Anne Arundel County                             2471

participant if termination of the plan had occurred on the day before
the plan date, and twenty percent (20%) of the first fifty thousand dollars
($50,000.00) of the participant's average regular annual compensation
during his last (5) years of service with the County multiplied by the
number of years for which the full current costs of the plan have been met
since the plan date.

(b)    As of the ninetieth (90th) day after the date of termination
of the plan or after the date of failure to meet the full current costs of
the plan, the coverage of each restricted participant who is then living
which is in excess of his unrestricted benefits will be cancelled. On and
after the ninetieth (90th) day after the date of failure to meet the full
current costs of the plan and prior to the date the full current costs of
the plan are again met, no coverage may be provided for a restricted
participant which would result in his coverage exceeding his unrestricted
benefits.

(c)    Solely for the purposes of this Section, any change in the terms
of the plan resulting in a substantial reduction in County costs shall have
the same effect as a termination of the plan unless the United States
Commissioner of Internal Revenue has ruled that such change will not
result in the failure of the plan to meet the requirements of Section
401 (a) of the Federal Internal Revenue Code.

(d)    No coverage may be provided for a restricted participant on or
after termination of the plan which would result in his coverage exceeding
his unrestricted benefits.

(e)    The terms of this subsection shall prevail over any other terms
of the plan that may be inconsistent herewith.

Section 1-238.

THE BEGINNING DATE OF THE PLAN AUTHORIZED BY THIS
ORDINANCE SHALL BE JULY 1,1969.

Section 2. AND BE IT FURTHER ENACTED, That those Anne
Arundel County officers and employees who consent to a withdrawal from
the State Employees' Retirement System shall be transferred to the Anne
Arundel County Retirement Plan, in accordance with the provisions of
Section 28 of Article 73B of the Annotated Code of Maryland (1967
Replacement Volume and 1968 Supplement).

Section 3. AND BE IT FURTHER ENACTED, If any clause, sen-
tence, part or parts of this subtitle, or any section thereof, shall be held
by any court of competent jurisdiction to be invalid or unconstitutional,
such invalidity or unconstitutionally shall not affect the validity or con-
stitutionality of the remaining parts of this subtitle, or any section thereof.
The County Council of Anne Arundel County, Maryland, hereby declares
that it would have passed the remaining parts of this subtitle, or any
section thereof, if they had known such clause, sentence, part or parts
or any section thereof would be declared invalid or unconstitutional.

Section 4. AND BE IT FURTHER ENACTED, That all laws or
parts of laws, public general or public local, inconsistent with the pro-
visions of this ordinance are hereby repealed to the extent of any such
inconsistency.