Montgomery County                               2703

of sixty percentum of the salary which he was receiving at the date
of his original retirement. The county personnel board, subject to the
approval of the council, shall have power to enforce compliance with
the provisions hereof by withholding the payment of benefits; but nothing
contained in this section shall be construed to enforce residence in the
county upon any retired member of such police. Any retired member
of the Montgomery County police department receiving benefits who is
recalled shall be entitled to receive reimbursement for his actual necessary
transportation expenses to and from Montgomery County in the event
that his residence at the time of such recall is located more than one
hundred miles distant from the geographical confines of the county.

Section 2. Subsection (a) of Section 18-16, Chapter 18, title "Police",
of the Montgomery County Code 1965, as amended, is hereby repealed
and re-enacted, with amendments, to read as follows:

18-16. Generally.

(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 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 Em-
ployees' Retirement System of Montgomery County established under the
provisions of Section 2-33A, "Employees' Retirement System; Authority
to Adopt" of Chapter II of the Montgomery County Code 1960, titled
"Administration". 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 an equal amount of money out of the general funds of the
County which shall be credited to such police Relief and Retirement
Fund, which shall become a part of the total fund of the Employees'
Retirement System of Montgomery County: three and one-half percent
of the monthly salary beginning July 1, 1955; four and one-half percent
of the monthly salary beginning July 1, 1956; five percent of the monthly
salary beginning July 1, 1957; six and one-half percent of the monthly
salary beginning July 1, 1960, of each member appointed or reappointed
after July 1, 1960 and for each employee appointed or reappointed during
the period of July 1, 1955, through June 30, 1960, who elects to have
six and one-half percent deducted from his salary under the provisions
of Section 18-17(a).

(5)    The additional amount of not less than $321,000 to 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.