§ 5-1-201. DEFINITIONS.

(a)

The following words and phrases, as used in this subtitle, unless a different meaning is plainly required by the context, shall have the meanings indicated.

(b)

"Accumulated contributions" means the sum of all regular contributions of a member and pickup contributions of a member, provided for in § 5-1-253(g) of this subtitle, that are credited to the member's individual account in the annuity savings fund, together with regular interest on it.

(c)

"Actuarial equivalent" means a benefit of equal value, when computed upon the basis of 5 percent per annum and the following mortality tables adopted by the County Council:

RP-2000 mortality projected to 2032 using scale AA with the males increased 8 percent. The mortality rates shall be weighted 85 percent male and 15 percent female for police and fire members and beneficiaries and 55 percent male and 45 percent female for other groups. The disability versions of these tables will be used for disabled members (using 100 percent of the disability mortality rates).

(d)

"Annuity" means payments for life derived from the accumulated contributions of a member. All annuities shall be payable in equal monthly installments.

(e)

"Appointed department head" means the County Executive, County Administrative Officer, Deputy County Administrative Officers, senior administrative assistants to the County Administrative Officer, secretary to the County Executive, County Auditor, Senior Council Assistant, Supervisor of Assessments of the County, Executive Director of the County Revenue Authority, secretary to the County Council, the Zoning Commissioner, and those persons who are the heads of offices and departments created by legislative act of the County Council as provided for in Section 502 of the Charter or as enumerated in Sections 503 and 504 of the Charter, other than the departments of education, libraries, health and welfare. Any person who, on July 1, 1984, was serving at one (1) of the positions enumerated herein may elect to contribute to the retirement system all amounts with interest required to be contributed with respect to such service as a department head accounting from that date. Any person who was serving as Deputy County Administrative Officer, senior administrative assistants to the County Administrative Officer, or secretary to the County Executive on or after December 1, 1987, may elect to contribute to the retirement system all amounts with interest required to be contributed with respect to such service as a department head accounting from the date of appointment. Any person who was serving as a Senior Council Assistant on or after December 1, 1985, may elect to contribute to the retirement system all amounts with interest required to be contributed with respect to such service as a department head accounting from the date of appointment.

(f)

"Average final compensation" means the average annual earnable compensation of an employee during the three (3) consecutive years in the employee's service as an employee affording the highest such average or, if the employee has had less than three (3) years of service, then the employee's average annual earnable compensation during the total years of the employee's service.

(g)

"Beneficiary" means any person in receipt of a pension, an annuity, a retirement allowance, or other benefit as provided by this subtitle.

(h)

"Board of Trustees" or "Board" means the Board provided for in Article 3, Title 3, Subtitle 9 of the Code to administer the retirement system.

(i)

Except as provided in § 5-1-203(6)(ii) of this subtitle, "creditable service" means prior service plus membership service, for which credit is allowable as provided in §§ 5-1-208 through 5-1-212 of this subtitle.

(j)

"Earnable compensation" means the normal compensation payable to an employee for working the normal time for the employee's position, including the pickup contribution provided for in § 5-1-253(g) of this subtitle.

(k)

"Employee" means any regular officer or employee of the employer, appointed or elected, whose compensation is paid by the employer, except any person who is a direct appointee of the Governor of the state, or for whom there are already existing pension provisions or who may be designated by the Board of Trustees as a temporary employee. In all cases of doubt, the Board of Trustees shall determine whether any person is an employee as defined in this subtitle.

(l)

"Employer" means the county.

(m)

"Exempt Member" means a member as defined in § 5-1-203(7) of this subtitle.

(n)

"Medical Board" means the Board of Physicians provided for in § 5-1-242 of this subtitle.

(o)

"Member" means any employee included in the membership of the retirement system as provided in § 5-1-203 of this subtitle.

(p)

"Membership service" means honorable and faithful service as an employee rendered while a member of the retirement system.

(q)

"Military service" means:

(1)

Induction into the Armed Forces of the United States for training and service under the Selection Training and Service Act of 1940 or a subsequent act of a similar nature;

(2)

Membership in a reserve component of the Armed Forces of the United States:

(i)

On active duty or ordered or assigned to active duty; or

(ii)

On active duty for training that interrupts a member's service;

(3)

Enlistment into the Armed Forces of the United States; or

(4)

Membership in the Maryland National Guard.

(r)

"Pension" means payments for life derived from money provided by the employer. All pensions shall be payable in equal monthly installments.

(s)

"Prior service" means service rendered prior to the date of establishment of the retirement system for which credit is allowable under §§ 5-1-208 through 5-1-212 of this subtitle.

(t)

"Regular contributions" means the amounts deducted from the compensation of a member and credited to the member's individual account in the annuity savings fund prior to enactment of § 5-1-253(g) of this subtitle, October 1, 1989.

(u)

(1)

"Regular interest" means interest at such rate or rates as may be set from time to time by the Board of Trustees in accordance with § 5-1-248 of this subtitle.

(2)

"Regular interest" may include, as applicable, the valuation rate, which is the form of regular interest that defines the projected earnings of the system as adopted by the Board of Trustees.

(v)

"Retirement" means withdrawal from active service with a retirement allowance granted under the provisions of this title.

(w)

"Retirement allowance" means the sum of the annuity and the pension or any optional benefit payable in lieu thereof.

(x)

"Retirement System" or "System" means the Employees' Retirement System of the county.

(y)

"Senior council assistant" means any employee who regularly works at least thirty-four (34) hours per week as a personal assistant to a County Councilmember, limited to one (1) such assistant per Council district at any time and designated as such by the Councilmember.

(z)

"Service" means service as employee paid for by the employer.

(1988 Code, § 23-36) (Bill No. 69-95, § 8, 7-1-95; Bill No. 32-03, § 1, 7-1-2004; Bill No. 71-03, § 8, 7-1-2004: Bill No. 30-10, §§ 2, 5, 10, 7-1-2010; Bill No. 46-13, § 1, 10-20-2013; Bill No. 87-15, §§ 1, 2, 1-1-2012 ; Bill No. 77-18 , § 1, 3-4-2013; Bill No. 36-18 , § 1, 7-1-2018; Bill No. 78-18 , § 1, 11-18-2018; Bill No. 4-19 , § 1, 3-31-2019)

Editor's note:
  Section 3 of Bill No. 87-15 provides that this Act, having passed by the affirmative vote of five members of the County Council shall take effect retroactive to January 1, 2012.