§ 3-403.1. Participation of Director of the Department of Social Services in Montgomery County in retirement system

   (a) Applicability of section. -- 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.

(b) Election by Director. -- 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 Resources, may elect to:

   (1) remain as a participant in the Montgomery County Retirement System; or

   (2) become an enrollee in the Employees' Pension System of the State of Maryland.

(c) Effective period of election; payroll deduction. --

   (1) 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 Resources.

   (2) 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.

   (3) (i) 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.

      (ii) 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.

(d) Payment to Montgomery County Retirement System; contribution rates. --

   (1) 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 Resources, the Department of Human Resources shall pay on a quarterly basis to the Montgomery County Retirement System:

      (i) 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

      (ii) 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 Resources under paragraph (3) of this subsection.

   (2) On or before May 15 of each year, the Chief Administrative Officer of Montgomery County shall certify to the Department of Human Resources the employer and employee contribution rates for pension benefits determined for the Montgomery County Retirement System for the next fiscal year.

   (3) 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 Resources may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System.

(e) Health benefits. --

   (1) (i) 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.

      (ii) 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.

   (2) (i) 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.

      (ii) 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.

HISTORY: 2007, ch. 455, § 2.