HomeMy WebLinkAbout230509aJohn F. Barr, President
Jeffrey A. Cline, Vice President
BOARD OF COUNTY COMMISSIONERS
May 9, 2023
OPEN SESSION AGENDA
(REVISED)
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
CALL TO ORDER, President John F. Barr
9:05 AM COMMISSIONERS’ REPORTS AND COMMENTS
9:15 AM STAFF COMMENTS
9:20 AM CITIZEN PARTICIPATION
9:30 AM POST LEGISLATIVE REVIEW SESSION
Bruce C. Bereano, Lobbyist, Washington County
9:50 AM PROPOSED RETIREMENT PLAN (PLAN) AMENDMENTS
Barry Downey and Tyler Downey, Smith & Downey, P.A.
10:10 AM COURIE DOON FARM LLC RURAL LEGACY PROGRAM (RLP) EASEMENT
Chris Boggs, Rural Preservation Administrator, Planning & Zoning
10:25 AM CONVERSION OF AMERICAN RESCUE PLAN ACT (ARPA) COMMUNITY
INVESTMENT GRANT PROGRAM
Linda Spence, Business Specialist, Business Development; Jonathan Horowitz,
Director, Business Development; Allison Hartshorn, ARPA Grant Manager, Grant
Management
10:35 AM BID AWARD (PUR-1602) GRINDER PUMPS FOR DEPARTMENT OF WATER
QUALITY (DWQ)
Rick Curry, Director, Purchasing; Mark Bradshaw, Director, Environmental
Management
SOLE SOURCE PROCUREMENT (PUR-1617) – LIFEPAK 15 MONITOR
/DEFIBRILLATOR DEVICES
Rick Curry, Director, Purchasing; David Chisholm, Deputy Director, Emergency
Services
Wayne K. Keefer
Randall E. Wagner
Page 2 of 2
OPEN Session Agenda
May 9, 2023
Individuals requiring special accommodations are requested to contact the Office of the County Commissioners, 240.313.2200
Voice/TDD, to make arrangements no later than ten (10) working days prior to the meeting.
10:40 AM CONTRACT RENEWAL (PUR-1544) – TRASH REMOVAL SERVICES AT
COUNTY FACILITIES
Brandi Naugle, Buyer, Purchasing; Danny Hixon, Deputy Directory, Parks and
Facilities
REQUIREMENTS CONTRACT AWARD (PUR-1604) – REAL PROPERTY
SERVICES
Brandi Naugle, Buyer, Purchasing; Todd Moser, Real Property Administrator,
Engineering
REQUIREMENTS CONTRACT AWARD (PUR-1605) – REAL PROPERTY
APPRAISAL SERVICES
Brandi Naugle, Buyer, Purchasing; Todd Moser, Real Property Administrator,
Engineering
10:50 AM AIRPORT STAFFING REVISIONS
Neil Doran, Director, Hagerstown Regional Airport; Andrew Eshleman, Director,
Public Works
10:55 AM POLICE RECRUITMENT AND RETENTION GRANT – APPROVAL TO ACCEPT
AWARDED FUNDING
Cody Miller, Quartermaster/Grants Manager, Washington County Sheriff's Office;
Rachel Souders, Senior Grant Manager, Grant Management
11:00 AM CLOSED SESSION - (To discuss the appointment, employment, assignment,
promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of
appointees, employees, or officials over whom this public body has jurisdiction; or any other
personnel matter that affects one or more specific individuals; To consult with counsel to obtain legal
advice on a legal matter; and To comply with a specific constitutional, statutory, or judicially imposed
requirement that prevents public disclosures about a particular proceeding or matter)
11:30 AM RECONVENE IN OPEN SESSION
RECESS
6:00 PM FY24 PUBLIC BUDGET AND TAX RATE HEARING – Kepler Performing Arts and
Visual Arts Center, Hagerstown Community College, 11512 Kepler Drive,
Hagerstown, Maryland 21740
ADJOURNMENT
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Open Session Item
SUBJECT: Post Legislative Review Session
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Bruce C. Bereano, Lobbyist, Washington County
RECOMMENDED MOTION: N/A
REPORT-IN-BRIEF: Final Update on 2023 Legislative Session
DISCUSSION: Summary of 2023 Legislative Session
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ATTACHMENTS: Legislative Tracking Report
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Open Session Item
SUBJECT: Proposed Retirement Plan (Plan) Amendments
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Barry Downey and Tyler Downey, Smith & Downey, P.A.
RECOMMENDED MOTION: Motion to approve the Retirement Plan Amendments as presented
and to amend the Plan accordingly.
REPORT-IN-BRIEF: Benefits counsel will present proposed Plan amendments for review and vote
of approval as summarized below.
DISCUSSION: The proposed Plan amendments are summarized below.
1. Update of the Plan’s general effective date to July 1, 2022, together with update of dollar
amounts throughout the Plan as indexed by the IRS each year.
2. Amendment of Section 11.2 Retirement Committee – Addition of the following committee
members to the Retirement Committee:
a. A member of the new firefighter union (IAFF) approved in October 2022;
b. Two additional members from the Sheriff’s Office (one from Judicial and one from
Patrol);
c. The County’s Retirement Coordinator.
3. Amendment of Section 1.43 Definition of Uniformed Covered Employee – Addition of IAFF
members.
4. Amendment of Section 1.29 Definition of Normal Retirement Age and Section 8.1 Deferred
Pension Benefits – Addition of five (5) year vesting requirement [Note that Section 4.8
Withdrawal of Employee Contribution Benefit allows for flexibility to amend this requirement
retroactively, not merely prospectively, because the five (5) year requirement was already
contained in Section 4.8 of the Plan].
5. Amendment of Section 3.1 Leave of Absence – Addition of language allowing employees to
make contribution payments during workers’ compensation leaves of absence utilizing workers’
compensation payments or other fund sources.
6. Amendment of Section 6.2 Eligibility for Deferred Retirement Option Program (DROP) –
Clarification of language to clearly state that once a Plan participant has participated in the
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
DROP, the Plan participant is no longer eligible to participate in the DROP again, even if the
duration of the Plan participant’s DROP participation was less than five (5) years.
7. Amendment of Section 1.11 Definition of Compensation – Clarification that Compensation
under the Plan is determined as of the last pay date in the applicable Plan Year (which is the
fiscal year).
8. Amendment of Section 1.15 Definition of Covered Employee – Carving out the position of
County Treasurer from eligibility for participation in the Plan or any Maryland State Retirement
System plan upon execution of a one-time election not to participate.
FISCAL IMPACT: N/A
CONCURRENCES: N/A
ATTACHMENTS: Redlined Retirement Plan
EMPLOYEES' RETIREMENT PLAN OF WASHINGTON COUNTY
Amendment and Restatement
Generally effective July 1,
2M2022
WasNnµanLwntyVgpionRm3031 p3]8
EMPLOYEES' RETIREMENT PLAN OF WASHINGTON COUNTY
Amendment and Restatement
Generally effective July 1,
204-92022
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
1.1 ACCRUED BENEFIT................................................................................................ 1
1.2 ACTUARIAL EQUIVALENT OR EQUIVALENT ACTUARIAL. VALUE ......... 2
1.3 ACTUARIAL REDUCTION....................................................................................... 2
1.4 ADMINISTRATOR...................................................................................................... 2
1.5 ANNUITY STARTING DATE................................................................................... 2
1.6 APPOINTED OFFICIAL............................................................................................. 2
1.7 AVERAGE COMPENSATION.................................................................................. 2
1.8 BENEFICIARY........................................................................................................... 2
1.9 CASH-OUT.................................................................................................................. 2
1.10 CODE.........................................................................................................................2
1.11 COMPENSATION.................................................................................................... 3
1.12 COORDINATOR........................................................................................................ 3
1.13 COUNTY................................................................................................................... 3
1.14 COUNTY COMMISSIONERS................................................................................. 3
1.15 COVERED EMPLOYEE............................................................................................3
1.16 EARLY RETIREMENT DATE................................................................................ 3
1.17 EFFECTIVE DATE....................................................................................................4
1.18 ELECTED OFFICIAL............................................................................................... 4
1.19 EMPLOYEE CONTRIBUTIONS BENEFIT............................................................ 4
1.20 EMPLOYER.............................................................................................................. 4
1.21 EMPLOYMENT COMMENCEMENT DATE or REEMPLOYMENT
COMMENCEMENT DATE.................................................................................. 5
1.22 LEAVE OF ABSENCE............................................................................................. 5
1.23 LIMITATION YEAR................................................................................................ 5
1.24 MARYLAND EMPLOYER....................................................................................... 5
1.25 MARYLAND EMPLOYER RETIREMENT PLAN ................................................ 5
1.26 MARYLAND STATE RETIREMENT SYSTEMS .................................................. 5
1.27 NON -UNIFORMED COVERED EMPLOYEE........................................................ 5
1.28 NON -UNIFORMED PARTICIPANT....................................................................... 5
1.29 NORMAL RETIREMENT AGE............................................................................... 5
1.30 NORMAL RETIREMENT DATE............................................................................ 6
1.31 ONE-YEAR PERIOD OF SEVERANCE................................................................. 6
1.32 PARTICIPANT.......................................................................................................... 6
1.33 PERIOD OF SERVICE.............................................................................................. 6
1.34 PERIOD OF SEVERANCE........................................................................................ 6
1.35 PER -PAY COMPENSATION.................................................................................... 6
1.36
PLAN................................................................................................................ 6
1.37
PLAN YEAR.................................................................................................... 6
1.38
PRE -EMPLOYMENT MILITARY SERVICE ................................................. 6
1.39
TERMINATIONDATE.................................................................................... 7
1.40
TRUST.............................................................................................................. 7
1.41
TRUSTFUND................................................................................................... 7
1.42
TRUSTEE......................................................................................................... 7
1.43
UNIFORMED COVERED EMPLOYEE.......................................................... 7
1.44
UNIFORMED PARTICIPANT........................................................................ 7
1.45
YEARS OF SERVICE....................................................................................... 7
ARTICLE 2
ELIGIBILITY FOR PARTICIPATION
2.1
INITIAL ELIGIBILITY.................................................................................... 9
2.2
SUBSEQUENT ELIGIBILITY........................................................................ 9
2.3
PARTICIPATION AS CONDITION OF EMPLOYMENT ............................ 9
2.4
REHIRED PARTICIPANTS............................................................................ 10
2.5
WINDOW BENEFIT ELIGIBILITY............................................................... 10
ARTICLE 3
CREDIT FOR SERVICE
3.1
LEAVE OF ABSENCE....................................................................................
10
3.2
UNUSED SICK LEAVE..................................................................................
11
3.3
PURCHASE AND TRANSFER OF SERVICE ...............................................
12
3.4
BENEFIT ENHANCEMENTS........................................................................
13
ARTICLE 4
CONTRIBUTIONS
4.1
EMPLOYER CONTRIBUTIONS.................................................................... 14
4.2
EMPLOYER'S RIGHT TO SUSPEND OR REDUCE CONTRIBUTIONS . ..14
4.3
DISPOSITION OF FORFEITURES................................................................ 14
4.4
ACTUARIAL EVALUATION......................................................................... 14
4.5
PICK-UP CONTRIBUTIONS.......................................................................... 14
4.6
ROLLOVER CONTRIBUTIONS.................................................................... 16
4.7
OTHER PARTICIPANT CONTRIBUTIONS................................................. 17
4.8
WITHDRAWAL OF EMPLOYEE CONTRIBUTION BENEFIT .................. I8
ARTICLE 5
RETIREMENT BENEFITS
5.1
NORMAL RETIREMENT BENEFITS...........................................................
18
5.2
LATE RETIREMENT BENEFITS..................................................................
19
5.3
EARLY RETIREMENT BENEFITS...............................................................
19
5.4
FORMS OF BENEFITS....................................................................................
19
5.5
PAYMENTS TO MINORS AND INCOMPETENTS .....................................
21
5.6
NON -LOCATABLE PARTICIPANTS............................................................
21
5.7 DISABILITY BENEFITS................................................................................ 21
5.8
MAXIMUM LIMITATION ON BENEFITS........................................................ 23
5.9
DISTRIBUTION REQUIREMENTS..................................................................... 24
5.10
DETERMINATION OF ACTUARIAL EQUIVALENCE ................................... 25
5.11
DIRECT ROLLOVERS ....................................................................................I..... 25
5.12
MILITARY SERVICE BENEFITS....................................................................... 26
5.13
IN-SERVICE RETIREMENT BENEFIT............................................................... 26
ARTICLE 6
DEFERRED RETIREMENT OPTION PROGRAM
6.1
DEFINITIONS.......................................................................................................
27
6.2
ELIGIBILITY FOR DROP....................................................................................
27
6.3
--
DURATION OF DROP.........................................................................................
27
6.4
APPLICATIONS FOR DROP PARTICIPATION ................................................
27
6.5
DROP PARTICIPATION......................................................................................
27
6.6
DROP BENEFIT....................................................................................................
28
6.7
PAYMENT OF DROP ACCOUNT........................................................................
29
6.8
BENEFITS FAYABLE UPON TERMINATION OF EMPLOYMENT ...............
