§ 5-1-218. SAME—CORRECTIONAL OFFICERS.

(a)

For purposes of this section, the term "member" means a Group 3 member who is classified in the County Classification and Compensation Plan as a Correctional Officer, Correctional Dietary Officer, Correctional Corporal, Correctional Sergeant, Correctional Dietary Sergeant, Correctional Lieutenant, Correctional Dietary Captain, Correctional Captain, Correctional Classification Officer, Correctional Classification Officer Supervisor, or Correctional Major.

(b)

(1)

Except as provided in paragraph (2) of this subsection, a member as defined in subsection (a) of this section who retires on or after July 1, 1995, shall be entitled to receive a service retirement allowance, consisting of an annuity and a pension which together will provide a minimum benefit of fifty (50) percent of average final compensation plus two (2) percent for each year of creditable service in excess of twenty (20), provided such member shall have reached a minimum of sixty-five (65) years of age and five (5) years of creditable service or a minimum of twenty (20) years creditable service.

(2)

(i)

The paragraph applies to members who begin service on or after July 1, 2007.

(ii)

A member is eligible for normal service retirement benefits upon the completion of:

1.

Twenty-five (25) years of creditable service regardless of age; or

2.

A minimum of sixty-seven (67) years of age and ten (10) years of creditable service.

(iii)

A member as defined in subsection (a) of this section who retires shall be entitled to receive a service retirement allowance consisting of an annuity and a pension which together will provide a minimum benefit of fifty (50) percent of average final compensation plus two (2) percent for each year of creditable service in excess of twenty (20).

(c)

Notwithstanding any other provision of this title, credit for military service may only be used to determine the amount of service retirement allowance and may not be used to determine eligibility for the minimum years of creditable service required under subsection (b) of this section.

(d)

(1)

Notwithstanding any other provision of this title, for members hired as a Correctional Officer or Correctional Dietary Officer on or after September 5, 2000, "creditable service" for purposes of determining completion of the minimum years of creditable service required to receive an allowance under this section includes only:

(i)

Membership service earned by an eligible member while employed with the county as a Deputy Sheriff, Deputy Sheriff Sergeant, Deputy Sheriff Lieutenant, Deputy Sheriff Captain, Chief Deputy Sheriff, a Group 4 sworn member of the Police Department, a Correctional Officer, Correctional Dietary Officer, Correctional Corporal, Correctional Sergeant, Correctional Dietary Sergeant, Correctional Lieutenant, Correctional Dietary Captain, Correctional Captain or Correctional Major; and

(ii)

Not more than five years membership service earned by an eligible member while employed with the county in any other positions.

(2)

For members covered by this subsection, membership service not included within this definition of creditable service may only be used to determine the amount of the service retirement allowance.

(1988 Code, § 23-52) (Bill No. 91-95, § 1, 7-1-1995; Bill No. 38-99, § 1, 7-1-1999; Bill No. 82-00, § 1, 10-6-2000; Bill No. 32-03, § 1, 7-1-2004; Bill No. 57-04, § 1, 7-1-2004; Bill No. 48-07, § 2, 7-1-2007)

Editor's note:
  Section 3 of Bill 48-07 provided that not later than June 18, 2007, the exclusive representatives of members on pay schedules I and XIII of the classification and compensation plan may certify to the Labor Commissioner that the employees on those pay schedules have determined, in accordance with their own rules of procedure, to amend their agreements with the county administration to provide that in addition to the normal service retirement ages as established in §§ 5-1-218(b)(1) and 5-1-219(b)(1) of the Baltimore County Code, 2003 as enacted in Section 2 of [Bill 48-07], members who were in service as Correctional Officers or Deputy Sheriffs, as applicable, before the effective date of this Act shall be allowed to retire upon reaching sixty (60) years of age with five (5) years of creditable service. Further, those members who retire with less than 20 years of creditable service shall receive a retirement allowance that shall be equal to one fifty-fifth (1/55) of the member's average final compensation multiplied by the number of years of the member's creditable service earned before July 1, 2007 plus one-seventieth (1/70) of the member's average final compensation multiplied by the number of years of the member's creditable service earned on or after July 1, 2007. Without regard to the age of retirement, years of creditable service attributable to military service, transfer service and sick leave shall be calculated at the rate of one fifty-fifth (1/55) of the member's average final compensation. If the Labor Commissioner receives the certification, the Labor Commissioner shall forward the certification to the County Attorney or the County Attorney's designee who shall instruct the publisher of the Baltimore County Code, 2003 to make changes to the above-named sections (and any other sections as necessary) in conformance with the decision of the members, with notes appropriate to be shown in the Code explaining the changes. It is the intention of this Section that the amendment suggested by this Section will not negatively effect the ability of a member to participate in the deferred retirement option program enacted in Section 1 of [Bill 48-07]. The proper notifications were received by the Labor Commissioner.