(a) There is hereby created a fund designated and known as the police relief and retirement fund of the county. With the recommendation of the county personnel board and the approval of the county council, the county executive may pay all or any part of the monies of the police relief and retirement fund to the approved funding agent of the employees' retirement fund to the county established under the provisions of section 33-34. Payment of benefits from the fund may only be made at the direction of the county personnel board. Such fund shall consist of the following:
(1) All fines imposed by the county personnel board upon members of the county police by way of discipline.
(2) All rewards, proceeds of gifts, and emoluments that may be received by any member of such police for extraordinary services, except such part thereof as the county council may allow to be retained by such member.
(3) Donations and net proceeds of sales of unclaimed property in the custody of the police.
(4) The following deductions from the pay of each member of such police, exclusive of overtime pay, which deductions shall be at least matched by equal amount of money out of the general funds of the county which shall be created to such police relief and retirement fund, which shall become a part of the total fund of the employees' retirement system of the county: Three and one-half (3 ½) percent of the monthly salary beginning July 1, 1955; four and one-half (4 ½) percent of the monthly salary beginning July 1, 1956; five (5) percent of the monthly salary beginning July 1, 1957; six and one-half (6 ½) percent of the monthly salary beginning July 1, 1960, of each member appointed or reappointed during the period of July 1, 1955, through June 30, 1960, who elects to have six and one-half (6 ½) percent deducted from his salary under the provisions of subsection (a) of section 35-15.
Notwithstanding the above provisions, effective as of the beginning of the payroll period in which July 1, 1971 occurs, the contribution rate of each member of the county police who is a member of the police relief and retirement fund shall be increased by one-half of one percent and effective at the beginning of the pay period in which July 1 falls in each succeeding year, the contribution rate of each member of this fund shall be increased by one-half of one percent until the total member contribution rate is seven and one-half (7 ½) percent and there shall be a concomitant increase in the employer contribution rate.
(5) The additional amount of not less than three hundred twenty-one thousand dollars ($321,000.00) shall be paid to the funding agent annually out of the general funds of the county until the county personnel board is able to certify to the county council that the police relief and retirement fund is fully funded.
(6) All forfeitures of accumulated compensatory leave and annual leave of police officers for disciplinary reasons made pursuant to the appropriate provisions of the personnel regulations.
(b) All of such amounts shall be paid to the credit of such fund and should such fund at any time be insufficient to defray the expenditures hereinafter provided for, the county council, in that event, is authorized, and it shall be its duty, to levy upon the taxable property of the county a tax sufficient to provide for such deficits and to pay to the credit of such police relief and retirement fund of the county, such sums as may be necessary from time to time to meet the deficiencies of the fund.
(c) The money to the credit of such fund shall be available only for expenditures for the purposes set forth in this chapter, and all expenditures from such fund shall be made and accounted for in the same manner as provided in chapter 33 of this Code.
(d) For the purposes of membership in this retirement law, a member of the county police employed before August 15, 1965, shall be any career employee covered under the county merit system who is deemed to be a police officer by the personnel board.
(e) The county merit system protection board may adopt regulations within the limitations of this article and the employees' retirement system ordinance contained in chapter 33 of this Code to govern the implementation of the provisions of the police relief and retirement fund. These regulations shall be adopted under method (3) of section 2A-15 of this Code and shall be made in appendant of the personnel regulations.
(f) The personnel board of the county shall be responsible for the administration of the police relief and retirement fund which shall become a separate part of the employees' retirement system. Each member of the personnel board shall have one (1) vote and the majority of the board will constitute a quorum for the transaction of any business, the exercise of any power or the performance of any duty authorized or imposed by law.
(g) All expenses incurred by the personnel board in operating the retirement system will be paid from budget appropriations approved by the county council or from the fund.
(h) The county attorney shall be the legal advisor of the personnel board.
(i) At the direction of the personnel board, the county personnel officer shall certify all retirements and all benefits payable under the fund.
(j) The personnel board shall keep a record of all its proceedings under this article, which shall be open to public inspection.
(k) The personnel board may hold hearings when deemed necessary in the performance of its duties. The hearings will be governed by the rules and regulations of the board, and the board shall not be bound by technical rules of evidence.
(l) For disability cases, the personnel board shall designate a retirement hearing board:
(1) This hearing board shall be composed of three (3) members who are residents of the county, two (2) appointed by the personnel board and the third selected by the two (2) so appointed. One (1) of the two (2) members appointed by the personnel board must be a member of the Maryland Bar. No member of the retirement hearing board may be an employee or official of the county, a representative or agent of a county employee group or a physician; provided, that the membership of this retirement hearing board may be the same as the retirement hearing board provided in section 33-48. The terms of office of each member of the retirement hearing board will be two (2) years from the date of his appointment. The compensation of the members of the retirement hearing board shall be fixed by the personnel board subject to budget limitations.
(2) The retirement hearing board shall conduct a hearing, take testimony and examine witnesses under oath, shall evaluate all medical reports and findings of the medical board, shall investigate all essential statements and certificates by or on behalf of a member and shall make recommendations to the personnel board based on its findings in connection with each application for disability retirement for final approval and action by the personnel board.
(m) For each disability retirement application, the personnel board shall designate a medical board:
(1) The medical board shall be composed of three (3) physicians not eligible to participate in the retirement system who are licensed to practice in the state. At least two (2) members of the medical board must be specialists in the particular field of medicine relating to each application for disability retirement. The compensation of the members of the medical board shall be fixed by the personnel board subject to budget limitations.
(2) The medical board shall arrange for and pass upon all medical examinations required by this chapter in connection with an application for disability retirement and shall report in writing to the retirement hearing board its conclusions and recommendations upon all matters referred to it. (Mont. Co. Code 1965, § 18-16; 1939, ch. 730, § 17; 1947, ch. 890, § 794; 1966 L.M.C., ch. 12, § 1; 1969 L.M.C., ch. 45, § 2; 1971 L.M.C., ch. 38, § 1; 1984 L.M.C., ch. 24, § 40.)
