2162

LAWS OF MARYLAND

Ch. 309

(IV) (III) CORRECTIONAL OFFICERS ASSIGNED TO
THE COUNTY JAIL.

(2) IN LIEU OF ESTABLISHING A SEPARATE FULLY FUNDED
PENSION PLAN FOR THE PERSONS SET FORTH IN SUBSECTION (A) OF THIS
SECTION, THE BOARD OF COUNTY COMMISSIONERS MAY NEGOTIATE FOR THE
PARTICIPATION OF THOSE PERSONNEL IN AN APPROPRIATE PLAN OR
PROGRAM ADMINISTERED BY THE STATE.

(3) (2) ANY PLAN ESTABLISHED BY THE BOARD OF COUNTY
COMMISSIONERS UNDER THIS SECTION SHALL INCLUDE PROVISIONS
REGARDING:

(I)  RETIREMENT AGE ELIGIBILITY;

(II)  RETIREMENT BASED ON YEARS OF ACTIVE
SERVICE, REGARDLESS OF AGE;

(III)  EARLY RETIREMENT ELIGIBILITY;

(IV)  DISABILITY RETIREMENT;

(V)  DEATH BENEFITS FOR A SPOUSE OR CHILDREN;

(VI)  COST-OF-LIVING ADJUSTMENTS; AND

(VII)  CASH REFUND OF CONTRIBUTIONS FOR
PARTICIPANTS TERMINATING THEIR EMPLOYMENT.

(4) (3) (I) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH
(II) OF THIS PARAGRAPH, THE BOARD OF COUNTY COMMISSIONERS SHALL
DETERMINE THE EFFECTIVE DATE FOR ANY PLAN THAT IT ESTABLISHES.

(II) THE EFFECTIVE DATE OF ANY PLAN ESTABLISHED
BY THE BOARD OF COUNTY COMMISSIONERS SHALL CONFORM TO THE
PROVISIONS OF ARTICLE 73B, §§ 28 AND 138 OF THE CODE THAT CONCERN
THE WITHDRAWAL BY A COUNTY, MUNICIPAL CORPORATION, OR OTHER
POLITICAL SUBDIVISION OF THE STATE FROM THE EMPLOYEES' RETIREMENT
SYSTEM OF THE STATE AND THE PENSION SYSTEM FOR EMPLOYEES OF THE
STATE AND THE TRANSFER TO A LOCAL RETIREMENT OR PENSION SYSTEM.

(5) (4) (I) ANY PENSION PLAN ESTABLISHED BY THE BOARD
OF COUNTY COMMISSIONERS OF CALVERT COUNTY UNDER THIS SECTION MAY
NOT BE APPLIED TO ANY PERSON WHOSE TERM OF OFFICE ENDED PRIOR TO
JANUARY 1, 1971, IF THAT PERSON IS ELIGIBLE TO RECEIVE A PENSION
UNDER SECTION 2-309(F)(2) OF THE COURTS AND JUDICIAL PROCEEDINGS
ARTICLE.

(II) ANY PERSON WHO ELECTS TO PARTICIPATE IN A
PENSION PLAN ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS
UNDER THIS SECTION IS NOT ELIGIBLE TO RECEIVE PENSION BENEFITS
UNDER SECTION 2-309(F)(2) OF THE COURTS AND JUDICIAL PROCEEDINGS
ARTICLE.