Ch. 616                                    1995 LAWS OF MARYLAND

Article - State Personnel and Pensions

TITLE 39. SPECIAL RETIREMENT OR PENSION SYSTEMS.
39-101.

(A)     IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

(B)     "COUNTY" MEANS A COUNTY OF THE STATE AND, UNLESS EXPRESSLY
PROVIDED OTHERWISE, BALTIMORE CITY.

(C)     (1) "SPECIAL RETIREMENT OR PENSION SYSTEM" MEANS A
RETIREMENT OR PENSION SYSTEM THAT:

(1) (I) PROVIDES RETIREMENT OR PENSION BENEFITS; AND

(2) (II) ALLOWS A COUNTY EXECUTIVE, COUNTY COUNCIL MEMBER,
OR COUNTY COMMISSIONER, OR APPOINTED OFFICIAL TO PARTICIPATE.

(2) "SPECIAL RETIREMENT OR PENSION SYSTEM" DOES NOT INCLUDE:

(I) A DEFINED CONTRIBUTION PLAN WITH BENEFITS
DETERMINED BY AN ACTUARIAL COMPUTATION BASED ON EMPLOYEE
CONTRIBUTIONS AND THE ACCRUED RETURN ON THOSE CONTRIBUTIONS; OR

(II) A RETIREMENT OR PENSION PLAN THAT DETERMINES BENEFIT
AMOUNTS USING COMPUTATIONS OR OTHER SPECIFIC METHODS ENACTED AS AN
ORDINANCE BY THE GOVERNING BODY.

39-102.

(A)    A COUNTY MAY NOT CREATE A SPECIAL RETIREMENT OR PENSION
SYSTEM THAT ALLOWS THE SYSTEM'S BENEFITS TO BE SET OR AMENDED
ADMINISTRATIVELY BY A MEANS OTHER THAN BY ORDINANCE ENACTED BY THE
GOVERNING BODY OF THE COUNTY.

(B)     ON OR AFTER JANUARY FEBRUARY 1, 1996, A COUNTY MAY CREATE A
SPECIAL RETIREMENT OR PENSION SYSTEM IF THE SYSTEM MEETS THE
REQUIREMENTS STATED IN THIS SECTION.

(C)     (1) A COUNTY THAT CREATES A SPECIAL RETIREMENT OR PENSION
SYSTEM SHALL CREATE THE SYSTEM BY AN ORDINANCE ENACTED BY THE
GOVERNING BODY OF THE COUNTY.

(2) THE ORDINANCE CREATING THE LOCAL SPECIAL RETIREMENT OR
PENSION SYSTEM SHALL SET FORTH:

(I)      THE BENEFITS TO BE PROVIDED UNDER THE SYSTEM;

(II)    A METHOD OF FUNDING THE SYSTEM THAT COMPLIES WITH
SUBSECTION (D) OF THIS SECTION; AND

(III)   A METHOD OF SELECTING TRUSTEES FOR THE SYSTEM.

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