(a) Administration. Except for the powers reserved to the Board, the Chief Administrative Officer must take all actions and make all decisions to administer the deferred compensation plan, including:
(1) deciding the eligibility of any employee or person employed by an agency and the rights of any participant or beneficiary to receive benefits;
(2) computing the amount of benefits payable to any participant or beneficiary;
(3) authorizing benefits, including the determination of hardship withdrawal requests;
(5) consulting with the Board regarding the selection of a recordkeeper for the plan;
(6) determining the source of funding, under other laws and consistent with appropriations, for payment of expenses to administer the plan;
(7) incurring and paying expenses to administer the plan;
(8) preparing and filing reports required by law;
(9) providing to each participant, former participant, or designated beneficiary eligible to receive benefits under the plan a report of the person’s account at least quarterly;
(10) transferring deferred amounts to the trust within a reasonable period of time and in a reasonable manner to be determined after consulting the Board; and
(11) delegating any power or duty under this Section.
(b) Procurement. Chapter 11B does not apply to the procurement of goods and services for the deferred compensation plan by the Chief Administrative Officer.
(c) Interpretation. The Chief Administrative Officer must decide questions arising under the plan and this Article. Any participant, former participant, or designated beneficiary eligible to receive benefits from the deferred compensation plan may make a written request for a decision on questions arising under the plan and this Article. The Chief Administrative Officer must decide the question and respond in writing to the request:
(2) within 150 days if the written consent of the person requesting the decision is obtained within 60 days.
A decision by the Chief Administrative Officer is final and binding on all interested parties and may not be appealed. (1995 L.M.C., ch. 8, § 1; 1998 L.M.C., ch. 23, § 1.)
Editor’s note—Section 2 of 1998 L.M.C., ch. 23, reads as follows: "The powers and duties of the Board of Investment Trustees regarding the Deferred Compensation Plan of Montgomery County trust take effect when all trustees accept the trust agreement in writing."