29
ARTICLE 7
:ATH BENEFITS
7.1 _DEATH AFTER RETIREMENT BUT BEFORE BENEFITS BEGIN ................. 30
7,2 _DEATH AFTER BENEFFTS BEGIN..................................................................... 30
7.3 PRERETIREMENT DEATH BENEFITS............................................................. 30
ARTICLE 8
TERMINATION OF EMPLOYMENT
8.1 DEFERRED PENSION BENEFITS...................................................................... 31
ARTICLE 9
AMENDMENT AND TERMINATION
9.1
EMPLOYER'S RIGHT TO AMEND....................................................................
31
9.2
AMENDMENT PROCEDURE.............................................................................
32
9.3
TERMINATION OF THE PLAN..........................................................................
32
9.4
ALLOCATION AND DISTRIBUTION.................................................................
32
9.5
AUTOMATIC TERMINATION OF CONTRIBUTIONS ....................................
33
9.6
TERMINATION PROCEDURE...........................................................................
33
9.7
RELEASE AND DISCHARGE OF ADMINISTRATOR ......................................
33
ARTICLE 10
ADMINISTRATION
10.1 ADMINISTRATION.............................................................................................. 33
ft
ARTICLE 11
THE ADMINISTRATOR
I1.1 MEMBERS...............................................................................................................34
11.2 RETIREMENT COMMITTEE................................................................................34
11.3 RETIREMENT ADVISORY COMMITTEE...........................................................35
11.4 POWERS AND RESPONSIBILITIES...................................................................
35
11.5 CERTIFICATIONS AND INVESTIGATIONS......................................................36
11.6 CLAIMS PROCEDURE...........................................................................................36
11.7 ADVICE...................................................................................................................37
11.8 LIABILITY: INDEMNIFICATION..........................................................................37
11.9 INSURANCE.............................................................................................................38
11.10 BONDING...............................................................................................................38
I1.11 COMPENSATION.................................................................................................38
11.12 PLAN RECORDS...................................................................................................38
11.13 INSTRUCTIONS TO TRUSTEES........................................................................38
11. 14 INVESTMENT MANAGERS ...............................................................................38
ARTICLE 12
MISCELLANEOUS
12.1 NO RIGHT TO EMPLOYMENT............................................................................39
12.2 HEADINGS...............................................................................................................39
12.3 COUNTERPARTS...................................................................................................39
12.4 GOVERNING LAW.................................................................................................39
12.5 UNIFORM TREATMENT........................................................................................39
12.6 RULES AND REGULATIONS...............................................................................39
12.7 LOCATION OF PARTICIPANT OR BENEFICIARY UNKNOWN......................39
12.8 NO ASSIGNMENT OF BENEFITS........................................................................39
12.9 EXCLUSIVE BENEFIT...........................................................................................40
12.10 STATUTE OF LIMITATIONS..............................................................................40
EXHIBITl.......................................................................................................................41
EXHIBIT2.......................................................................................................................43
EXHIBIT3.......................................................................................................................44
'�JwMnglonCounlyNercbn Vl-W21 WM iv
EMPLOYEES' RETIREMENT PLAN OF WASHINGTON COUNTY
Amendment and Restatement
Generally effective July 1, 2AN92022
' This amended and restated Plan, the Employees' Retirement Plan of Washington County
(the "Plan"), is adopted, generally effective July 1, 202249, by Washington County, Maryland
(the "County"). This amended and restated Plan is designed to afford eligible employees an
opportunity to increase their security at retirement through participation in a pension plan during
their periods of active employment while this Plan remains in effect.
The retirement plan set forth in the Employees' Retirement System of the State of
Maryland was created and established on October 1, 1941 and has been amended from time to
time. On July 1, 1948, the County Commissioners of Washington County, Maryland became a
participating municipality on behalf of certain employees of Washington County, Maryland.
Effective July 1, 1972, the County Commissioners of Washington County, Maryland
enacted and adopted by ordinance the "Employees' Retirement Plan of Washington County" (the
"Plan"). The Plan has been amended on a number of occasions since that time.
Except as otherwise provided in the Plan or by applicable law, the terms of the Plan, as
amended and restated, shall apply only on or after July I, 202249. Except as is otherwise provided
in the Plan or by applicable law, the terns of the Plan, as amended and restated, shall apply only
with respect to individuals who are Covered Employees of the County on or after July 1, 202249,
and the rights, benefits and interests of any employee who died, retired or otherwise terminated his
or her employment with the County prior to July 1, 202249 shall be determined under the
provisions of the Plan as in effect on the date such former employee died, retired or otherwise
terminated his or her employment with the County.
ARTICLE 1
DEFINITIONS
The following terms, when used in this Plan, have the meanings set forth below, unless
different meanings are clearly required by the context:
1.1 ACCRUED BENEFIT means the benefit to which a Participant is entitled, pursuant
to the previsions of Article 5, expressed as the Normal Form of monthly benefit commencing at
Normal Retirement Date or its Actuarial Equivalent. The Accrued Benefit as of any date preceding
the Participant's Normal Retirement Date, but expressed as the Normal Form of monthly benefit or
its Actuarial Equivalent, shall be the monthly benefit computed pursuant to Section 5.3, 5.7 or 8.1.
In no event, however, shall the Accrued Benefit exceed the maximum limitation determined, as of
the date of computation, pursuant to Section 5.8.
The portion of the Participant's Accrued Benefit attributable to contributions made
pursuant to Sections 4.5 and 4.7 shall be equal to the Actuarial Equivalent of the Participant's
Employee Contributions Benefit, expressed as the Normal Form of monthly benefit commencing
at Normal Retirement Date. The portion of the Participant's Accrued Benefit attributable to
County contributions shall be the remainder, if any, of the Accrued Benefit.
was�vnNuncwM'� •nuonounzrteiwle
1.2 ACTUARIAL EQUIVALENT OR EQUIVALENT ACTUARIAL VALUE means
the dollar value of any benefit on a specified date, computed as provided in Section 5.10.
Notwithstanding any other Plan provisions to the contrary, the applicable
mortality table used for purposes of adjusting any benefit or limitation under Code Section
415(b)(2)(B), (C), or (D), as provided in Section 5.8, is the mortality table prescribed in Revenue
Ruling 2001-62 (or such other mortality table published by the Internal Revenue Service using
the latest effective date permitted for that table).
1.3 ACTUARIAL REDUCTION means a reduction which will cause a benefit with a
starting date that precedes a Participant's Normal Retirement Date to be the Actuarial Equivalent
of the benefit which would otherwise have been payable commencing on that Normal Retirement
Date. However, notwithstanding any factors set forth in the definition of Actuarial Equivalent, the
reduction shall be equal to one-half of one percent (0.5%) of the benefit for each month by which
the Participant's Benefit Commencement Date precedes the first day of the month coincident with
or next following the date on which the Participant would have attained Normal Retirement Age
had he or she remained a Participant.
1.4 ADMINISTRATOR means the Plan Administrator provided for in Article 11 of
this Plan.
L5 ANNUITY STARTING DATE means the first day of the first period for which an
amount is paid as an annuity, or in the case of a benefit not payable in the form of an annuity, the
first day on which all events have occurred which entitle the Participant to such benefit.
1.6 APPOINTED OFFICIAL means any County official appointed in accordance with
the Annotated Code of Maryland, the Public Local Laws of Washington County, or in
accordance with the Constitution of the State of Maryland.
1.7 AVERAGE COMPENSATION means one-third of the sum of the Participant's
Compensation for each of the three Plan Years for which his or her Compensation was the highest.
If a Participant has had Compensation for fewer than three years, Average Compensation shall be
based on his or her Compensation during his or her entire period of employment with the County.
For purposes of this Section 1.7, Compensation for any Plan Year will be determined
as of the final day of the Plan Year. Notwithstanding the preceding, Compensation with respect to a
Plan Year will be disregarded if(i) the Participant was not a Participant as of the last day of the Plan
Year or (ii) the Participant was on a Leave of Absence on the last day of the Plan Year.
1.8 BENEFICIARY means any person, estate or trust entitled to receive any payments
due under this Plan as a result of the death of a Participant
1.9 CASH -OUT means a distribution, in settlement of a benefit otherwise payable
under the Plan and which is the Actuarial Equivalent of the Participant's Employee Contribution
Benefit.
L 10 CODE means the Internal Revenue Code of 1986 and the regulations promulgated
thereunder, as amended from time to time.
2
1.11 COMPENSATION means the Covered Employee's annualized base rate of pay from
the County in effect on the last pay date in the applicable Plan Yew,
determined without regard to (i) overtime, bonuses and other extra remuneration, (ii) contributions,
credits or benefits under this or any other retirement, deferred compensation, fringe benefit or
employee welfare benefit plan, or (iii) direct reimbursement for expenses. Notwithstanding the
preceding, Compensation includes "elective contributions" which are not includible in gross income
under Code §§125, 402(e)(3), 402(h)(1)(B), 403(b) or 132(1)(4), plus deferrals under an eligible
deferred compensation plan within the meaning of Code §457(b) and plus employer "pick-up"
contributions (under governmental plans) within the meaning of Code §414(h)(2).
Notwithstanding the preceding, the annual Compensation of each Participant taken
into account under the Plan for any year may not exceed the dollar limit under Code §401(a)(17)(e.g,
$280305 000 for 202249. This dollar limit shall be adjusted automatically at the same time and in the
same manner as any cost -of -living adjustment made by the Secretary of the Treasury under Code
§415(d) (as modified by Code §401(a)(17)). In determining benefit accruals in Plan Years beginning
after December 31, 2001, the annual compensation limit described in the first sentence of this
paragraph shall not apply for determination periods beginning before January 1, 2002.
1.12 COORDINATOR means a specific employee of the County to whom certain
administrative duties have been delegated by the Administrator.
1.13 COUNTY means Washington County, Maryland. The County shall act through the
County Commissioners, except to the extent the County Commissioners have designated authority
to act on behalf of the County to any other individual or entity.
1.14 COUNTY COMMISSIONERS means the County Commissioners of Washington
County, Maryland.
1.15 COVERED EMPLOYEE means any person employed by the County as a full time
employee who is regularly scheduled to work at least 35 hours per week and twelve months each
calendar year and who is paid by the County Commissioners or, prior to July 1, 1995, by the
Washington County Sanitary Commission. "Covered Employee" also includes any Appointed
Official or Elected Official of Washington County. However, the County Treasurer who was
elected in 2022 and whose term of office began January 1, 2023, may elect not to participate in
this Plan and any Maryland State Retirement Systems plan with respect to his term of office as
County Treasurer by making a one-time irrevocable election not to participate. Notwithstanding
the preceding, "Covered Employee" does not include any person who is a leased employee. For
purposes of this Section, `leased employee" means any person (other than an employee of the
recipient) who, pursuant to an agreement between the recipient and any other person, has
performed services for the recipient (or for the recipient and related persons determined in
accordance with Code §414(n)(6)) on a substantially full-time basis for a period of at least one
year, and such services are under the recipient's primary direction or control.
1.16 EARLY RETIREMENT DATE means, for a Non -Uniformed Participant, except
for a Non -Uniformed Participant whose Normal Retirement Age is defined in Section 1.29(b),
any date that precedes the Participant's Normal Retirement Date and that coincides with or
follows the date he or she is first credited with 25 Years of Service. For a Uniformed Participant,
Early Retirement Date is any date that precedes the Participant's Normal Retirement Date and that
coincides with or follows the date he or she is first credited with 20 Years of Service.
MshnMoK uMy P—n ":n=I OM 3
1.17 EFFECTIVE DATE means July 1, 20192022, the general effective date of this
amendment and restatement of the Plan. The initial effective date of the Plan was July 1, 1972.
1.18 ELECTED OFFICIAL means any County official elected for a fixed term as
specifically provided in the Annotated Code of Maryland, the Public Local Laws of Washington
County, or in accordance with the Constitution of the State of Maryland.
1.19 EMPLOYEE CONTRIBUTIONS BENEFIT means the sum of the following
amounts (minus any previous distributions):
(a) The contributions made by the Participant on an after-tax basis prior to
January 1, 1990 and made by the Participant through salary reduction and "picked up" by the County
on or after January 1,1990, as described in Section 4.5(a)(i); plus
(b) The contributions made by the Participant pursuant to Section 4.7; plus
(c) The contributions, plus earnings previously credited on such contributions,
made by the Participant pursuant to Section 4.5(a)(ii), and picked up by another Maryland Employer,
all of which are thereafter transferred to the Plan; plus
(d) The contributions, plus earnings previously credited on such contributions,
made by the Participant pursuant to Section 4.7(b)(ii), and not picked up by another Maryland
Employer, all of which are thereafter transferred to the Plan; plus
(e) Interest on the amounts described in (a) through (d) above, as follows:
(i) For Participants whose Termination Date is before January 1, 2020:
(A) For Plan Years other than the Plan Year that includes the
Participant's Termination Date, six percent of any amounts contributed or transferred prior to the
Plan Year, with such interest computed on June 30 of the Plan Year and compounded annually.
(B) For the Plan Year that includes the Participant's Termination
Date, interest on any amounts contributed or transferred prior to the Plan Year and on any amounts
contributed or transferred during the Plan Year, with such interest computed as of the last day of the
month coincident with or immediately preceding the Annuity Starting Date, at an annualized rate of
six percent; or
(ii) For Participants whose Termination Date is on or after January 1,
2020:
(A) For Plan Years preceding or including the Participant's
Termination Date, six percent of any amounts contributed or transferred prior to the Plan Year,
with such interest computed on June 30 of the Plan Year and compounded annually.
