Ch. 616

1995 LAWS OF MARYLAND

THAT TIME AND AFTER A SEPARATION FROM SERVICE PRIOR TO THE TIME THEY
WOULD OTHERWISE BE PAID IF NOT FOR THE SEPARATION FROM SERVICE IF THE
SEPARATION FROM SERVICE IS CAUSED BY:

(I)      A REQUEST BY AN APPOINTING AUTHORITY OF AN EMPLOYEE
OR APPOINTED OFFICIAL FOR THE RESIGNATION OF THE EMPLOYEE OR APPOINTED
OFFICIAL AT THE EXPIRATION OF A TERM OF THE APPOINTING AUTHORITY; OR

(II)     THE EXPIRATION OF A TERM OF AN ELECTED OFFICIAL WHO IS
INELIGIBLE TO BE ELECTED FOR AN ADDITIONAL TERM BECAUSE OF TERM LIMITS.

(F)      A SPECIAL RETIREMENT OR PENSION SYSTEM MAY NOT PROVIDE FOR
LUMP SUM PAYMENTS FOR:

(1) MAY ALLOW UNUSED SICK LEAVE TO BE USED AS CREDITABLE
SERVICE FOR PURPOSES OF COMPUTING RETIREMENT BENEFITS AT THE RATE OF 22
DAYS OF UNUSED SICK LEAVE FOR 1 MONTH OF CREDITABLE SERVICE; AND

(2) MAY NOT ALLOW FOR CASH PAYMENTS FOR MORE THAN 50% OF
UNUSED SICK LEAVE CREDIT.

(G)     AN NO MORE THAN ONE APPOINTED OFFICIAL OF A COUNTY WHO IS A
MEMBER OF THE SPECIAL RETIREMENT OR PENSION SYSTEM MAY NOT MANAGE OR
SERVE AS A TRUSTEE OF THE SPECIAL RETIREMENT OR PENSION SYSTEM.

39-103.                                             

(A)     IF A COUNTY HAS CREATED A SPECIAL RETIREMENT OR PENSION SYSTEM
THAT ALLOWS OR HAS ALLOWED 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, ON OR BEFORE OCTOBER 31, 1995 JANUARY 31,
1996, THE GOVERNING BODY OF THE COUNTY SHALL:

(1) (I) MODIFY THE SYSTEM SO THAT IT COMPLIES WITH § 39-102 OF
THIS TITLE; OR OR

(2) (II) TERMINATE THE SYSTEM AS PROVIDED UNDER § 39-104 OF
THIS TITLE.-; OR AND

(B)     IF AN INDIVIDUAL IS ELIGIBLE TO RECEIVE BENEFITS THAT ARE NOT
ALLOWED UNDER § 39-102(E)(2) OR (F) OF THIS TITLE, THE GOVERNING BODY OF
THE COUNTY SHALL MODIFY OR TERMINATE THOSE BENEFITS.

(3) (2) TERMINATE ANY BENEFITS THAT ARE NOT ALLOWED UNDER
§ 39-102(E)(2) OR (F) OF THIS TITLE, THAT AN INDIVIDUAL WHO WAS AN ELECTED
OR APPOINTED OFFICIAL WHILE A MEMBER OF THE SPECIAL RETIREMENT OR
PENSION SYSTEM IS ELIGIBLE TO RECEIVE OR MODIFY THOSE BENEFITS SO THEY
COMPLY WITH § 39-103(E)(2) § 39-102(E)(2) OR (F) OF THIS TITLE.

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