(a) Whenever a member of the county police shall have reached fifty-five (55) years of age, and shall have served on the county police for twenty-five (25) years and while in good standing, such member may make written application to the county personnel board and be retired from the service thereof and be entitled to relief from the police relief and retirement fund in the amount of fifty (50) percent per year of the annual salary received by such member at the date of retirement; provided, that any member of the county police who elects to remain a member of such police after twenty-five (25) years service shall be entitled, on retirement, to receive two (2) percent per annum of his salary for each additional year served but in no case shall he receive in excess of a total of sixty (60) percent of his salary at the date of retirement provided further that the requirement of fifty-five (55) years of age shall apply only to persons entering service with the county police on or after July 1, 1955, unless any such persons shall elect to have deducted from his salary, pursuant to the provisions of paragraph (4) of subsection (a) of section 35-14, six and one-half (6 ½) percent of such salary, in lieu of five (5) percent thereof as provided in such paragraph, beginning July 1, 1960, in which event such person may be retired after twenty-five (25) years of service, irrespective of age, such service including all or part of the period of July 1, 1955 through June 30, 1960, without the payment of additional contributions in excess of five (5) percent for this period; provided, that there shall be deducted from the salary of any person who enters service with the county police on or after July 1, 1960, or re-enters pursuant to subsection (g) hereof, on or after July 1, 1960, six and one-half (6 ½) percent of such salary, such person thereby being eligible for retirement after twenty-five (25) years of service irrespective of age. The normal retirement date of any police officer in any one (1) of the three (3) retirement categories mentioned hereinabove shall not be changed as a result of the contribution rate increase provided in paragraph (4) of subsection (a) of section 35-14. The mandatory retirement date of all members of the county police shall be age sixty (60); except, that the mandatory retirement date may be extended as provided in section 33-38.
(b) If a member of the police force dies before or after retirement, leaving a surviving spouse or domestic partner, or an unmarried child under 18 years of age or an unmarried child so mentally or physically incapacitated or disabled as to be incapable of self-support, the surviving spouse or domestic partner is entitled to receive relief from the police fund in an amount not exceeding $125 per month, and each unmarried child under the age of 18 years and each unmarried mentally or physically incapacitated or disabled child, in an amount not exceeding $25 per month. If a surviving spouse or domestic partner granted relief under this Article later marries or enters into a domestic partnership with another person, relief under this Article must end. Relief granted to or for any unmarried child under the age of 18 years must end when the child reaches that age, except an unmarried mentally or physically incapacitated or disabled child or children, as described in the first sentence of this subsection. The Office of Human Resources personnel board must determine the mental or physical incapacity or disability of any child. This subsection applies equally to surviving spouses, or domestic partners, and children of deceased members of the County Police otherwise eligible to receive the benefits provided, regardless of the date of death of the member. No surviving spouse or domestic partner of any deceased member of the police; or child adopted by the member, or born of the member more than one year, after the date of retirement of the member; may receive any relief under this subsection. Notwithstanding any other provision of this subsection, all benefits payable under this subsection to the surviving spouse or domestic partner of the police officer end when the surviving spouse or domestic partner marries or enters into a domestic partnership with another person. The Office may reinstate the benefits upon reapplication of the surviving spouse or domestic partner if their later spouse or partner dies. Notwithstanding anything to the contrary, for the purpose of this Chapter, the term "surviving spouse" includes only the spouse of a police officer not divorced a vinculo from the police officer at the time of the officer's death.
(c) Whenever any member of the county police is injured or contracts a disease in the performance of police duties or an injury or disease is aggravated by such duty and such injury or disease or aggravation disables him for the performance of police duty, such member may make written application to the county personnel board for retirement and relief, or the county executive may make application for his retirement upon his failure or refusal to do so. Upon a finding of fact by such board in support of the foregoing provisions of this subsection, such member shall be retired and receive relief from the police relief and retirement fund in the amount of fifty (50) percent per annum, payable monthly, of the annual salary received by such member at the date of retirement; provided, that in the event such member has served more than twenty-five (25) years in the county police, he shall receive an additional two (2) percent per annum for each year beyond twenty-five (25) years but not to exceed sixty (60) percent per annum of his annual salary at the date of his retirement; provided, that the county personnel board shall, in determining whether such injury occurred or disease was contracted in the performance of police duties or such injury or disease was aggravated by such duty and such injury or disease or aggravation disabled him for the performance of police duties, solicit recommendations and advice from the county executive, except where the retirement application is initiated by the county executive, the superintendent of police and competent medical authority as it may deem necessary.