(B) For Plan Years beginning after the Participant's Termination
Date, four percent of any amounts contributed or transferred prior to the Plan Year, with such
interest computed on June 30 of the Plan Year and compounded annually.
1.20 EMPLOYER means Washington County, Maryland.
1.21 EMPLOYMENT COMMENCEMENT DATE or REEMPLOYMENT
COMMENCEMENT DATE means the later of July 1, 1972 or the date on which a Covered
Employee first performs an Hour of Service or first performs an Hour of Service following a
Period of Severance. Notwithstanding the preceding sentence, the Employment Commencement
Date for a Covered Employee who elects to defer the effective date of his or her participation in
the Plan pursuant to Section 2.2 shall be the date on which the Covered Employee elects to
commence participation.
1.22 LEAVE OF ABSENCE means an absence from active service with the County,
approved in advance by the County, that does not constitute a termination of employment.
1.23 LIMITATION YEAR means, for purposes of the application of the provisions of
Code §415, the calendar year, unless otherwise provided by adoption of a written resolution by
the County.
1.24 MARYLAND EMPLOYER means the State of Maryland and any other political
subdivision within the State of Maryland.
1.25 MARYLAND EMPLOYER RETIREMENT PLAN means a retirement plan that is
sponsored by a Maryland Employer, provided such plan is a defined benefit plan operated on an
actuarial basis.
1.26 MARYLAND STATE RETIREMENT SYSTEMS means, collectively, the
Employees' Retirement System of the State of Maryland and the Employees' Pension System of
the State of Maryland.
1.27 NON -UNIFORMED COVERED EMPLOYEE means any Covered Employee
who is not a Uniformed Covered Employee.
1.28 NON -UNIFORMED PARTICIPANT means any Non -Uniformed Covered
Employee who is currently a Participant under the Plan, including, where appropriate according
to the context of the Plan, any former Non -Uniformed Covered Employee who is or may become
(or whose Beneficiaries may become) eligible to receive a benefit under the Plan.
1.29 NORMAL RETIREMENT AGE means; a Participant who has at least 5 Years
of Service. and
(a) for a Non -Uniformed Participant identified on Exhibit 1, the earlier of (i) the
Participant's 60th birthday or (ii) the date on which he or she is credited with 30 Years of Service;
(b) for a Non -Uniformed Participant identified on Exhibit 2 or whose Employment --
Commencement Date is on or after July 1, 2013 (see Section 4.5(a)(ii)) but before July 1, 2019, the
earlier of (i) the Participant's 60th birthday or (ii) the date on which he or she is credited with 25 Years
of Service;
(c) for a Non -Uniformed Participant who would be described in Section 1.29(b)
except that he or she was rehired as a Covered Employee after July 1, 2019, the earlier of (i) the
Participant's 60th birthday or (ii) the date on which he or she is credited with 25 Years of Service;
WaMVplmW WtOai Ran MI OM
(d) for allon-Uniformed Participant not described in 1.29(c) whose Employment
Commencement Date is on or after July 1, 2019, the earlier of (i) the Participant's 62nd birthday or
(ii) the date on which he or she is credited with 30 Years of Service; and
(e) for a Uniformed Participant, the earlier of (i) the Participant's 50th birthday
or (ii) the date on which he or she is credited with 25 Years of Service.
1.30 NORMAL RETIREMENT DATE means the first day of the month coinciding
with or next following a Participant's Normal Retirement Age.
1.31 ONE-YEAR PERIOD OF SEVERANCE means a 12 consecutive month period
beginning on a Covered Employee's Termination Date and ending on the first anniversary of
such date provided the Covered Employee during such 12 consecutive month period does not
perform an Hour of Service.
1.32 PARTICIPANT means any Covered Employee who participates in the Plan as
provided in Article 2 or any former Covered Employee who is entitled to a future benefit under
the Plan. A Participant shall continue to be a Participant as long as he or she is entitled to receive
or is receiving a Plan benefit.
1.33 PERIOD OF SERVICE means a period of service commencing on the Covered
Employee's Employment Commencement Date or Reemployment Commencement Date,
whichever is applicable, and ending on the Covered Employee's Termination Date. Notwithstanding
the preceding, a period when a Covered Employee is on unpaid Leave of Absence will not count as
a Period of Service except as provided under Section 3.1.
1.34 PERIOD OF SEVERANCE means a period of time commencing on a Covered
Employee's Termination Date and ending on the date the Covered Employee again is credited
with an Hour of Service.
1.35 PER -PAY COMPENSATION means the Participant's base pay per pay period,
determined without regard to: (i) overtime, bonuses and other extra remuneration; (ii) amounts in
excess of the per -pay equivalent of the applicable dollar limit under Code §401(a)(17), as adjusted
for increases in the cost of living pursuant to Code §401(a)(17)(B) of the Internal Revenue Code, in
effect on the first day of the Plan Year; (iii) contributions, credits or benefits under this Plan or under
any other retirement, deferred compensation, fringe benefit or employee welfare benefit plan, or (iv)
direct reimbursement for expenses. Notwithstanding the preceding, Per -Pay Compensation includes
any amount that would have qualified as base pay if it had not been deducted from the Participant's
pay pursuant to a salary reduction election under Code§§125 or 132(t)(4), a deferral under an
eligible deferred compensation plan within the meaning of Code §457(b) or a "pick-up" contribution
(under governmental plans) within the meaning of Code §414(h)(2).
1.36 PLAN means the Employees' Retirement Plan of Washington County as set forth
in this document and as amended from time to time.
1.37 PLAN YEAR means the 12 month period beginning each July 1 and ending each
June 30 during which this Plan is in effect.
1.38 PRE -EMPLOYMENT MILITARY SERVICE means active military duty in the
Armed Forces of the United States which precedes a Participant's Employment Commencement
Date.
1.39 TERMINATION DATE means the earliest to occur of (a) a termination of
employment by reason of resignation, discharge, mutual agreement, total and permanent disability,
retirement or death; (it) the date on which a Leave of Absence expires without a return to active
employment, or (iii) the date on which the individual ceases to be a Covered Employee.
Notwithstanding the foregoing provisions of this Section, an Employee who is absent from service
with the Employer solely by reason of military service under circumstances by which such Employee
is afforded reemployment rights under any applicable Federal or State statute or regulation, will be
deemed not to have quit or have been absent from service with the Employer if he or she returns to
service with the Employer before the expiration of such reemployment rights; provided, however, in
the event that the Employee fails to return to service with the Employer before the expiration of such
reemployment rights, he or she will be deemed to have quit on the first day on which the Employee
was fast absent from service with the Employer by reason of such military service.
Solely for purposes of determining whether a Termination Date has occurred, a
Termination Date shall not occur for a Participant until the second anniversary of the first date on
which the Participant is absent from employment with the County for maternity or paternity reasons.
For purposes of this Section, an absence from employment for maternity or paternity reasons shall
mean an absence due to (a) the pregnancy of the Participant, (b) the birth of a child of the Participant,
(c) the placement of a child with the Participant; or (d) the caring of such child by the Paiticipant for a period
beginning immediately following such birth m placement.
1.40 TRUST means the trust established under this Plan or under a separate trust
agreement which forms a part of this Plan.
1.41 TRUST FUND means the assets of the Trust.
1.42 TRUSTEE means the trustee of the Trust serving as such from time to time
1.43 UNIFORMED COVERED EMPLOYEE means any Covered Employee who is Cl)
employed as sworn sheriff's personnel, or (iil, effective on and after October 11, 2022, any
Covered Employee covered by the collective bargaining agreement between the County
Commissioners and Local 1605 of the International Association of Fire Fighters, AFC -CIO.:
1.44 UNIFORMED PARTICIPANT means a Uniformed Covered Employee who is
currently a Participant under the Plan, including, where appropriate according to the context of
the Plan, any former Uniformed Covered Employee who is or may become (or whose
Beneficiaries may become) eligible to receive a benefit under the Plan.
1.45 YEARS OF SERVICE.
(a) In General. Years of Service means a Participant's total number of whole
years and completed months of Periods of Service (with a partial month of 15 or more days
considered a completed month), whether or not such Periods of Service were completed
consecutively. For any Participant who elected, before August 31, 1972, to participate in this
Plan, Years of Service also includes service credited under the Maryland State Retirement
Systems prior to July 1, 1972.
In addition, additional Years of Service may be credited for Leaves of Absence,
unused sick leave and purchases and transfers of service, as provided in Article 3.
(b) Other Rules In determining a Covered Employee's Years of Service, the
following rules shall apply:
(i) If a Covered Employee is transferred to a class of employment
ineligible for participation in this Plan, but remains employed by the County, except as otherwise
provided under the Plan or any Exhibit thereto, the employee shall no longer accrue Years of
Service for benefit accrual purposes or for vesting purposes under this Plan.
(ii) If an employee is transferred from an ineligible class to an eligible
class of employment for participation in this Plan, except as otherwise provided under the Plan or any
Exhibit hereto, the Covered Employee shall not receive Years of Service for any of the Covered
Employee's prior service (except with respect to any service rendered while a prior Participant of this
Plan in accordance with the provisions of this Plan at that time) with the County for benefit accrual or
for vesting purposes under this Plan.
(iii) A Covered Employee whose employment has been interrupted by a
One -Year Period of Severance and who later is reemployed and receives credit for service under
subparagraph (a)(ii) shall be deemed to be a Participant as of the date of the Covered Employee's
reemployment. A Covered Employee who terminates employment and is rehired prior to incurring a
One -Year Period of Severance shall be deemed to be a Participant as of the date of the Covered
Employee's reemployment. For purposes of this subparagraph (a), a person's date of reemployment
shall be the first date following the person's reemployment on which he or she first receives credit
for an Hour of Service because of the performance of duties for the County.
(iv) In all other cases, upon the reemployment of a former Participant,
the former Participant shall be regarded for all purposes as a new employee and shall be eligible
to participate after he or she meets the eligibility requirements of Section 1.15 and Article 2.
(v) Notwithstanding the foregoing subparagraphs (a)(iii) and (a)(iv), if a
Participant who had terminated employment with a vested benefit is reemployed, and the Participant
has received, is receiving or is eligible to receive benefits under the Plan when he or she is
reemployed, the benefits (if any) to which the Participant was entitled under the Plan prior to such
reemployment shall be suspended until the earlier of the Participant's (1) subsequent retirement, (2)
termination of employment, (3) death, or (4) required distribution date determined under the Plan.
Upon the subsequent commencement of benefit payments to the Participant following such
suspension, the monthly amount of the Participant's benefit payable shall be determined by taking
into account the Participant's reemployment; provided, however, that any Years of Service for which
the Participant has received a "cash -out distribution" shall be disregarded (unless the cash -out
distribution is repaid as provided below) and any benefits payable with respect to the Participant's
reemployment will be reduced or offset as and to the extent permitted by applicable law by any
benefits previously paid to the Participant and/or by any actuarial adjustments provided hereunder
due to the Participant's suspension of benefits.
In the event of the retirement or the termination of employment of
such a Participant following such suspension, the monthly amount of the Participant's pension
payable following such retirement or termination of employment shall be no less than the monthly
benefits previously being provided under the form of benefit chosen by the Participant at his or her
initial retirement. If a Participant dies during the period of such a suspension and prior to such a
subsequent retirement or termination of employment, the Participant's Beneficiary shall be entitled to
the benefit, if any, provided under the form of benefit chosen by the Participant at his or her initial
retirement and to any other death benefit provided under the Plan.
(vi) Anything in this Plan to the contrary notwithstanding, Years of
Service for benefit accrual purposes shall not be granted for service for which the Participant had
previously received a distribution of his or her entire benefit under the Plan.
(vii) Any Participant who has received a cash -out distribution of his or
her Employee Contributions Benefit is entitled to make a repayment to the Plan to restore the
Participant's benefit accrual Years of Service which otherwise would be disregarded, subject to
the following:
(A) All repayments must be made no later than the
Participant's Benefit Commencement Date;
(B) The repayment must be made in cash; and
(C) The amount of the repayment must be the Actuarial
Equivalent amount of that portion of the Participant's projected benefit attributable to Years of
Service with respect to which the cash -out distribution was received.
(viii) A Covered Employee who is absent from service with the County or an
Affiliated Company solely by reason of military service under circumstances by which such
Covered Employee is afforded reemployment rights under any applicable Federal or State statute or
regulation, such Covered Employee shall be deemed not to have quit or have been absent from
service with the County or an Affiliated Company if such Covered Employee returns to service with
the County or an Affiliated Company before the expiration of such reemployment rights; provided,
however, in the event such Covered Employee fails to return to service with the County or an
Affiliated Company before the expiration of such reemployment rights, such Covered Employee
shall be deemed to have quit on the first day on which such Covered Employee was first absent from
service with the County or an Affiliated Company by reason of such military service.
ARTICLE 2
ELIGIBILITY FOR PARTICIPATION
2.1 INITIAL ELIGIBILITY. Each Covered Employee who is a Participant on the
Effective Date will continue as a Participant in the Plan on the Effective Date.
2.2 SUBSEQUENT ELIGIBILITY Each person who becomes a Covered Employee
after the Effective Date will become a Participant on the date he or she first performs an hour of
service for the County as a Covered Employee.
2.3 PARTICIPATION AS CONDITION OF EMPLOYMENT. Except for Covered
Employees who, before July 1, 1972, elected to retain participation in the Maryland State
Retirement Systems, a Covered Employee's participation in the Plan and the agreement to make
contributions, m provided in Section 4.5 is a mandatory condition of employment.
