5409
MONTGOMERY COUNTY

these revisions unless an earlier or later date is
specified herein.

Approved February 1, 1974

Chapter 32

Bill No. 62-73

AN ACT to amend Chapter 27, title "Human Relations
and Civil Liberties", of the Montgomery County Code 1972,
as amended, by adding a new subsection (5) to Section
27—30, title "Unlawful Employment Practices," to provide
that it shall not be unlawful for any employer to observe
the terms of a bona fide seniority system or any bona
fide employee benefit plan, such as a retirement pension
or insurance plan, which is not a subterfuge to evade the
provisions and purposes of the County Fair Employment
Practices Law, and to provide further that no such
employee benefit plan shall excuse an employer's failure
to hire any qualified person.

BE IT ENACTED BY THE COUNTY COUNCIL FOR MONTGOMERY
COUNTY, MARYLAND, that

Sec. 1. Section 27—30, title "Unlawful Employment
Practices", of Chapter 27, title "Human Relations and
Civil Liberties", Montgomery County Code 1972, as
amended, is hereby amended by the addition thereto of a
new subsection (5) to follow immediately after subsection
(4) and to read as follows:

(5) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
ARTICLE, IT SHALL NOT BE UNLAWFUL FOR ANY EMPLOYER TO
OBSERVE THE TERMS OF A BONA FIDE SENIORITY SYSTEM OR ANY
BONA FIDE EMPLOYEE BENEFIT PLAN, SUCH AS A RETIREMENT,
PENSION OR INSURANCE PLAN, WHICH IS NOT A SUBTERFUGE TO
EVADE THE PROVISIONS AND PURPOSES OF THIS ARTICLE, EXCEPT
THAT NO SUCH EMPLOYEE BENEFIT PLAN SHALL EXCUSE AN
EMPLOYER'S FAILURE TO HIRE ANY QUALIFIED PERSON.

Sec. 2. Effective date.

The County Council hereby declares that an emergency
exists and that this legislation is necessary for the
immediate protection of the public health and safety.
Therefore, this emergency legislation shall take effect
on the date on which it becomes law.

Approved February 1, 1974