(d) Whenever any member of the county police, having served not less than five (5) years, shall have become incapacitated either by accident, disease or disability contracted not in the line of duty so as to be unable to perform his duties, such member may make written application to the county personnel board for retirement and relief, or the county executive may make application for his retirement upon the member's failure or refusal to do so. Upon a finding of fact by the county personnel board in support of the foregoing provisions of this subsection, he shall be retired from the service thereof and be entitled to receive relief from the police relief and retirement fund in an amount to be determined as follows: If he shall have served more than five (5) years but less than six (6) years on such police force prior to being incapacitated, he shall receive compensation amounting to ten (10) percent per year of the salary received by him at the date of retirement, and for each additional year he shall have served prior to incapacitation, he shall receive an additional two (2) percent per year of the salary received by him at the date of retirement; but in no case shall any member of such police who is retired under the provisions of this section receive compensation in excess of sixty (60) percent of his annual salary at the date of retirement.
(e) The county personnel board is authorized to certify the payment from such police fund of a sum not exceeding one hundred dollars ($100.00) in any one (1) case to defray funeral expenses of any deceased member of the police of the county, dying while in the service thereof.
(f) Any police officer of the county police who resigns or is discharged from service after August 15, 1955 shall, upon application to the county personnel board, receive the return of the money which he has had deducted from his salary and credited to the police relief and retirement fund of the county since his appointment to the county police; provided, however, that, in the event such officer is indebted for advances of unearned, paid leave or, upon leaving the service, by retirement or otherwise, fails to return uniforms or equipment issued to him, or is otherwise indebted to the county government, the amount due for such leave or other indebtedness or the replacement cost of such uniforms or equipment, may be deducted or withheld from the amount of money to be returned.
(g) Former county police officers who leave the county service in good standing and are later reappointed, after August 15, 1955, and before August 15, 1965, as police officers of the county police force shall be given credit by the personnel board toward retirement for their previous years of service; provided, that before credit can be given toward retirement for such previous years of service, those officers who withdrew their contributions from the police relief and retirement fund made during such previous years of service shall make restitution by August 15, 1968, of the same in full, plus interest at the rate of three (3) percent, compounded annually, for the period during which such contributions were withdrawn in whole or in part; and provided further, that such police officers, upon reappointment, shall be entitled to receive only such retirement benefits as may be provided under the police relief and retirement fund law at the time of their reappointment, as provided by subsequent amendment of such law.
(h) Any person who is a member of the county police department on August 15, 1956, and who served previously as a full-time police officer with the police department of any political subdivision of the county and who can establish to the satisfaction of the personnel board that as such, he performed services for and was supervised by the county police department, during that time, or any person who has served as a temporary, military temporary, or war emergency full-time police officer of the county police department, and who is desirous of obtaining credit toward retirement for such period of service may do so by paying into the police relief and retirement fund, by August 15, 1968, an amount equal to the amount which would have been deducted from his salary for retirement purposes, plus interest at the rate of three (3) percent, compounded annually, until the date such employee contributions are paid into the police relief and retirement fund, or are tendered for payment into such fund by the police officer, had the payor been such regular member of the county police department; provided, that such member shall be given retirement credit without payment for these years during which no deduction for retirement was made from salaries paid to members of the county police department; and any member of the county police, who has served less than twenty-five (25) years, and who has been retired temporarily from service because of disability incurred in the performance of his duties, and who is desirous of obtaining credit toward retirement for such period of temporary retirement may do so by paying into the police relief and retirement fund an amount with interest as hereinabove provided.
(i) Every member of the county police entitled to benefits under the provisions of the police relief and retirement fund law by reason of his retirement prior to July 1, 1958, shall be entitled to receive, effective with the first payment after August 15, 1958, a cost of living adjustment which shall be in addition to any and all benefits provided by the retirement fund. Such adjustment shall be computed by multiplying the retirement payment of the member on July 1, 1958, by a percentage equal to the percentage change in the cost of living from the date of the individual member's retirement to July 1, 1958. The Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, issued immediately prior to the adoption by the county council of the budget for the ensuing fiscal year shall be used to compute the cost of living percentage. Payments hereunder shall not be retroactive but shall continue at the same rate after the first payment until adjusted by resolution of the county council. Adjustments provided for herein shall not be paid from the income or principal of the relief and retirement fund but shall be paid from the general revenues of the county.
