(a) Effective date. A retirement system is hereby established, effective August 15, 1965.
(b) Coverage generally. The primary purpose of this retirement system is to provide a pension and other benefits for full-time and career part-time paid employees of the county, the Montgomery County Employees Federal Credit Union, fire department, rescue squads, office of the state's attorney, office of the sheriff, office of the board of supervisors of elections, housing opportunities commission, agencies supported or financed in whole or in part by taxes levied by the county council, agencies supported by bond issues underwritten by the county, and political subdivisions of the county. Any agency or political subdivision desiring coverage for its employees may make a written request to the county personnel board for approval. No liability shall accrue to the county by the inclusion of other than county employees. Each participating agency or political subdivision shall be fully responsible for the cost of coverage for its employees and any necessary costs for administrative services provided.
(c) Name of retirement system. The retirement system shall be known as the "employees' retirement system of Montgomery County," and it shall have the powers and privileges of a corporation.
(d) Uniformed Services Employment and Reemployment Rights Act. Notwithstanding the provisions of any plan, the County must provide rights, contributions, benefits, and service credit for qualified military service according to Section 414(u) of the Internal Revenue Code, including subsection 414(u)(12). (Ord. No. 5-152; Ord. No. 6-195, § 1; 1972 L.M.C., ch. 19, § 1; 1974 L.M.C., ch. 31, § 2; 1978 L.M.C., ch. 44, § 1; 1987 L.M.C., ch. 29, § 4; 1993 L.M.C., ch. 3, § 1; , § 1; , §1.)
Editor's note—2003, ch. 3, § 2, states: Rule of Interpretation. The amendments made by Section 1 of this Act must be interpreted to comply with requirements stated in letters issued on December 11, 2002, and January 14, 2003, by the Internal Revenue Service to the County regarding the continued qualification of County employee retirement plans. 2003, ch. 3, § 3, states, in part: Retroactivity. (a) The amendment made by Section 1 of this Act to Code Section 33-36 takes effect December 12, 1994.
The above section is cited in Fultz v. Shaffer, 111 Md.App. 278, 681 A.2d 568 (1996).