WaW�gtoKauMNPenJan Ran 2M I 0 9
2.4 REHIRED PARTICIPANTS. A Participant whose employment with the County
terminates and who is rehired will be eligible to participate in this Plan on his or her
Reemployment Commencement Date.
2.5 WINDOW BENEFIT ELIGIBILITY. From time to time, the County may------ Formatted: Justified, Indent: Left: 0.06", Space Mom
approve an early retirement window benefit under the Plan. 14.65 pt Line spacing: Exactly 13.65 pt
ARTICLE 3
3.1 —LEAVE OF ABSENCE. Yews of Service will be credited for a Leave of Absence
(or any portion thereof) during which a Participant receives payment directly from the County from
which required Participant contributions are deducted pursuant to Section 4.5. Except as otherwise
provided in this Section 3.1, Years of Service will not be credited for a Leave of Absence (or any
portion thereof) during which a Participant does not receive payment directly from the County from
which required Participant contributions are deducted pursuant to Section 4.5. Notwithstanding the
preceding, Years of Service will be credited for a Leave of Absence for any portion thereof) during
which a Participant does not receive Payment directly from the County from which required
Participant contributions are deducted pursuant to Section 4 5, but only to the extent that the
Participant makes the required Participant contributions (1) during the Leave of Absence from
fully made to the Plan by the Participant, the Participant will be credited with Years of Service for
only the portion of the period of Leave of Absence for which the required Participant contributions
were received by the Plan.
However, a Participant may elect to receive credit for Years of Service with respect to
a Leave of Absence during which he or she does not receive payment directly from the County by (i)
making a written request for such credit, in accordance with procedures established by the County, no
later than 30 days after Participant returns to work at the end of the Leave of Absence (or, if the
Participant's employment terminates during the Leave of Absence, no later than 30 days after the
Participant's employment terminates) and (ii) paying to the Plan, in one lump sum payment or through
payroll deductions an amount ("Make -Up Contributions") equal to the total amount of Participant
contributions that would have been payable by the Participant if the Participant had remained actively
employed for the entire period covered by that Leave of Absence, pursuant to procedures described in
this Section 3.1 and any additional administrative rules established by the County. A Participant who
fails to make such an election within the 30-day period described in this Paragraph will cease to be
eligible to receive credit for Years of Service for the applicable Leave of Absence.
The Participant's election to contribute Make -Up Contributions pursuant to this
Section will include an agreement to contribute total Make -Up Contributions in an meant equal to
the Participant contributions the Participant would have been required to make pursuant to Section
4.5 had the Participant remained in active service during the Leave of Absence (based on what the
Participant's Per -Pay Compensation would have been in his or her last paycheck prior to the Leave
of Absence if the Participant had worked his or her regularly -scheduled hours).
If the Participant timely elects to contribute Make -Up Contributions through payroll
deductions, those contributions shall be made over a period that is acceptable to the County that is no
w�wmw«,wo»au,.aaz+wx 10
longer than the period of Leave of Absence for which the Participant is electing to make contributions.
Payroll deductions will commence within a reasonable period after the Participant makes a timely
election to contribute Make-up Contributions through payroll deductions. If a Participant elects to
contribute Make -Up Contributions pursuant to this paragraph through payroll deductions and the
Participant's employment with the County terminates before the Participant has contributed the total
amount of Make -Up Contributions needed for the Participant to be credited with service for the entire
period of Leave of Absence, the Participant must pay the entire remaining amount due in a lump sum
payment no later than 30 days after termination of employment. If no such payment is received by that
deadline, the Participant will be credited with Years of Service for only the portion of the period of
Leave of Absence for which Make -Up Contributions were received by the Plan. If a Participant's
payroll deductions for Make -Up Contributions are interrupted for a reason other than termination of
employment with the County, such as because of another unpaid Leave of Absence, the Participant's
time period for contributing Make -Up Contributions with respect to the original Leave of Absence
will be tolled until the Participant again resumes employment.
If a Participant timely elects to contribute Make -Up Contributions as a lump sum,
that lump sum payment must be equal to the total amount of Make -Up Contributions and must paid
to the Plan no later than 60 days after the end of the Leave of Absence or in accordance with other
administrative rules established by the County. If the Participant fails to contribute the entire amount
of required Make -Up Contributions by the end of that 60-day period, the Participant will cease to be
eligible to contribute Make -Up Contributions for the applicable Leave of Absence.
Notwithstanding the preceding, if Section 3.3(a)(iv)(A) applies with respect to a
Leave of Absence, payment of the Participant's contributions for that Leave of Absence may be
made in accordance with applicable requirements of the Uniformed Services Employment and
Reemployment Rights Act of 1994 or any other applicable federal law or in accordance with this
Section, whichever is more favorable to the Participant.
A Participant (or his or her Beneficiary) who is on a Leave of Absence remains
eligible for death benefits under Section 7.3. However, a Participant who is on a Leave of
Absence shall not be eligible for disability benefits under Section 5.7.
3.2 UNUSED SICK LEAVE. Prior to his or her Annuity Starting Date, a Participant --"-- Formatted: Indent: Left: 0.06"
may
make an election to exchange unused sick leave that has not been cashed in. The election --"--- Formatted: Left, Indent: Lea: 0.06", Right: 0"
shall be made in writing to the Coordinator.
(a) A Participant who wishes to retire on account of normal retirement, but who
does not have the necessary Years of Service, may elect to exchange unused sick leave for additional
Years of Service applied to render the Participant eligible for normal retirement. - - -
(b) A Participant who wishes to retire on account of early retirement, but who
does not have the necessary Years of Service, may elect to exchange unused sick leave for additional
Years of Service applied to render him or her eligible for early retirement.
(c) A Participant who wishes to retire on account of normal retirement, and who
has attained his or her Normal Retirement Date but has fewer than 50 Years of Service, may elect to
exchange unused sick leave for additional Years of Service (but only to the extent that total Years of
Service do not exceed 50) applied to calculate the amount of the Participant's normal retirement
ai-oax 11
benefit
(d) A Participant who wishes to retire on account of early retirement and who has
reached his or her Early Retirement Date may elect to exchange unused sick leave for additional Years
of Service applied to seduce the Actuarial Reduction for early commencement of benefits (or applied
to calculate the amount of the Participant's normal retirement benefit, if such application produces a
higher retirement benefit).
(e) Unused sick leave shall be exchanged at the rate of one -twelfth of one Year
of Service (one "Month of Service"), the equivalent of which is calculated based upon Annual Hours
of Service by employment category as described in Exhibit 3, which is incorporated into the Plan by
this reference. Any unused sick leave remaining after crediting full Months of Service based on the
preceding sentence shall not be available for exchange under this Section 3.2. No partial Months of
Service will be credited. Any changes to Exhibit 3 may be made at any time to reflect changes in the
County's employment practices and any such changes are automatically incorporated into the Plan as
of the effective date of each change without the need for an Amendment to this Plan document.
3.3 PURCHASE AND TRANSFER OF SERVICE. A Participant may elect to receive
credit for service (whether or not it would be considered a Year of Service had it been performed for
the County) purchased with respect to prior County service or transferred from another employer in
accordance with Section 3.3(a). If such service is purchased or transferred, the number of Years of
Service credited to the Participant shall be adjusted in accordance with Section 3.3(b).
(a) Conditions for Purchase and Transfer.
(i) Any member of a Maryland Employer Retirement Plan who, without
a break in employment, becomes a Covered Employee, may be entitled to elect to receive credit
for Years of Service for service recognized under another Maryland Employer Retirement Plan.
Notwithstanding any provision of this Plan to the contrary, benefits with respect to Participants
who transfer employment between Maryland governmental employers shall be governed by Title
37 of the State Personnel and Pensions Article of the Annotated Code of Maryland.
(if) Pursuant to Section 4.7(b)(iii), any Covered Employee may elect to
receive credit for Years of Service for service performed with the County which is disregarded on
account of a Cash -Out.
(iii) Any Covered Employee may elect, at any time, to receive credit for
Years of Service for service performed under the federal government PEP or CETA programs (up
to a maximum of three years). A Covered Employee who makes such an election must pay over to
the Plan the Actuarial Equivalent of that portion of his or her projected benefit attributable to
service with such program, subject to limitations set forth in Section 5.8.
(iv) Any Covered Employee who provides the Coordinator with sufficient
evidence of military service shall receive service credit for such military service as follows:
(A) If a Participant incurs a Leave of Absence on account of
military service, he or she will receive credit for Years of Service as required by the Uniformed
Services Employment and Reemployment Rights Act of 1994 or any other federal law.
MsMng CouWensim Fan 2WI 03N 12
(B) If a Participant's military service precedes his or her active duty
service with the County, he or she will receive credit for Years of Service to the extent of his or her
active military service in the Aimed Forces of the United States (to a maximum of three years)
provided that the Participant eams at least five Years of Service (actual County credited service other
than military or transferred service).
(C) A Participant may not receive service credit for military
service: (1) if the military service has been previously recognized by another Maryland State system
(ADD m local retirement or pension), or (2) if the Participant is entitled to receive a benefit (except
for disability benefits, Social Security benefits or benefits under the National Railroad Retirement
Act) fi-om another retirement system on account of such military service or (3) if the military service
was connected with inactive or reserve military status.
(v) Any Participant who is determined by the County to be eligible to
purchase service as described in this paragraph (v) pursuant to the terms of an employment agreement
entered into before June 1, 2017 may elect, at any time, including following a separation fiom service
with the County, to receive credit for up to eight Years of Service for any combination of(i) up to
five years of "non -qualified service credit" (as defined in Code §415(n)(3)(B)) or (it) service as an
employee of the government of the United States, or any state or political subdivision of a state, or
any agency or instrumentality of the government of the United States or a state or political
subdivision of a state. To receive credit for any service pursuant to this Section 3.3(a)(v), a
Participant who makes such an election, must pay over to the Plan (in cash or in the form of a check
or other cash equivalent that is acceptable to the County, as determined by the Plan Administrator, in
its sole discretion) the Actuarial Equivalent of the full amount needed to fund the entire cost of his or
her additional projected benefit attributable to service that is to be credited based on the preceding
sentence. Any crediting of service based on this Section 3.3(a)(v) is subject to limitations set forth in
Section 5.8. Payment by the Participant of the amount necessmy to fund the additional periods of
service provided for in this paragraph may be made in accordance with any schedule acceptable to
the County and consistent with Section 5.8 mid other terms of the Plan and applicable law. The
amount of service credited pursuant to this paragraph will be limited to the amouu of service that can
be purchased based on the actual amount paid to the Plan by the Participant (and not counting any
County contributions to the Plan) and the timing of any payments, in accordance with the Plan's
provisions for determining Actuarial Equivalence.
(b) Amount of Credited Service.
(i) The Participant shall receive full credit for all Years of Service
purchased or transferred pursuant to Section 3.3(a).
(ii) Notwithstanding clause (i), if a Participant retires (within the meaning
of Title 37 of the State Personnel and Pension Article of the Annotated Code of Maryland) within five
years after the date of transferring service into this Plan pursuant to Section 33(a)(i)), the portion of
the Participant's Accrued Benefit payable with respect to the transferred service credit may not be
greater than the benefits that would have been payable by the other Maryland County Retirement Plan
with respect to that service if the Participant had remained a participant in that other Maryland County
Retirement Plan.
3.4 BENEFIT ENHANCEMENTS. Notwithstanding any provision of this Plan to the
contrary, the County has the discretion to negotiate Plan benefit enhancements for the County
13
Administrator to the extent permitted under applicable law. These benefit enhancements can be
incorporated into the Plan by reference to the County Administrator's employment contract. The
details of the Plan benefit enhancements will be contained in the employment contract, but will be
a part of the Plan by the Plan's incorporation of those provisions of the employment contract by
reference.
ARTICLE 4
CONTRIBUTIONS
4.1 EMPLOYER CONTRIBUTIONS. The funding of the Plan and payment of benefits
hereunder shall be provided for through the medium of the Trust. The County's contributions
shall be payable at such intervals and in such amounts as may be determined by the actuaries for
the Plan. The County, from time to time, shall make contributions to the Trust in amounts
determined, in accordance with generally accepted actuarial principles, to be sufficient to support
the contributions and transfers made pursuant to Section 4.5, and the contributions and transfers
made pursuant to Section 4.7, and to fund the benefits provided by the Plan.
4.2 EMPLOYER'S RIGHT TO SUSPEND OR REDUCE CONTRIBUTIONS. The
County intends to continue the Plan and make regular contributions to the Fund, but the Comity
reserves the right to suspend or reduce contributions to the Plan.
4.3 DISPOSITION OF FORFEITURES. Any forfeiture arising under the provisions of
the Plan shall be used to reduce the then current or future costs of funding the benefits provided in
the Plan.
4.4 ACTUARIAL EVALUATION. The County shall, at least once every Plan Year,
cause the liabilities of the Plan to be evaluated by an enrolled actuary who shall report to the
County as to the soundness and solvency of the Trust and the amount of the County contribution
sufficient to meet the requirements of Section 4.1.
4.5 PICK-UP CONTRIBUTIONS. Under limited circumstances described below,
Participant contributions, picked up by the County or by another Maryland Employer, maybe
accepted by the Plan.