(j) The county council is hereby authorized by resolution at any time and from time to time to grant or to change a cost-of- living adjustment to retired members of the county police who are entitled to benefits under the police relief and retirement fund, when, in the opinion of the council, such adjustment is reasonable and necessary. Such adjustment shall be in addition to any benefits paid under the retirement fund and shall in no way affect such retirement benefits. Funds which may be required for such adjustment shall be paid from the general revenues of the county and shall not be paid from the income or principal of the relief and retirement fund. The amount of money necessary to fund such cost of living adjustments must be budgeted and paid into the fund of the employees' retirement system before such increases may become effective.
(k) Anything herein to the contrary notwithstanding, all persons receiving benefits payable under the provisions of this article may be paid on the same periods as regular employees of the county government or, in any event, on a monthly, semi-monthly or bi-weekly basis. Effective July 1, 1971, the provisions of subsection (a) of section 33-53 shall be applicable, and other provisions of this subsection noted hereinabove shall be deleted therefrom.
(l) Any unmarried police officer may designate a beneficiary or beneficiaries to receive, without interest, a lump-sum payment of the amount of money the officer has contributed into the County Police relief and retirement fund in the event of the officer's death before retirement. In addition to the benefits for surviving spouses, or domestic partners, and children otherwise provided in subsection (b) of this section, a police officer who is married or in a domestic partnership may designate a beneficiary or beneficiaries to receive, without interest, in the event of the officer's death before retirement, a lump-sum payment of the balance of the amount of money the officer contributed into the police relief and retirement fund that has not already been paid out to the officer's surviving spouse, or domestic partner, or children, if any, during the time these survivors were qualified to receive those benefits. An officer must designate beneficiaries according to procedures established by the personnel board. If a police officer does not designate a beneficiary or beneficiaries, any sum due as return of paid-in contributions must be paid to the officer's estate.
(m) As provided in the personnel regulations, compensatory leave and annual leave which an employee has credited to his leave account may be used in payment for the purchase of service credits under the police relief and retirement fund. Lapsed salary monies of a member's department may be used for these payments; provided, that the county council authorizes such use of lapsed salary monies by resolution. This option must be exercised within ninety (90) days of the effective date of this act.
(n) If a member retiring on or after May 1, 1970, elects to have his accumulated sick leave credited for retirement purposes in lieu of participating in any sick leave bonus incentive plan or payment plan provided in personnel regulations, each one hundred seventy-six (176) hours of accumulated sick leave will be considered as being the equivalent of one (1) month of credited service for retirement purposes. Not more than four thousand two hundred twenty-four (4,224) hours of such accumulated sick leave shall be creditable for retirement purposes, and any accumulated sick leave less than twenty-two (22) days shall not be creditable for retirement purposes.
Not more than two thousand one hundred twelve (2,112) hours of accumulated sick leave may be used by a member paying a contribution rate of six and one-half (6 ½) percent or seven (7) percent, to accelerate his normal retirement date.
Not more than four thousand two hundred twenty-four (4,224) hours of accumulated sick leave may be used by a member having a contribution rate of seven and one-half (7 ½) percent to accelerate his normal retirement date.
(o) Whenever the cost-of-living adjustment plan provided by section 33-44 is implemented, it shall be fully applicable to the retired members of the police relief and retirement fund and the provisions of subsections (i) and (j) of this section shall automatically be repealed in their entirety, and all subsections following thereafter appropriately relettered. Except as specifically provided in subsection (f) of section 33-44, the amount of retirement pay being received by a group D retired member shall not be reduced upon the abolishment of subsections (i) and (j) of this section. (Mont. Co. Code 1965, § 18-17; 1939, ch. 730, § 18; 1941, ch. 830, § 795; 1943, ch. 449, § 795; 1947, ch. 890, § 795; 1966 L.M.C., ch. 12, §§ 2--6; 1969 L.M.C., ch. 45, § 3; 1971 L.M.C., ch. 38, § 2; 1999 L.M.C., ch. 30, § 2; , §1.)
