It is the intent of the General Assembly that: the purpose of this subtitle is to provide better integrated, more efficient, and accountable human services delivery in Montgomery County by the State and county; and implementation of this subtitle shall be cost neutral to both the State and Montgomery County.

In Montgomery County, the Montgomery County government shall administer State social service and public assistance programs that in other counties are administered by a local department. The administration of State programs by Montgomery County is governed by State and federal regulations. Montgomery County shall administer State child welfare programs in the same manner as the programs are administered in other counties. The unit of the Montgomery County government that administers the programs under paragraph (1) of this subsection is exempt from licensing requirements in the same manner as local departments in other counties.

Subject to § 3–403.1 of this subtitle, the Secretary shall enter into a grant agreement with the Montgomery County government for the administration in Montgomery County of programs administered in other counties by local departments. The grant agreement shall: provide for payment to Montgomery County for the costs of administering State programs at State funding rates as provided in § 3-202 of this title: including salaries, overhead, general liability coverage, workers’ compensation, and employee benefits; but excluding amounts attributable to county salaries or benefits that exceed comparable State salaries or benefits; require the State to pay for State accrued leave; and utilize the same budget categories as appropriations in the State budget for local departments in other counties. Notwithstanding any other law, the proportion of State and federal funds paid in fiscal year 1997 to the Montgomery County government under this section relative to the funds provided by the Secretary to all local departments may not be less than the proportion of funds disbursed in fiscal year 1996 to the Montgomery County Department of Social Services. After fiscal year 1997, the amount of the grant to the Montgomery County government shall be proportionally adjusted each year to: reflect changes in case loads, the number of children in poverty, and any other relevant cost factors the parties agree to; and ensure that the grant is equitable in relation to the funds provided to all local departments.

This section applies only to the Director of the Department of Social Services in Montgomery County who was a participant in the Montgomery County Retirement System. The Director of the Department of Social Services in Montgomery County who is transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services, may elect to: remain as a participant in the Montgomery County Retirement System; or become an enrollee in the Employees’ Pension System of the State of Maryland. If the Director of the Department of Social Services in Montgomery County elects to remain as a participant in the Montgomery County Retirement System, the election remains in effect only as long as the employee remains employed by the Social Services Administration of the Maryland Department of Human Services. If the Director of the Department of Social Services in Montgomery County transfers to another position in State service, the employee shall become an enrollee of the Employees’ Pension System of the State of Maryland. While the Director of the Department of Social Services in Montgomery County remains a participant in the Montgomery County Retirement System, the State central payroll bureau shall deduct from the Director’s biweekly salary an employee contribution that equals the Director’s salary multiplied by the required employee contribution rate as set forth in the Montgomery County Code. The State shall pick up within the meaning of § 414(h)(2) of the Internal Revenue Code, the employee contributions deducted under subparagraph (i) of this paragraph. Until the date that the Director of the Department of Social Services in Montgomery County leaves service in the Social Services Administration of the Maryland Department of Human Services, the Department of Human Services shall pay on a quarterly basis to the Montgomery County Retirement System: the amount deducted by the State central payroll bureau from the Director’s biweekly salary for that quarter as provided under subsection (c)(3) of this section; and an employer contribution for that quarter equal to the total of the Director’s salary subject to a deduction under subsection (c)(3) of this section multiplied by the employer contribution rate determined by the Department of Human Services under paragraph (3) of this subsection. On or before May 15 of each year, the Chief Administrative Officer of Montgomery County shall certify to the Department of Human Services the employer and employee contribution rates for pension benefits determined for the Montgomery County Retirement System for the next fiscal year. If the employer contribution rate certified under paragraph (2) of this subsection is greater than the employer contribution rate paid by the State for State employees under the State Personnel Management System, the Department of Human Services may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System. The Director of the Department of Social Services in Montgomery County covered under this section who elects to remain in the Montgomery County Retirement System may receive employee health benefits equal to those received by employees under the Montgomery County Retirement System. If the Director elects to receive health benefits under subparagraph (i) of this paragraph, the State shall reimburse Montgomery County each month an amount equal to the State’s contribution for those health benefits. A retiree covered under this section who elects to remain in the Montgomery County Retirement System may receive retiree health benefits equal to those received by retirees under the Montgomery County Retirement System. If a retiree elects to receive health benefits under subparagraph (i) of this paragraph, the State shall reimburse Montgomery County each month an amount equal to the State’s contribution for those health benefits.

The Montgomery County Department of Health and Human Services is considered to be one agency for purposes of confidentiality provisions of State law. The use and release of information concerning recipients of State social service and public assistance programs by the Montgomery County Department of Health and Human Services is governed by the confidentiality provisions of State law, including Title 1, Subtitle 2 of this article.

The Secretary and the County Executive of Montgomery County shall consult with each other at least every other year to ensure that the objectives of the social service and public assistance programs administered by the Montgomery County government are consistent with the objectives of the State social service and public assistance programs.

This section is not a waiver of immunity under the Eleventh Amendment of the Constitution of the United States. Except as provided in paragraph (2) of this subsection, the State shall pay any judgment awarded against Montgomery County or an employee of Montgomery County that arises out of an action commenced or prosecuted in a court of the United States relating to the administration and implementation of State programs described in this subtitle. The State may not pay a judgment awarded against an employee of Montgomery County under this section for an act or omission committed: outside the scope of employment; or with malice.