(a) Types of Contributions/Transfers
(i) County Pick -Up Contributions of Participants With Employment
Commencement Dates Before July I, 2013. In accordance with rules established by the County, (A)
commencing on September I, 2013, each Non -Uniformed Participant with an Employment
Commencement Date before July 1, 2013, shall be required to make contributions to the Plan equal to
the percentage specified in the following paragraph, mid (B) commencing on his or her Employment
Commencement Date, each Uniformed Participant with an Employment Commencement Date before
July 1, 2013, shall be required to make contributions to the Plan equal to 6.0% of his or her Per -Pay
Compensation.
Each Non -Uniformed Participant identified on Exhibit I will make
contributions at 5,5% of his or her Per -Pay Compensation. Each Non -Uniformed Participant
identified on Exhibit 2 will make contributions at 6.0%of his or her Per -Pay Compensation.
14
Each Participant who is on a Leave of Absence during which the Participant
receives payment directly from the County also shall be required to make contributions to the Plan
equal to (A) in the ease of a Non -Uniformed Participant specified on Exhibit 1, 5.5% of his or her
weekly payment, (B) in the case of a Non -Uniformed Participant specified on Exhibit 2, 6.0% of his
or her weekly payment, and (C) in the case of a Uniformed Participant, 6.0% of his or her weekly
payment. The Participant contributions referred to in this Section 4.5(a)(i) shall be picked up by the
County, as described in Code §414(h)(2), deducted from the pay of the contributing Participants as
salary reduction contributions, and paid by the County to the Trustees with reasonable promptness
after the total of such contributions during any month has been determined, and in any event by the
end of the succeeding month. The contributions made pursuant to this Section 4.5(a)(i) shall be
made a part of the Participant's Employee Contributions Benefit; that is, a part of his or her
Accrued Benefit. (Before January 1, 1990, the contributions referred to in this Section 4.5(a)(i)
were made on an after-tax basis.)
(ii) County Pick -Up Contributions of Participants With Employment
Commencement Dates On or After July 1, 2013. Notwithstanding the preceding, in accordance with
rules established by the County, commencing on his or her Employment Commencement Date, each
Non -Uniformed Participant and Uniformed Participant whose Employment Commencement Date is
on or alter July 1, 2013 shall be required to make contributions to the Plan equal to 6.0% of his or her
Per -Pay Compensation. Each Participant covered by this Section 4.5(a)(li) who is on a Leave of
Absence during which the Participant receives payment directly from the County also shall be
required to make contributions to the Plan equal to 6.0% of his or her weekly payment. The
Participant contributions referred to in this Section 4.5(a)(ii) shall be picked up by the County, as
described in Code §414(h)(2), deducted from the pay of the contributing Participants as salary
reduction contributions, and paid by the County to the Trustees with reasonable promptness after the
total of such contributions during any month has been determined, and in any event by the end of the
succeeding month. The contributions made pursuant to this Section 4.5(a)(ii) shall be made a part of
the Participant's Employee Contributions Benefit; that is, a part of his or her Accrued Benefit.
(iii) Transfer of Pick -Up Contributions from Other Maryland Employers.
Pursuant to the provisions of Section 3.3(a), the Trust may accept a transfer of monies directly from
another Maryland Employer Retirement Plan. Such transfer shall consist of contributions made by the
Participant, but characterized by that other Maryland Employer as employer pick-up contributions,
plus earnings previously credited upon such contributions. Such amounts shall be made a part of the
Participant's Employee Contributions Benefit; that is, a part of his or her Accrued Benefit.
Notwithstanding any provision of this Plan to the contrary, benefits
with respect to Participants who transfer employment between Maryland governmental employers
shall be governed by Title 37 of the State Personnel and Pensions Article of the Annotated Code of
Maryland.
(b) Suspension of Contributions. A Participant's salary reduction contributions
shall be automatically suspended for any payroll period during which the Participant is not a
Covered Employee or with respect to a Leave of Absence during which the Participant does not
receive payment directly from the County.
(c) Vesting of Pick -Up Contributions. Notwithstanding any other provision of
this Plan, Participant contributions, picked up either by the County or by other Maryland Employers
and made or transferred to the Plan, are fully vested at all times.
IS
(d) Payment of Benefits. Subject to the right of withdrawal described in Section
4.8, benefits purchased from the Participant's contributions are payable at the smile time, in the same
manner, and, in the event of the Participant's death, to the smile Beneficiary as the remainder of the
Participant's Accrued Benefit.
(e) Plan Termination. Notwithstanding any provision of Section 93, if the Plan
is terminated, distribution to each Participant of the portion of his or her Accrued Benefit attributable
to contributions picked up by the County shall be treated as a priority distribution ahead of any other
distribution to Participants based upon the remainder of the Trust, other tharr those attributable to
contributions made pursuant to Section 4.7.
4.6 ROLLOVER CONTRIBUTIONS, A Participant may contribute to the Plana
Rollover Contribution, as defined in this Section, only as permitted under this Section.
(a) Effective Date. At the discretion of the Administrator, this Section 4.6 will
become effective on or after July 1, 2002, as determined by the Administrator, and nothing in this
Section shall apply to the Plan before the date, if any, set by the Administrator.
(b) Definition of Rollover Contribution. "Rollover Contribution" means an
amount contributed to the Plan on or before the 60th day after the day the contributing Covered
Employee received it, if the amount received by the Covered Employee is a distribution which is
eligible for rollover to the Plan under Code §402 and is a distribution from one of the following: (i)
another retirement plan qualified under §401(a) or 403(a) of the Code; (ii) to the extent permitted
under the Code, as amended by the Economic Growth and 'fax Relief Reconciliation Act of 2001
("EGTRRA"), an individual retirement account m annuity described in Code §§408(a) or (b), but only
if the distribution would otherwise be includible in gross income; (iii) to the extent permitted under the
Code, as amended by EGTRRA, a distribution from an annuity contract described in Code §403(b); or
(iv) to the extent permitted under the Code, as amended by EGTRRA, an eligible plan under Code
§457(b) which is maintained by a state, political subdivision of a state, or any agency or
instnumentality of a state or political subdivision of a state.
The term "Rollover Contribution" also means assets representing a Participant's
nonforfeitable interest in another retirement plan qualified under §401(a) or 403(a) of the Code, or
in a conduit individual retirement account or annuity, which assets have been transferred directly
from the trustee (or other fiduciary) of such other plan, account or annuity to the Trustees of this
Plan; provided, however, that such direct transfer shall not be accepted by the Trustee unless (A) the
transfer constitutes arr "elective transfer" under §1.411(d)-4 Q&A-3(b) of regulations promulgated
by the Secretary of the Treasury, (B) the plan from which the transfer is made provides no protected
benefits under §411(d)(6) of the Code which are not already provided under the Plan and (C) the
transfer constitutes a direct rollover under §402 of the Code.
In addition to the preceding, to the extent permitted under the Code, as amended by
EGTRRA, the term "Rollover Contribution" shall further mean a direct rollover contribution of a
distribution from an annuity contract described in Code §403(b), excluding after-tax contributions, or
from an eligible plan under Code §457(b) that is maintained by a state, political subdivision of a
state, or any agency or instrumentality of a state or political subdivision of a state.
The Administrator may reject any Rollover Contribution which is not qualified to
be a Rollover Contribution to the Plan under the foregoing or under the Code. The Administrator
16
may make all investigations necessary to determine whether any amount submitted as a Rollover
Contribution may be received.
(c) Vesting of Rollover Contributions. Notwithstanding any other provision of
this Plan, a Participant's Rollover Conti ibutions are fully vested at all times.
(d) Payment of Benefits. Benefits attributable to a Participant's Rollover
Contributions are payable at the same time, in the same manner, and, in the event of the Participant's
death, to the same Beneficiary as the Participant's Accrued Benefit. Such benefits are in addition to
the Plan's Accrued Benefit and are not subject to the limitation described in Section 5.9.
(e) Plan Termination. Notwithstanding any provision of Section 9.3, if the Plan
is terminated, distribution to each Participant of the portion of his or her Accrued Benefit that is
attributable to Participant contributions under Section 4.7 or Rollover Contributions under this Section
4.6 shall be treated as a priority distribution ahead of any other distribution to Participants based upon
the remainder of the Trust.
4.7 - OTHER PARTICIPANT CONTRIBUTIONS. Under limited circumstances, as
described below, other Participant contributions may be accepted by the Plan.
(a) Characterization. The contributions made pursuant to this Section 4.7 are
distinct from those made pursuant to Section 4.5 as to the character of such contributions. Whereas
Section 4.5 contributions are classified as County or other Maryland Employer contributions picked
up from the pay of Participants, contributions made pursuant to this Section 4.7 are either made
directly by the Participant or transferred directly from another Maryland Employer Retirement Plan.
Notwithstanding any provision of this Plarr to the contrary, benefits with
respect to Participants who transfer employment between Maryland governmental employers shall be
governed by Title 37 of the State Personnel and Pensions Article of the Annotated Code of Maryland.
(b) Types of Contributions.
(i) Leave of Absence Purchase of Service Credit. A Participant on a
Leave of Absence who elects to purchase service credit pursuant to Section 3.1 shall contribute to the
Plan the amount required under Section 3.1.
lfiL Dii_eet Transfer From Another Mayland Employer Plan. The Trustees
shall accept a direct transfer of after-tax Participant contributions, together with interest thereon, from
another Maryland Employer, provided such contributions were made by a Covered Employee who
elects to transfer service from another Maryland Employer Retirement Plan, as described in Section
3.3(a)(i).
(iii) Cash -Out Restoration. If, after a Termination Date: (i) a Participant
receives a Cash -Out (either voluntarily or automatically) of his or her Employee Contributions
Benefit, and (ii) the Participant again becomes a Covered Employee, Years of Service with respect to
which the distribution was received will be disregarded. Notwithstanding the preceding sentence, if
the Participant: (i) again becomes a Covered Employee, and (ii) contributes to the Plan, on or before
his or her Annuity Starting Date, the Actuarial Equivalent of that portion of the Participant's
projected benefit attributable to Years of Service with respect to which the dish ibution was received,
17
the Participant's Years of Service before as well as after the Termination Date will be taken into
account for vesting and benefit accrual purposes (subject to the applicable provisions of Article 3 and
Section 5.8).
(iv) PEP\CETA Purchase of Service Credit. A Participant who elects to
purchase credit for service performed under the federal government PEP or CETA programs, as
described in Section 3.3(a)(iii), shall contribute to the Plan the Actuarial Equivalent of his or her
projected benefit attributable to such service.
(v) Other Purchases of Service Credit. A Participant who elects to
purchase credit for service, as described in Section 3.3(a)(v), shall contribute to the Plan the Actuarial
Equivalent of his or her projected benefit attributable to such service.
(c) Procedures. All Participant contributions or transfers made pursuant to this
Section 4.7 shall be paid to the Trust.
(d) Vesting of Participant Contributions Notwithstanding any provision of this
Plan to the contrary, Participant contributions made to the Plan pursuant to this Section 4.7 are
fully vested at all times.
(e) Payment of Benefits, Subject to the right of withdrawal described in Section
4.8, benefits purchased from the Participant's contributions are payable at the same time, in the
same manner, and, in the event of the Participant's death, to the same Beneficiary as the remainder
of the Participant's Accrued Benefit.
(f) Plan Termination. Notwithstanding any provision of Section 9.3, if the Plan
is terminated, distribution to each Participant of the portion of his or her Accrued Benefit that is
attributable to Participant contributions under this Section 4.7 or Rollover Contributions under Section
4.6 shall be treated as a priority distribution ahead of any other distribution to Participants based upon
the remainder of the Trust.
4.8_ WITHDRAWAL OF EMPLOYEE CONTRIBUTION BENEFIT A Participant
who has reached a Termination Date and is credited with at least five Years of Service may elect,
at any time, to receive a Cash -Out of his or her Employee Contributions Benefit (including
contributions described in Sections 4.5 and 4.7) by filing a written notice with the Coordinator. A
Participant who has reached a Termination Date without being credited with at least five Years of
Service automatically will have a Cash -Out of his or her Employee Contributions Benefit which
will be paid as soon as administratively feasible following the Termination Date. In either case, a
Cash -Out shall constitute full payment of all benefits due to the Participant under the Plan.
A Participant who receives a Cash -Out pursuant to this Section 4.8, forfeits the
entire remaining portion of his or her Accrued Benefit. Any forfeited amount is subject to
restoration as provided in Section 4.7(b)(iii).
ARTICLE 5
RETIREMENT BENEFITS
5.1 _ NORMAL RETIREMENT BENEFITS. Subject to any limitations provided under the
Plan, each Participant who is a Covered Employee on his or her Normal Retirement Age shall be 100%
18
vested in his or her Plan benefit and shall be entitled to receive a monthly pension under this Plan,
which shall commence at the later of the Participant's Normal Retirement Date or the first day of the
month coincident with or next following the date of the Participant's actual retirement and continuing
for the life of the Participant. The amount of the monthly pension will be one -twelfth of two percent of
the Participant's Average Compensation multiplied by his or her Years of Service. For purposes of the
preceding sentence, a Participant's Years of Service greater than 50 shall be disregarded.
