5401
MONTGOMERY COUNTY

not capable of performing the duties and responsibilities
of the position to which assigned at an "acceptable level
of competence" for medical reasons, the member shall be
notified by the head of the principal department, officer
or agency that in consideration of the medical condition,
a disability retirement application should be initiated.
Before notifying the member, the principal department,
officer or agency head shall consult and obtain the
recommendation of each of the members supervisors,
review the recommendations of the Medical Examiner and
afford the member the opportunity to voluntarily initiate
a disability retirement application. If the member fails
or refuses to make application for disability retirement,
the principal department, office or agency head may
initiate a disability retirement application on behalf of
the member. All pertinent information, including the
member's attendance record, job performance record and
medical record, including the findings of the Medical
Review Committee, must be transmitted to the Retirement
Hearing Board. The Retirement Hearing Board shall
determine whether or not the member qualified for
disability retirement. The decision of the Retirement
Hearing Board may be appealed to the County Personnel
Board. Appeal procedures provided in the Personnel
Regulations shall be followed in making and handling
appeals.

SECTION XI. Section 43(i), title "Applicability of
revised benefits" is hereby deleted.

SECTION XII. Sections 44 (a), title "Election of
pension payment option" and 44(b), title "Voluntary
adjustment of pension payment by a member who retires
before he is qualified to receive Social Security
benefits" are hereby amended and Section 44(e), title,
"Applicability of cost-of-living adjustments to widow's
of Group D retirees", is hereby added, as follows:

(a) Election of pension payment option. A member
may elect an optional form of pension actuarially
equivalent to the normal form of retirement pension
otherwise payable. A member who qualifies for a
disability retirement before reaching early retirement
date is not eligible to elect a pension payment option.
A member who qualifies for non-service connected
disability retirement on or after reaching early
retirement date is eligible to elect a pension payment
option. A member who qualified for a service connected
disability retirement may elect a pension payment option
irrespective of age and credited service. To elect a
pension payment option, the member must file the