and relief. Sections 33-48 and 33-49 apply to retirement applications under this Section. **Sec. 35-17. Change or discontinuance of benefits.** (a) The county personnel board, in its discretion and at any time, may cause any person receiving any relief allowance under the provisions of this article, who has served less than twenty-five (25) years, to appear before competent medical authority selected by the county personnel board and undergo a medical examination, as the result of which the board shall determine whether the relief in such case shall be continued, increased, decreased or discontinued, or whether such person shall be restored to active service and shall further determine the duty that his age or disability will permit him to perform. Each member of the county police so restored to active service shall, upon resumption of such service, receive a rate of compensation which would be the equivalent of the rank and pay steps thereof to which he was assigned at the time of his retirement, which compensation shall be in lieu of his retirement benefits during the remainder of his active service and shall, from and after the date of resumption of service as aforesaid, be subject to the provisions of this article, as now or hereafter amended, wherever applicable. Should any person receiving relief under the provisions of this article, after due notice, fail to appear and undergo the examination prescribed herein or refuse to be restored to active service as herein provided, the personnel board is authorized to reduce or entirely discontinue such relief. (b) The county personnel board, subject to the approval of the council, may reduce or discontinue the relief granted to any person under the provisions of this article if such person shall have been convicted in any court of any crime involving turpitude. Such board, subject to the approval of the council, may also reduce or discontinue the relief granted to any person under the provisions of this article when it shall appear to its satisfaction from evidence before it that such person is a habitual drunkard or guilty of lewd or lascivious conduct. (c) In the event it is determined by the county personnel board, upon a finding of fact pursuant to subsections (c) and (d) of section 35-15, that any member of the county police who has applied for retirement and relief under such subsections could, through appropriate medical or other treatment, cure, improve or arrest any disease, disability or the results of any accident so as to remove any incapacity, the board may, in its discretion, refuse to retire such member unless and until he undergoes the necessary treatment for the disease, disability or results of such accident. If, following completion of such treatment, the board determines that such member is still incapacitated so as to be unable to perform his duties, such member shall be retired and receive relief as provided in subsections (c) and (d) of section 35-15. (d) Upon preparation and recommendation by the personnel board of amendments of the retirement fund established by this article, the county council may adopt and put into effect such amendments by ordinance; provided, that any increase in benefits enacted thereby is adequately funded. No amendment shall reduce the amount of any accrued pension which has been covered by a reserve held in the system or the term of monthly payments or shall delay the due date of any payment, without the consent of the member thereto. (e) The county council shall afford members the opportunity to be heard at a public hearing before it acts on any amendment of this retirement fund or before it acts on any proposal to reduce the funding of the police relief and retirement fund as provided by this section. **Sec. 35-18. County's right of subrogation against third parties causing disability.** If the accident, disease, disability, or death for which benefits are payable under this Article was caused under circumstances creating a legal liability in a third party, the County has the right of subrogation and may enforce, for the County's benefit, the legal liability of a third party, under the conditions and subject to the provisions, when applicable, in Title 9 of the Labor and Employment Article of the Maryland Code. Nothing in this Section affects the County's obligation to comply with Title 9 of the Labor and Employment Article of the Maryland Code. **Sec. 35-19. Investment of funds.** The director of finance may invest moneys held for the police relief and retirement fund in the types of investment provided for pensions under the Annotated Code of Maryland, 1957, article 73b, section 13 (1); provided, that moneys of the police relief and retirement fund shall be invested in other than United States treasury and federal agency securities only upon approval by a majority of the police relief and retirement fund advisory board. **Sec. 35-20. Transfer of fund and powers of trustees-Authority.** Notwithstanding other provisions of this article relative to the creation of a police relief and retirement fund and provisions for a board of trustees with powers and duties as to such fund, upon adoption and implementation by the county council of a general retirement system fund for which all county employees shall be eligible for membership and benefits, and upon recommendation of the county personnel board, the separate police relief and retirement fund established by section 35-14, may be abolished as a separate fund and be made a part of such general retirement system fund by the county council by resolution or ordinance. The board of trustees for the police relief and retirement fund may also be abolished by the county council by resolution or ordinance and its powers and duties transferred or assigned to a board of trustees or other retirement fund management body as the council shall deem proper.