2702                               Municipal Charters

Enacted December 9, 1969
Effective December 7, 1970
October Legislative Session 1969

Chapter 45
(Bill No. 49-69)

An Act to amend Chapter 18, title "Police", of the Montgomery
County Code 1965, as amended, by repealing and re-enacting, with
amendments, Section 18-12, title "Recall of retired policemen in emer-
gencies, subsection (a) of Section 18-16, title "Generally", and sub-
sections (a), (c) and (d) of Section 18-17, title "Benefits generally";
title II, title "Special Taxing Area Laws", Subtitle I, title "Fire
Tax Areas", Chapter 27, title "In General", by repealing and re-
enacting, with amendments, Section 27-3, title "Authority of Council
to provide for disability and death benefits for fire departments and
rescue squads", to authorize the County Executive to recall retired
policemen in the event of specified emergencies; to provide for the
County Executive depositing the monies of the Police Relief and
Retirement Fund with the approved funding agent of the Employee's
Retirement System of Montgomery County; to authorize the County
Executive to extend the active service of members of the county
police age 65 who request such extensions; to authorize the County
Executive to apply for the retirement of police officers who due to
disease, illness or injury are unable to perform police duty, and to
provide recommendation and advice on the retirement of such police
officers, and to rescind as obsolete the Council's authority to ap-
point a board to conduct hearings in connection with benefits granted
by the Council to members of fire departments and rescue squads.

Be it enacted by the County Council for Montgomery County, Maryland,
that—

Section 1. Section 18-12, Chapter 18, title "Police", of the Montgomery
County Code 1965, is hereby repealed and re-enacted, with amendments,
to read as follows:

18-12. Recall of retired policemen in emergencies.

Any retired member of the county police receiving benefits under
the provisions of this chapter may in the time of flood, riot, conflagration,
extraordinary assemblages, or unusual emergencies, or anticipated un-
usual emergencies, be recalled by the county executive into the service
of such police from which he was retired with benefits, for such duty
as his age or disability will permit him to perform; and each member
of the county police so recalled shall, during the period of such service,
receive a rate of compensation which would be the equivalent of the rank
and pay steps thereof, to which he was assigned at the time of his original
retirement, but shall be in lieu of his retirement benefits for the same
period of time; provided, that the police officers who have retired in good
standing on service retirement after completing at least twenty-five years
of service, at fifty percent of the annual salary received by such member
at the time of his retirement, shall be entitled to earn toward retirement
while on recall duty an additional two percentum per annum of the salary
he was receiving at the time of his original retirement for each additional
full year served on recall duty; provided, that in no case shall such
member of the county police be entitled to receive in excess of a total