5.2 LATE RETIREMENT BENEFITS Subject to the requirements of Section 5.9, if a
Participant remains a Covered Employee after the Participant's Normal Retirement Date, the
Participant's retirement benefits under the Plan shall not commence until the first day of the month
coincident with or next following the Participant's Termination Date. The amount of the
Participant's monthly pension will be the amount determined as provided in Section 5.1 as if the
Participant had retired on his or her Normal Retirement Date, but adjusted by including any
additional Years of Service that accrued after the Participant's Normal Retirement Date (but only to
the extent that total Years of Service do not exceed 50) and by taking into account any increases in
Average Compensation which may be generated by increases in Compensation earned since his or
her Normal Retirement Date.
5.3 EARLY RETIREMENT BENEFITS. If a Participant shall, for any reason except
death, retire on or after his or her Early Retirement Date and before his or her Normal Retirement
Date, the Participant's retirement shall be considered as Early Retirement. Such a Participant may
elect to receive an Early Retirement benefit (payable in accordance with the provisions of Section 5.4)
which shall commence on the Participant's Normal Retirement Date or, at the election of the
Participant, may commence on the first day of any month following his or her Early Retirement Date
and on or before his or her Normal Retirement Date (such commencement date to be determined by
the Participant by notice to the Committee in accordance with the rules adopted by the Committee). If
a Participant's Early Retirement benefit commences prior to the Participant's Normal Retirement
Date, such benefit shall be the pension benefit as computed under Section 5.1, reduced by one-half of
one percent (0.50/n) for each month by which the Participant's Annuity Starting Date precedes his or
her Normal Retirement Date (determined as described in Section 1.3).
5.4 FORMS OF BENEFITS.
(a) Normal Form of Benefit. A Participant's monthly pension benefit, as
computed in Section 5.1 above, shall be paid for the Participant's lifetime. Notwithstanding the
preceding, if a Participant who elects to receive payment in the normal form of benefit payment dies
before receiving in payments the value of his or her Employee Contributions Benefit, determined at
the time of his or her Annuity Starting Date, the balance of the value of his or her Employee
Contributions Benefit shall be paid to his or her Beneficiary.
&_ Actuarial Equivalent Value Options. In lieu of receiving the monthly pension
benefit provided in Section 5.4(a) above, a Participant may elect (as provided in (c), below) to receive
his or her pension benefit payable in accordance with one of the following options, which options are
of Actuarial Equivalent Value to the benefit to which the Participant was entitled under Section 5.4(a).
The options available to a Participant are:
15 years certain;
fit Life Annuity With Period Certain. A life annuity with five, ten (10) or
19
(ii) Joint and Survivor Annuity. A joint and 5001., 66-2/3 % or 100%
survivor annuity. Notwithstanding the preceding, if a Participant who elects to receive payment in the
form of ajoint acid survivor annuity and the Participant's designated survivor dies before receiving in
payments the value of his or her Employee Conti ibutions Benefit, determined at the time of his or he] -
Annuity Starting Date, the balance of the value of the Participant's Employee Contributions Benefit
shall be paid to his or her Beneficiary;
(iii) Special Option. Subject to the approval of the Administrator, and the
requirements of applicable law, a Participant may make a written request to the Coordinator for any
other form of benefit. The determination of whether to provide a form of benefit under this Section
5.4(b)(iii) will be made by the Administrator, in its sole discretion. The Administrator's determination
is final and binding and is not subject to review.
(iv) Lump Sum Option. The lump sum option is a Cash -Out distribution
of the Participant's Employee Contributions Benefit, as described in Section 4.8, in lieu of all
other benefits under the Plan.
(v) Social Security Step -Up Option. The Social Security Step -Up Option,
is an annuity that is designed to provide the Participant with a series of payments which, when
combined with Social Security benefits received by the Participant, provides a series of
substantially equal payments over the lifetime of the Participant. For purposes of this section, it will
be assumed that the Praticiparnt will begin to receive Social Security benefits at age 62 (whether or
not the Participant actually begins to receive Social Security benefits at age 62).
(c) Election of Options. An election of an optional form of benefit under Section
5.4(b) above must be in writing (on a form provided by the Administrator) filed with the Administrator
prior to the commencement of retirement benefit payments. If no election is made, then the normal
form of benefit in Section 5.4(a), will be deemed to have been elected by the Participant. Once an
election of an optional benefit form has been made and filed with the Administrator or has been
deemed to have been made, and unless it is rescinded or changed before the commencement of benefit
payments or before the purchase of an annuity that will pay the Participant's benefits, it cannot be
rescinded or changed by the Participant.
(d) Method of Payment. All benefit distributions shall be in cash (or in annuity
contracts as provided herein). The County shall determine, in its discretion, whether the distribution
shall be funded through periodic payments made directly from the Trust, or through the purchase of
annuity contracts, or whether a combination of such methods of distribution shall be used, and the
County shall give to the Trustees such directions and information as may be necessary for the
Trustees to carry out the decision of the County. If the County determines that any part of the
distribution is to be funded through purchase of an annuity contract for a Participant, the County shall
select the form of contract (including a variable annuity) to be purchased and shall direct the Trustees
to pay the premium to the issuing company. The County shall direct that all right, title and interest in
such contract shall remain in the Trustees under the terms of the Plan and the Participant shall have no
right, title or interest therein except to receive the payments, and to change the Beneficiary from time
to time. Alternatively, the County may direct that the contract be purchased in the name of the
Participant and distributed to him or her free and clear of the Trust, in which case; (i) the contract
shall be issued so as to be nontransferable, f i) it shall not contain a death benefit in excess of the
death benefit provided in Article 7 or in this Article 5, and (iii) it shall not contain provisions that
expand upon, change or eliminate any Plan provisions applicable to distributions in annuity form.
20
5.5 PAYMENTS TO MINORS AND INCOMPETENTS. If the Administrator shall
receive evidence satisfactory to it (a) that a Participant or Beneficiary entitled to receive any benefit
under this Plan is, at the time when such benefit becomes payable, a minor, or is physically or
mentally incompetent to receive such benefit and to give a valid release therefor, (b) that another
person or an institution is then maintaining or has custody of such Participant or Beneficiary, and (c)
that no guardian, committee or other representative of the estate of such Participant or Beneficiary has
been duly appointed, the Administrator may authorize the Trustee to make payment of the benefit
otherwise payable to such Participant or Beneficiary to such other person or institution, including a
custodian under a Uniform Gifts to Minors Act or corresponding legislation (who shall be an adult, a
guardian of the minor or a trust company), and the release given by such other person or institution
shall be a valid and complete discharge for the payment of such benefit.
5.6 NON -LOCATABLE PARTICIPANTS. The Administrator shall make a reasonable
effort to locate all persons entitled to benefits under the Plan. Should the Administrator be unable to
locate any person entitled to benefits, such benefits will remain in the Fund and shall be payable to
such person at any future date that such person is located by the Administrator. Before the
Administrator can deem that a person cannot be located, the Administrator shall send a certified letter
to such person
at his or her last known address advising the person that benefit payments shall be --- Formatted: Indent: Leh: a", Space Before: 14.25 pt
suspended unless the person responds to such certified letter.
5.7 DISABILITY BENEFITS. The Plan shall pay disability benefits determined in
accordance with the following provisions:
(a) Ordinary Disability.
(i) Subject to Section 5.7(c), if a Participant who has completed at least
five Years of Service reaches a Termination Date by reason of total and permanent disability (as
defined in Section 5.7(a)(ii)), he or she shall be entitled to receive a monthly disability benefit equal
to the greater of (A) a monthly amount equal to one -twelfth of 25% of his or her Average
Compensation determined at the time his or her disability is incurred, or (B) the Participant's
Accrued Benefit at the time his or her disability is incurred.
(ii) For purposes of this Section 5.7(a), a Participant shall be considered
totally and permanently disabled if (A) the Committee determines, on the basis of a medical
examination conducted by a physician or physicians selected by the County, that he or she is totally
and permanently prevented from engaging in any occupation or employment for remuneration or
profit, and that such condition was not a result of bodily injury in the performance of duty with the
County or occupational disease incurred in the performance of duty with the County; and (B) the
Participant is eligible for disability benefits under the provisions of the federal Social Security Act as
in effect on the date the Participant otherwise becomes eligible for disability benefits under this
Section 5.7(a).
(iii) A Participant ceases to qualify for disability benefits under this Section
5.7(a) on the earliest of (A) the date the Participant is no longer eligible for disability benefits under the
provisions of the Social Security Act; (B) the date the Participant refuses to submit a report of his or her
total earnings when requested by the County if he or she subsequently engages in an occupation or
employment for remuneration or profit (other than for purposes of rehabilitation as approved by the
21
Committee); and (C) the date the Participant attains age 65 (for a Participant whose disability is
incurred on or before age 60) or the five-year anniversary of the date his or her disability benefits under
this Section 5.7 commence (for a Participant whose disability is incurred after age 60). For any
disability benefits to be paid under this Section 5.7(a) when the Participant becomes engaged in an
occupation or employment for remuneration or p ofit, the Participant shall be required to report on an
annual basis his or her total earrings from that occupation or employment and to provide the
Committee with documents satisfactory to the Committee, including his or her federal income tax
return, that will substantiate the earrings being reported.
(b) Line of Duty Disability.
(i) Subject to Section 5.7(c), if a Participant (regardless of length of
service) reaches a Termination Date by reason of total and permanent disability (as defined in Section
5.7(a)(ii)), incurred as a result of an accident or injury which has been ruled compensable under the
Maryland Workers' Compensation Act, the Participant will be entitled to receive a monthly benefit
equal to the lesser of (A) the sum of (1) one -twelfth of 66-2/3% of his or her Average Compensation
determined at the time the disability is incurred, and (2) the Actuarial Equivalent of his or her
Employee Contributions Benefit, or (B) one -twelfth of his or her Average Compensation determined
at the time the disability is incurred.
(ii) For purposes of this Section 5.7(b), a Participant will be considered
totally and permanently disabled if the Committee determines, on the basis of a medical examination
conducted by a physician or physicians selected by the County, that (A) the Participant is totally and
permanently incapacitated as the natural and proximate result of bodily injury in the performance of
his m her regular occupation with the County or occupational disease incurred in the performance of
duty with the County at some definite time or place, without willful negligence on the Covered
Employee's part; and (B) the Participant is unable to engage in his or her regular occupation with the
County as a Covered Employee or to be employed by the County in some other position for which
he or she is suited or which is appropriate given the Participant's training and experience and (C) the
Participant is eligible for disability benefits under the provisions of the federal Social Security Act as
in effect on the date he or she otherwise becomes eligible for disability benefits under this Section
5.7(b).
fit) A Participant ceases to qualify for disability benefits under this
Section 5.7(b) on the earliest of (A) the date on which the Committee determines, on the basis of a
medical examination conducted by a physician or physicians selected by the County, that the
Participant is no longer totally and permanently incapacitated for duty or has sufficiently recovered
but refuses to resume his or her regular occupation as a Covered Employee or to be reemployed by
the County in some other position for which he or she is suited or which is appropriate given the
Participant's training and experience; (B) the date on which the Participant refuses to undergo a
medical examination requested by the Committee, provided such a medical examination may not
be required more often than once a year; and (C) the date on which the Participant attains age 65
(for a Participant whose disability is incurred on or before age 60) or the five-year anniversary of
the date disability benefits under this Section 5.7(b) commence (for a Participant whose disability
is incurred after age 60).
(c) General Provisions Relating to Disability.
(i) Disability benefits shall commence on the first day of the month
coincident with or next following the later of(A) the determination of disability by the Committee,
and (B) the date the Participant has exhausted all sick leave and any accident and sickness benefits
(other than long-term disability) from other programs, exclusive of Social Security, to which the
County makes contributions.
f i) The benefits payable pursuant to this Section 5.7 shall be payable in
the Plan's normal form of benefit unless an optional form of payment has been elected pursuant to
Section 5.4.
(iii) Notwithstanding Sections 5.7(a)(ii) and 5.7(b)(ii), total and permanent
disability under this Section 5.7 shall not include any injury or disease that results from (a) the
Participant currently engaging in the illegal use of drugs or narcotics; (b) the Participant inflicting a
purposefully self-inflicted injury (while sane or insane); (c) the Participant engaging in any illegal or
criminal enterprise or activity; (d) the Participant working on the job while under the influence of
alcohol; or (e) the Participant engaging in military service (except to the extent such exclusion is
prohibited by applicable law).
(iv) Except as provided in Section 5.7(d), Years of Service shall not be
credited for periods during which the Participant received disability benefits pursuant to this
Section 5.7.
(v) Benefits with respect to a Participant who is eligible for or has
commenced receiving benefits under this Section 5.7 are payable only as provided in Article 7.
(vi) A Participant who is on a Leave of Absence is not eligible to receive
disability benefits pursuant to this Section 5.7.
(d) Change in Amount of Benefits. Notwithstanding any of the foregoing
provisions of this Section 5.7, if a Participant incurs a disability on or before age 60, as of the first day
of the month coincident with or next following his or her 65" birthday, the Participant will no longer
receive the monthly disability benefit calculated pursuant to Section 5.7, but instead shall begin
receiving a monthly benefit equal to the amount determined under Section 5.4, with (A) Years of
Service credited as if the Participant had remained in active service through his or her Normal
Retirement Date, and (B) Average Compensation based on the Participant's Average Compensation
on the date he or she incurred the disability. In no case will the Participant be permitted to change the
form of payment.
