§ 5-1-237. MEMBERS OF COUNTY COUNCIL AND COUNTY EXECUTIVE.

(a)

Eligibility; contributions. Any person who, on July 1, 1971, is or may thereafter be appointed or elected as a Councilman on the County Council may elect to contribute thirteen and eighty-five one-hundredths (13.85) percent of the person's earnable compensation on and after that date and, in such event, shall become a member or continue as a member of the retirement system and be eligible to receive the benefits enumerated in this section on account of the person's service on the County Council. Anything in this subtitle to the contrary notwithstanding, the benefits payable under this section shall be computed separately from any benefits earned and computed under any other section of this subtitle, and the benefits from County Council service may be combined with and added to the benefits computed under any other section of this subtitle, and provided the member meets the vesting requirements of this section or, in the alternative, such member may at any time prior to the member's retirement transfer the member's credit for service on the County Council to any group under this retirement system of which the member is or may become a member. For the purpose of this section, "service" shall mean service as an elected or appointed councilman on the County Council or service as the County Executive when rendered by a person who has elected to make contributions under this section.

(b)

Service retirement allowance. Any such member who has completed sixteen (16) years of service or has attained the age of fifty-five (55) and has completed four (4) years of service may retire and receive a retirement allowance which shall be equal to one-twentieth of the member's average final compensation multiplied by the number of years of the member's service. No member may receive a retirement allowance in excess of sixty percent (60%) of the member's average final compensation.

(c)

Deferred service retirement allowance. Any such member whose service is terminated after four (4) years of service prior to the attainment of age fifty-five (55) may, in lieu of the withdrawal of the member's accumulated contributions, elect to receive a service retirement allowance deferred to commence at age fifty-five (55) and computed on the basis of the member's years of service and earnable compensation to the date of the member's termination.

(d)

Death benefit.

(1)

Upon the death of any such member in service there shall be paid to such person as the member shall have nominated, otherwise to the member's estate, a lump sum amount equal to the member's accumulated contributions on the date of the member's death, plus, if the member has one (1) or more years of service on the date of the member's death, an amount equal to fifty (50) percent of the annual earnable compensation of the member at the date of the member's death.

(2)

Upon the death of any such member in service who has met the eligibility requirements for a service retirement allowance and who has not nominated a beneficiary other than the member's spouse, there shall be paid to the member's surviving spouse, in lieu of the lump sum, under paragraph (1) of this subsection, an allowance which would have been payable had the member retired immediately prior to the member's death and elected option 2 with the spouse designated thereunder. If such spouse is the person nominated by the member to receive the benefit under paragraph (1) of this subsection, the member may, by written notice filed with the Board of Trustees prior to the commencement of such allowance, but not more than sixty (60) days after such member's death, elect to receive said lump benefit in lieu of the allowance payable under this paragraph.

(3)

Upon the death of any such member in service who is not eligible for a service retirement allowance, but who has attained the age of fifty (50) and completed fifteen (15) or more years of creditable service and who has not nominated a beneficiary other than the member's spouse, there shall be paid to the member's surviving spouse, in lieu of the lump sum under paragraph (1) of this subsection, an allowance determined in accordance with the provisions of § 5-1-228 of this subtitle, plus an annuity which shall be the actuarial equivalent at the date of the member's death of the excess of the member's accumulated contributions on that date over the amount of accumulated contributions which would have been held for the member's account on that date had the member not been appointed or elected as a Councilman on the County Council.

(4)

If no beneficiary has been designated and if a member dies intestate and without heirs, then the amounts which would have been paid under this subsection shall remain part of the funds of the system and shall be credited to such accounts as the Board of Trustees may direct.

(e)

Optional allowances. In lieu of the allowance otherwise payable under the provisions of this section, any member may elect a retirement allowance of equivalent actuarial value in accordance with and subject to the terms and conditions set forth in § 5-1-231 of this subtitle.

(f)

Return of accumulated contributions.

(1)

Upon the termination of a member's service as a Councilman on the County Council, except by death or retirement and provided that no benefit is payable under the provisions of this section, the member's accumulated contributions as of the date of the member's termination shall be returned to the member.

(2)

If any such member is otherwise eligible to retire on an ordinary disability retirement benefit under § 5-1-221 of this subtitle, the member may elect, in lieu of receiving the member's accumulated contributions, to receive the ordinary disability retirement allowance payable under the provisions of § 5-1-222 of this subtitle, plus an annuity which shall be the actuarial equivalent at the date of the member's retirement of the excess of the member's accumulated contributions on that date over the amount of accumulated contributions which would have been held for the member's account on that date had the member not been appointed or elected as a councilman on the County Council.

(g)

Return to councilmanic service. If a member who received a return of the member's accumulated contributions pursuant to subsection (f) of this section is later appointed or elected as a Councilman on the County Council and again elects to contribute pursuant to this section, the member may restore credit for the member's previous period of service by contributing the amount for the accumulated contributions previously withdrawn plus interest thereon to the date of payment.

(h)

Employer contributions. The employer shall make annual contributions in accordance with the applicable provisions of § 5-1-257 of this subtitle, which together with the contributions required of members covered under this section, shall be sufficient to fund the benefits payable under the terms of this section on a sound actuarial basis.

(i)

Receiving benefits while employed as other than Councilmember. Anything in this title to the contrary notwithstanding, a member who has earned benefits under subsection (b) or subsection (c) of this section may elect to receive those benefits when they become payable while working for the county in a capacity other than a Councilmember, provided that in such instance the individual ceases to be a member when the individual becomes a beneficiary and cannot make contributions to nor accumulate credits in any retirement system of the county.

(j)

Contribution by County Executive. Any person who is elected or appointed as County Executive on or after January 1, 1986, may elect to contribute thirteen and eighty-five one-hundredths (13.85) percent of the member's earnable compensation and be eligible to receive the benefits and be subject to the provisions enumerated in subsections (a) through (g) of this section, inclusive, on account of service as the County Executive.

(k)

(1)

Notwithstanding any other provision of this title, average final compensation under this section for an elected official who has earned membership service as both a councilman and as County Executive shall be calculated separately for the period of membership service earned as a County Councilman from that earned as a County Executive.

(2)

For the period of service as County Executive, average final compensation shall be equal to the average earnable compensation of the member as County Executive during the twelve (12) consecutive calendar months of service affording the highest average.

(3)

For the period of service as County Councilman, average final compensation shall be equal to the average earnable compensation of the member as a County Councilman during the twelve (12) consecutive calendar months of service affording the highest average.

(1988 Code, § 23-67) (Bill No. 108-99, § 1, 2-5-2000; Bill No. 32-03, § 1, 7-1-2004; Bill No. 94-09, § 1, 2-1-2010)

Editor's note:
  Section 2 of Bill No. 94-09 provides that this Act having been passed by the affirmative vote of five members of the County Council shall take effect on February 1, 2010, and shall apply to any Councilmember who becomes a member of the County retirement system after the effective date of this Act.