5405
MONTGOMERY COUNTY

department, office or agency of the County Government,
any appointing authority, the County Council or any
member thereof, the General Assembly of the State of
Maryland, or the electorate of Montgomery County, such
member may elect, in lieu of the return of member
contributions with credited interest, to receive a
retirement benefit indicated below, commencing at the
member's elective early retirement date, or immediately
if eligible for early retirement.

(1)    If the member has at least ten years of
continuous service, the pension shall equal two percent
of final earnings multiplied by years of credited
service, up to a maximum of thirty—six years plus sick
leave credits,

(2)    If the member has at least twenty years
of continuous service, the pension shall equal two
percent of final earnings multiplied by years of credited
service up to a maximum of thirty—six years plus sick
leave credits or fifty percent of his final earnings,
whichever is greater.

Years of credited service of less than a full year
will be pro rated; any credited service in excess of
fifteen days shall be equal to one month and any service
of less than fifteen days shall not be counted.

Notwithstanding the above provision, ten or more
years of credited service may be substituted by any
member appointed on or before April 1, 1970, for the ten
or more years of continuous service requirement.

Notwithstanding the above provisions, any member
covered by this plan on April 30, 1970, and continuously
employed thereafter, will be eligible to receive a
pension commencing immediately.

Notwithstanding the above provisions, any County
employee member qualifying for a discontinued service
pension under Section (c) (1) hereinabove is not eligible
to receive such pension payments until that date which
would have been the member's early retirement date had
the member remained continuously in the County service.

If the employment or the tenure of a member,
otherwise qualified for a discontinued service pension,
is terminated for reasons not specifically stated herein
which the member believes to be of questionable validity
and intended to circumvent the provisions of this section
or other applicable provisions of this law, the member
may appeal to the County Personnel Board for a ruling on
the member's eligibility to receive a discontinued
service pension. The decision of the County Personnel