Notwithstanding any of the foregoing provisions of this Section 5.7, if a Participant incurs a
disability on or after attaining age 60, as of the first day of the month coincident with or next
following the five-year anniversary of the date his or her disability benefits pursuant to this Section
5.7 commence, the Participant will no longer receive the monthly disability benefit calculated
pursuant to Section 5.7, but instead will begin receiving a monthly benefit equal to the amount
determined under Section 5.4 with (A) Years of Service credited as if the Participant had remained in
active service through the five-year anniversary of the date disability benefits commenced, and (B)
Average Compensation based on the Participant's Average Compensation on the date he or she
incurred the disability. In no case will the Participant be permitted to change the form of payment.
5.8 MAXIMUM LIMITATION ON BENEFITS
(a) In General. To the extent the provisions of Code section 415 are applicable to
the Plan, in no event shall any benefit be payable from this Plan, nor any contribution be permitted to
this Plan, if such benefit or contribution would cause the Plan or any other plan maintained by the
23
Employer to violate the limitations of section 415 of the Code and the regulations thereunder. For
purposes of the Plan's compliance with Code Section 415, "compensation" means compensation as
defined in Treasury Regulations Section 1.415(c)-2.
(b) Additional Rules for Certain Employee Contributions. This Section 5.8(b)
applies only to the extent, if any, that any employee contributions under Section 4.7 are required to
be treated like contributions to a defined contribution plan for purposes of Code Section 415(c)
and only with respect to such contributions or other amounts that would be considered annual
additions to a contribution plan for purposes of Code Section 415(c).
Notwithstanding any other provision of this Plan, a Participant's total annual
additions under this Plan for any Plan Year shall not exceed the lesser of (a) $61-56,000 (for the Plan
Year beginning in 244-2022 (as indexed for later years) or (b) 100% of the Participant's
compensation for such Plan Year. "Annual additions" for this purpose means the sum of(i)
contributions under Section 4.7 of this Plan allocable to the Participant's Plan Account that are
determined to be subject to the Code §415(c) limit, (ii) any forfeitures allocable to the Participant's
Plan Account and (iii) amounts described in Code §§401(h) and 419A(f)(2).
If a Participant in this Plan participates in any defined contribution plan
sponsored by the Employer which is qualified under Code §401(a), his or her annual additions
under such plan shall be aggregated with his or her annual additions under this Plan, if any, and
his or her annual additions under this Plan shall be reduced, if necessary, so that the aggregate of
such annual additions does not exceed the limitations set forth in this Section.
5.9
(a) General Rule. This Section is included in the Plan to comply with Code
§401(a)(9) and the regulations thereunder. To the extent that there is any conflict between the
provisions of Code §401(a)(9) and the regulations thereunder and any other provision in the Plan,
the provisions of Code §401(a)(9) and the regulations thereunder will control.
(b) Commencement of Benefits. The distribution of benefits to a Participant who
continues employment with the County beyond the Participant's Normal Retirement Date must
commence by the first day of April of the calendar year following the later of the calendar year in which
the Participant terminates employment with the County or the calendar year in which the Participant
attains age 72 (age 701/2 for any Participant who reached age 701/2 before January 1, 2020).
Notwithstanding any provision of the Plan to the contrary, the Plan will
apply the minimum distribution requirements of Code §401(a)(9) to the extent, that they are
applicable to a governmental plan, in accordance with the Final Regulations under Code §401(a)(9)
including Treasury Regulation §1.401(a)(9)-2. Notwithstanding any other provision of the Plan to
the contrary, the Plan shall be interpreted in a manner consistent with Sections 114 and 401 of the
Setting Every Community Up for Retirement Enhancement Act of 2019 (the "SECURE Act") and
subsequent guidance issued under the SECURE Act (to the extent such guidance is applicable to a
governmental plan), and such guidance is incorporated in this Plan by reference, effective as of the
effective dates specified in Sections §§114 and 401 of the SECURE Act with respect to the Plan.
(c) Death Distribution Provisions
24
(i) Death After Distribution. If the Participant dies after distribution of his
or her interest has commenced, the remaining portion of such interest, if any, will be distributed
pursuant to the form in which the Participant's interest was being paid prior to the Participant's death.
fi) Death Before Distribution. If the Participant dies before distribution
of his or her interest commences, any benefits payable because of the Participant's death will be
distributed pursuant to the provisions of Article 7. If the Participant's spouse is not the
beneficiary, the method of distribution must satisfy the incidental death benefit requirements
specified in §401(a)(9)(G) of the Code and regulation § 1.40l(a)(9)-2.
5.10 DETERMINATION OF ACTUARIAL EQUIVALENCE. For purposes of
determining present values and lump sum amounts or any optional form of benefit or for any other
calculation of Actuarial Equivalent Value that is necessary or appropriate under the terms of the
Plan, the Plan will use the mortality table and the interest rate approved by the County
Commissioners that is in effect at the time of the calculation.
5.11 DIRECT ROLLOVERS. Notwithstanding arty other provision of the Plan to the
contrmy, any Distributee who is to receive an Eligible Rollover Distribution may elect the direct
trustee -to -trustee rollover of the distribution to an Eligible Retirement Plan. A direct rollover election
must be made pursuant to the procedures established by the Plan Administrator and must specify the
Eligible Retiement Plan to which the direct rollover is to be made. If the Distributee elects a direct
rollover as permitted hereunder, the Plan Administrator shall make the rollover as elected. For
purposes of this Section, the term "Eligible Rollover Distribution" has the meaning given such term in
Code §401 (a)(3 1)(C) and currently means any distribution of all or any portion of the balance to the
credit of the Distributee, except (i) any distribution that is one of a series of substantially equal
periodic payments (not less frequent than annual) made for the life (or life expectancy) of the
Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's
designated beneficiary, or for a specified period of 10 years or more, (H) any distribution to the extent
such distribution is required under Code §401(a)(9), and (iii) the portion of any distribution that is not
includable in gross income (determined without regard to the exclusion for net unrealized appreciation
with respect to employer securities).
For purposes of this Section, the term Eligible Retirement Plan has the meaning given
such term in Code §401 (a)(3 1)(D) and currently means (i) an individual retirement account described
in Code §408(a), (ii) an individual retirement annuity described in Code §408(b) (other than art
endowment contract), (iii) an annuity plan described in Code §403(a), (iv) a qualified trust that is a
defined contribution plan described in Code §401(a), the terms of which permit the acceptance of direct
rollovers, (v) an annuity contract described in Code §403(b), (vi) an eligible plan under Code §457(b)
which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a
state or political subdivision of a state and which agrees to separately account for amounts transferred
into such plan from this Plan, and (vif, a Roth IRA described in Code §408A, provided the
requirements of Code §408A and the Treasury regulations issued thereunder are satisfied.
For purposes of this Section, the term Distributee includes the Participant and the
Participant's surviving spouse. In addition, Distributee includes the Participant's spouse or former
spouse who is the alternate payee under a Qualified Domestic Relations Order, as defined in Code
§414(p), with respect to the payee's interest under the Plan. In addition, for distributions to
Eligible Retirement Plans described in (i) and (ii) of the preceding paragraph, Distributee also
includes the Participant's surviving non -spouse Beneficiary who is a designated beneficiary
25
within the meaning of Code §401(a)(9)(E).
5.12 MILITARY SERVICE BENEFITS. Notwithstanding any provision of this Plan to
the contrary, contributions, benefits and service credit with respect to qualified military service
will be provided in accordance with §414(u) of the Code.
5.13 IN-SERVICE RETIREMENT BENEFIT. Prior to July 1, 2019, a Participant was
eligible to elect an in-service retirement, in accordance with procedures that applied under the Plan
before that date, if he or she was eligible for Normal Retirement. This benefit is no longer available
to any Participant who did not elect the benefit before July 1, 2019. For anyone who property elected
that benefit before that date, the provisions of this Section 5.13 will continue to apply.
(a) As of the effective date of the Participant's in-service retirement, the
Administrator determined the Participant's Accrued Benefit, and commenced paying the Participant's
Accrued Benefit in the form of payment elected by the Participant as provided in Section 5.4.
(b) The in-service retirement shall be an actual retirement for all purposes under
the Plan.
(c) A Participant who is receiving in-service retirement payments may not receive
credit for Years of Service for any period of in-service retirement.
(d) A Participant's compensation during the in-service retirement period may not
be:
(i) subject to the employer pickup provisions of Section 4.5 or any
reduction as an employee contribution for pension or retirement purposes, or
(it) used to increase the Participant's Average Compensation.
(c) During the period of in-service retirement, the Participant shall:
(i) continue to receive any benefits to which he or she is entitled as an
employee of Washington County,
(ii) be subject to the personnel law, regulations and policies applicable
to an employee of Washington County, and
(iii) receive retirement benefits only to the extent provided in this Article.
(1) When aParticipant who is receiving in-service retirement payments terminates
employment, the Trustee shall continue to pay the Participant's retirement benefits in the same
amount and form elected by the Participant upon his or her in-service retirement.
(g) If a Participant who is receiving in-service retirement payments dies, the
Participant's Beneficiary will be entitled to any death benefits payable under Section 7.2 for a
Participant who dies after benefits begin.
26
ARTICLE 6
DEFERRED RETIREMENT OPTION PROGRAM
6.1 DEFINITIONS. In this Article, the following words have the meanings indicated:
this Article 6.
(a) "DROP" means the Deferred Retirement Option Program established under
(b) "DROP Participant" means a Participant in the Plan who:
(i) is eligible to participate in the DROP, as provided below, and
(it) elects to participate in the DROP, as provided below.
(c) "DROP Account" means the dollars allocated to a DROP Participant pursuant
to this Article. Such accounts will be maintained by the Trustee as entries on its books. The
Trustee is not required to set up individual accounts for each DROP Participant.
6.2 ELIGIBILITY FOR DROP. A Participant is eligible to participate in the DROP if he
or she is eligible for Early or Normal Retirement. A Participant who has participated in the DROP
6.3 DURATION OF DROP. An eligible Participant may elect to participate in the DROP
for a period not less than one year nor more than five years.
6.4 APPLICATIONS FOR DROP PARTICIPATION.
(a) An eligible Participant who elects to participate in the DROP shall complete
and submit a written election form to the Administrator, on the form provided by the
Administrator, stating:
(i) the Participant's intention to participate in the DROP and to resign
thereafter,
(ii) the period that the Participant desires to participate in the DROP
(not to be less than one year or more than five years),
(iii) the Participant's acknowledgment that his or her Accrued Benefit
will be frozen as of the first day of his or her participation in the DROP, and
(iv) any other information required by the Administrator or the Trustees
to administer the DROP.
(b) Subject to Section 5.13, a Participant's election to participate in the DROP is
irrevocable once DROP participation has begun as provided below.
6.5 DROP PARTICIPATION.
(a) A Participant's participation in DROP begins on the first day of the month
27
following acceptance by the Administrator of the Participant's election form and any other
information required by the Administrator.
(b) A DROP Participant's participation in the DROP ends on the first day of
the month coincident with or next following:
the Employer,
(i) the date that the DROP Participant separates from employment with
(ii) the date that the DROP Participant dies, or
(iii) the date that the DROP Participant specifies as the end of the DROP
period that is earlier than the date specified under Section 6.4(a)(ii), by delivering to the Administrator
written notice of the earlier end date and the intent of the DROP Participant to terminate employment
on such earlier date,
6.6 DROP BENEFIT.
(a) As of the effective date of participation in the DROP, the Administrator shall
determine the DROP Participant's Accrued Benefit.
(b) During the period that a DROP Participant participates in the DROP, the
Administrator shall direct the Trustee to:
(i) credit the DROP Participant's monthly pension benefit to the DROP
Account for the DROP Participant's benefit, and
(ii) accrue interest on the amounts calculated under subparagraph (i) for
the DROP Participant at the rate of (A) six percent per year, compounded annually, for anyone
who becomes a DROP Participant before January 1, 2020 or (B) four percent per year,
compounded annually, for anyone who becomes a DROP Participant on or after January 1, 2020.
(c) A DROP Participant may not receive credit for Years of Service during the
period that the DROP member participates in the DROP.
(d) A DROP Participant's compensation during the DROP period may not be:
(i) subject to the employer pickup provisions of Section 4.5 or any
reduction as an employee contribution for pension or retirement purposes, or
(ii) used to increase the DROP Participant's Average Compensation.
(e) During the DROP period, the DROP participant shall:
(i) continue to receive any benefits to which he or she is entitled as an
employee of Washington County,
(ii) be subject to the personnel law, regulations and policies applicable
to an employee of Washington County, and
28
(iii) receive retirement benefits only to the extent provided in this Article.
(f) Each Plan Year, the Administrator shall provide a DROP Participant with a
written accounting of the DROP Participant's balance in the DROP Account. Participant DROP
Accounts shall be maintained by the Administrator as entries on its books. No money shall
actually be paid into any DROP Account. No assets or funds shall be paid to, held in or invested
in any separate trust.
6.7 PAYMENT OF DROP ACCOUNT.
(a) At the end of the DROP period, a DROP Participant who terminates
employment may request a distribution of the DROP Account in the form of either Option (1) a lump
sum distribution of the DROP Participant's entire DROP Account balance, or Option (2) an increase
(or "bump up") to the form of benefit in which the Participant elects to receive the Participant's
remaining Accrued Benefit. For example, if the DROP Participant elects Option (2) and also elects to
receive his or her Accrued Benefit in the Plan's normal form of benefit (monthly annuity payments
for life, as described in Section 5.4(a)), the value of the Participant's monthly annuity retirement
payments would be actuarially increased ("bumped up") to reflect the value of the DROP Account. A
DROP Participant must choose either Option (1) or Option (2). The chosen option will apply to the
Participant's entire DROP Account.
