2358                               County Local Laws

payment of additional contributions in excess of five percent for this period;
provided, however, 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 percent of such salary, such person thereby being eligible
for retirement after twenty-five years of service irrespective of age. All
members of the county police shall be retired at the age of sixty-five; except
that upon recommendation of the superintendent of the county police, the
county executive may grant an extension.

(c)    Whenever any member of the Montgomery County police is
injured or contracts a disease in the performance of police duties or any
injury or disease is aggravated by such duty and such injury or disease
or aggravation disables him for the performance of police duty, such mem-
ber may make written application to the county personnel board for retire-
ment 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 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 years in the county police, he shall receive an addi-
tional two percentum per annum for each year beyond twenty-five years
but not to exceed sixty 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 in-
itiated by the county executive), the superintendent of police, and compe-
tent medical authority as it may deem necessary.

(d)    Whenever any member of the Montgomery County police, have-
ing served not less than five years, shall have become incapacitated either
by accident, disease or disability contracted not in 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 fail-
ure 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 years but less than six
years on such police prior to being incapacitated, he shall receive compen-
sation amounting to ten percentum per year of the salary received by him
at the date of retirement and for each additional year he shall have served
on such police prior to incapacitation, he shall receive an additional two
percentum per year of the salary received by him at the date of retire-
ment 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 per-
centum of his annual salary at the date of retirement.

Section 4. Section 27-3, Chapter 27, title "In General," of the Mont-
gomery County Code 1965, is hereby repealed and re-enacted, with amend-
ments, to read as follows: