§ 5-1-215. AVERAGE FINAL COMPENSATION.

(a)

(1)

Notwithstanding anything to the contrary contained in this subtitle, the term "average final compensation" as used throughout this subtitle shall mean, for current and future Group 4 members who are also sworn personnel of the Fire Department and commencing January 1, 1992, for current Group 3 members who are classified as supervisory, managerial and confidential classified service merit system employees on pay schedule VI and elected officials, appointed department heads and employees occupying nonmerit appointed positions, including the persons listed in § 5-1-203(7) of this subtitle, for current employees on pay schedule I and pay schedule III; and commencing June 30, 1992, for current members classified as supervisory, managerial and confidential on pay schedule VII; and commencing on January 1, 1993, for current and future members who are uniformed officers on pay schedule IV and for current full-time members on pay schedules II, VI, XI, XII, and XIII the average earnable compensation of such person during the twelve (12) consecutive full calendar months of service affording the highest average, or if the person has had less than twelve (12) months of service, then the member's annual earnable compensation projected over twelve (12) months.

(2)

(i)

This paragraph does not apply to Group 4 members.

(ii)

Paragraph (1) of this subsection does not apply to Group 3 members who begin service on or after July 1, 2007.

(b)

In order to fund the increase in benefits resulting from the shortening of the average final compensation period from three (3) years to twelve (12) months, all members who are listed in subsection (a) of this section shall pay, in addition to their normal contribution, an annual level percentage contribution as determined by the Board of Trustees. The additional contribution will be adjusted annually based upon the actuary's advice and taking into account the benefits paid (costs of additional marginal benefits of retirees), the contributions made by active members, and the assets needed to fund the benefits over time.

(c)

Effective April 1, 1995, current and future Group 4 members who are sworn personnel of the Fire Department will have their pension contribution reduced by one (1) percent of earnable compensation. Effective July 1, 1995, the same members shall have their contribution reduced by an additional six-tenths (6/10) of one (1) percent of earnable compensation.

(1988 Code, § 23-50) (Bill No. 188, 1991, § 1, 12-9-1991; Bill No. 84-94, § 2, 7-1-1994; Bill No. 32-03, § 1, 7-1- 2004; Bill No. 42-07, § 2, 6-6-2007)

Editor's note:
  Section 6 of Bill No. 42-07 provides that the amendments enacted to §§ 5-1-213 and 5-1-215 of the Baltimore County Code, 2003 do not apply, as applicable, to a County Executive, member of the County Council or an appointed department head, as defined in § 5-1-201 of the Baltimore County Code, 2003, who was elected or appointed before the effective date of this Act.