If the DROP Participant elects to receive the value of the DROP Account in
the form of a lump sum, the Participant may elect to have the lump sum distribution (a) paid as a
cash distribution to the Participant of the Participant's entire DROP Account, or (b) treated as an
Eligible Rollover Distribution (if applicable) under Section 5.11 equal to the Participant's entire
DROP Account to an Eligible Retirement Plan designated by the Participant, or (c) distributed in
any combination of a cash distribution to the Participant and an Eligible Rollover Distribution to a
designated Eligible Retirement Plan, with the combined value being equal to the value of the
DROP Participant's entire DROP Account.
The amount accrued in the DROP Account will be available as soon as
practicable following the end of the DROP period, but not sooner than the first day of the month
coincident with or next following the end of the DROP period and not later than the first day of
February of the next calendar year following the year of the termination of employment. Alternatively,
he or she may elect, in a format acceptable to the Administrator, to have the amount accrued in the
DROP Account added to his or her Employee Contributions Benefit. Notwithstanding anything in the
Plan to the conh ary, no interest will accrue on the Participant's DROP Account after the first day of the
month coincident with or next following the end of the DROP period.
(b) If the DROP Participant has died, the amount in the Participant's DROP
Account will be paid to the Participant's Beneficiary or may be treated as an Eligible Rollover
Distribution (if applicable) under Section 5.11. The amount in the DROP Account will be available as
soon as practicable following the DROP Participant's death, but not sooner than the first day of the
month coincident with or next following the end of the DROP period and not later than the first day of
February of the next calendar year following the year of the termination of employment.
6.8 BENEFITS PAYABLE UPON TERMINATION OF EMPLOYMENT.
(a) If a DROP Participant terminates employment at the end of the DROP period,
29
the Trustee shall pay his or her Accrued Benefit, calculated as outlined above as of the beginning of the
DROP period, in any form permitted under the Plan.
(b) If a DROP Participant dies before the end of the DROP period, the
Participant's Beneficiary will be entitled to any death benefits payable under the terns of the Plan,
based on the Participant's Accrued Benefit, calculated as outlined above as of the beginning of the
DROP period, in any form permitted under the Plan.
ARTICLE 7
T 1 DEATH AFTER RETIREMENT BUT BEFORE BENEFITS BEGIN. Except as
provided in Section 7.3, no death benefits are payable on account of a Participant who dies after
his or her Termination Date and before the payments of his or her benefits under the Plan begin.
7.2 DEATFI AFTER BENEFITS BEGIN. The death benefits of a Participant who dies
after his or her benefits under the Plan begin are those specified, if any, under the form in which
the Participant's benefits were being paid.
7.3 PRERETIREMENT DEATH BENEFITS.
(a) General Prerethement Death Benefit If a Participant dies before his or her
Annuity Starting Date, his or her Beneficiary will be entitled to receive as a single lump sum the
benefit described in (i) plus that described in (ii).
(i) An amount equal to the Participant's Employee Contributions Benefit.
(ii) An amount equal to 50% of the Participant's Average Compensation
determined at the time of death; provided, however, that the benefit provided by this Section 7.3
will be payable only if the Participant dies before his or her Termination Date and after completing
one Year of Service.
(b) Surviving Spouse Annuity Benefit. If each of the following conditions are met,
the surviving spouse of a deceased Participant is entitled to receive a survivor annuity, in lieu of
any other Plan benefit:
(i) The Participant is married on the date of death;
(ii) The Participant's death occurs before his or her Termination Date;
(iii) The Participant has designated his or her surviving spouse as the
only primary Beneficiary;
(iv) The Participant attained age 55 and was credited with at least 15
Years of Service before his or her death or would have been eligible to receive either normal
retirement benefits pursuant to Section 5.1 or early retirement benefits pursuant to Section 5.3 if
the Participant had retired on the day before his or her death; and
(v) The Participant's spouse does not elect to receive the benefit
30
provided in Section 7.3(a).
For purposes of this Section 7.3(b), a survivor annuity is a monthly benefit
commencing in the month next following the Participant's death, and continuing for the remainder
of the spouse's life, in an amount equal to the benefit the spouse would have received under an
immediate joint and 100% survivor annuity pursuant to Section 5.4(b)(ii) if the Participant had
retired on the day before his or her death.
(c) The Beneficiary of a Participant who dies while on a Leave of Absence shall
be entitled to receive death benefits pursuant to this Section 7.3.
ARTICLE 8
TERMINATION OF EMPLOYMENT
8.1 DEFERRED PENSION BENEFITS. If a Participant reaches a Termination Date for
any reason other than the Participant's Normal Retirement, Early Retirement, disability or death, the
Participant shall be entitled to receive a deferred pension benefit commencing at the Participant's
Normal Retirement Date and equal to the greater of (i) 100% of the Participant's Employee
Contributions Benefit or (if) the vested percentage of the Participant's Accrued Benefit.
A Participant's vested percentage is determined based on Years of Service on the
Termination Date, according to the following schedule:
YEARS OF SERVICE
VESTED PERCENTAGE
Less than 5
0%
5 or more
100°/u
Notwithstanding the preceding, and subject to the provisions of
Section 4.8, (i) aParticipant who reaches a Termination Date and is credited with at least five Years of
Service may elect to receive a Cash -Out of his or her Employee Contributions Benefit, which may be
made at any time after the Termination Date; and (ii) a Participant who reaches a Termination Date
and is credited with fewer than five Years of Service will automatically receive a Cash -Out of his or
her Employee Contributions Benefit, which will be paid as soon as administratively feasible after the
Termination Date. Notwithstanding the above, any automatic Cash -Out of an amount greater than
$1,000 (excluding amounts attributable to rollover contributions) will be made as a direct rollover (as
defined in Section 5.11) to an individual retirement account described in Code §408(a) for the benefit
of the Participant, unless the Participant elects a cash distribution or a rollover or transfer to another
Eligible Retirement Plan (as defined in Section 5.11). A direct rollover pursuant to the previous
sentence will be made as soon as practicable after the Participant becomes entitled to a distribution.
For purposes of this Section, "amounts attributable to rollover contributions" means
amounts contributed to the Plan as rollover contributions within the meaning of Code sections
402(c), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii) and 457(e)(16), together with any earnings or losses
allocable to such contributions.
ARTICLE 9
AMENDMENT AND TERMINATION
9.1 EMPLOYER'S RIGHT TO AMEND. Subject to applicable labor laws, the County
31
shall have the right to amend this Plan in any and all respects at any time and from time to time,
including the right to reduce or suspend contributions; provided, however:
(a) that no amendment shall increase the duties or liabilities of the Trustee
without its consent;
(b) that no amendment shall deprive any Participant of any of the vested
accrued benefits to which he or she is entitled to under this Plan;
(c) that no amendment shall provide for the use of the Fund other than for the
benefit of Participants and Beneficiaries, except as provided in Section 9.3;
(d) that any amendment may be made retroactively; and
(e) that no amendment shall deprive any Participant of any vested interest in
his or her Accrued Benefit,
9.2 AMENDMENT PROCEDURE. An amendment made under this Article shall be
valid only if it is approved by the County Commissioners of Washington County, by amendment
to the Public Local Laws of Washington County. Notwithstanding any other provision of County
Law, no County resolution or ordinance that relates to the subject matter of the Plan will be
effective with respect to the Plan unless the County acts by ordinance to specifically amend the
relevant provisions of the Plan.
9.3 TERMINATION OF THE PLAN.
(a) The County reserves the right to terminate all or any portion of the Plan or
to terminate or limit the participation of any County in the Plan at any time.
(b) In the event of a termination or partial termination, as determined under
applicable Internal Revenue Service regulations and rulings, of the Plan, all affected Participants
on the date of the termination or partial termination, to the extent required by law, shall have a
nonforfeitable right to benefits under this Plan accrued on the date of the termination or partial
termination to the extent the same are funded as of such date. In addition, no person who is not a
Participant on the date of the termination or, if relevant, a partial termination, may become a
Participant on or after that date and no further benefits shall accrue to affected Participants after
that date.
(c) Upon termination or partial termination of the Plan as described above, the
Administrator, to the extent necessary, shall make provision for any expenses of the Plan and the
Administrator shall allocate the assets of the Fund, as appropriate. Upon such allocation of assets, the
Administrator shall have the authority to direct the liquidation and distribution of the Fund or to
continue the operation of the Plan and the Fund in accordance with their provisions as from time to
time established, including, as necessary, subsequent allocations of the Fund assets among persons
entitled to benefits under this Plan in the manner provided in Section 9A. In the event of liquidation,
distributions from the Fund on the basis of the most recent allocation of assets, as described in Section
9.4, may be made in cash or by means of annuity court acts or certificates of equivalent value.
9.4 ALLOCATION AND DISTRIBUTION. This Section shall become operative upon
32
any of the following events: (a) a complete termination of the County's liability to make further
contributions to the Trust; (b) a complete discontinuance of conk ibutions by the County to the Trust;
or (c) a complete termination of the Plan. The provisions of this Section 9.4 also shall become
operative in the event of a partial termination of the Plan, but only with respect to that portion of the
Plan attributable to the Participants to whom the termination is applicable. The effective date of any
termination or discontinuance of contributions shall be as set forth in a resolution adopted by the
County, Upon the effective date of any such event, then, notwithstanding any other provisions of the
Plan, no persons who are not Participants shall be eligible to become Participants, no further benefits
shall accrue and the Accrued Benefits of all Participants not then vested, and not previously forfeited,
shall immediately become fully vested.
The allocation and distribution of Plan assets upon Plan termination will be made
in a manner determined by the Committee to preclude individual discrimination, by the purchase
of annuities or other equitable means of distribution. Notwithstanding any provision of this Plan to
the contrary, if the balance of the Trust, as of the date of any event specified in this Section,
exceeds the amount required to fully fund the benefits accrued to that date for all Participants who
are then active, retired or disabled, the excess amount shall be returned to the County.
9.5 AUTOMATIC TERMINATION OF CONTRIBUTIONS. The liability of the County
to make contributions to the Trust shall automatically terminate upon liquidation of the County, upon
its adjudication as a bankrupt or upon the making of a general assignment for the benefit of creditors.
9.6 TERMINATION PROCEDURE. A termination or discontinuance made under this
Article shall be valid only if it is approved by the County Commissioners of Washington County,
by amendment to the Public Local Laws of Washington County,
9.7 RELEASE AND DISCHARGE OF ADMINISTRATOR. Notwithstanding the above,
in case the Plan is terminated in whole or in part, the Administrator, to the extent permitted under
applicable law, shall distribute the assets in the Fund. To the extent permitted by applicable law, when
the assets in the Fund shall have been so applied or distributed and the accounts of the Fund shall
have been so settled, the Administrator shall be released and discharged from all further
accountability or liability respecting the Plan and the Fund (or that part of the Fund so applied or
distributed if the Plan is terminated only in part) and shall not be responsible in any way for the
further disposition of the Fund (or that part of the Fund so applied or dish ibuted, if the Plan is
terminated only in part) or any part thereof so applied or distributed.
ARTICLE 10
ADMINISTRATION
10.1 ADMINISTRATION. The Administration of this Plan shall be the responsibility of
the following named fiduciaries:
(a) The Trustee with respect to the management, control and investment of the
Trust (except to the extent the Trustee is subject to the direction of the Administrator or an
investment manager) and the payment of benefits to Participants and their beneficiaries;
(b) The Administrator or other person or persons designated by the Administrator
for purposes of determining appeals with respect to denied claims for benefits; and
33
(c) The Administrator with respect to controlling and managing the administration
and operation of the Plan as hereinafter set forth. The Administrator may, through a written instrument,
designate other persons to carry out some or all of its fiduciary responsibility.
The authority of each named fiduciary in its designated area of responsibility as
aforesaid shall be exclusive, and no named fiduciary shall have either authority or responsibility to
exercise any discretion or control other thanas specifically delegated to the named fiduciary
hereunder. Any person or group of persons or entity may serve in more than one fiduciary capacity
with respect to the Plan.
ARTICLE 11
THE ADMINISTRATOR
11.1 MEMBERS. The Administrator shall be the Retirement Committee, as established
in Section 11.2.
11.2 RETIREMENT COMMITTEE. Except to the extent that the County has retained any
power or authority, or allocated duties and responsibilities to another administrator or other fiduciary,
the Retirement Committee shall have full power and authority to administer and operate the Plan in
accordance with its terms and in particular the authority contained in this Article 11, and, in acting
pursuant thereto, shall have full power and authority to deal with all persons in any matter directly
connected with the Plan, including, but not limited to, the Trustees, other fiduciaries, insurance
companies, investment advisors, other advisors and specialists, Participants, Beneficiaries and their
representatives, in accordance with the following provisions:
(a) The Committee shall consist of those individuals who hold the following
positions:
as a whole; end
(i) County Administrator or designee;
(it) Chief Financial Officer or designee;
(iii) A County Commissioner, appointed by the County Commissioners
iv Human Resources Director, as Chairman;:
(+v)(vl Retirement Coordinator or designee:
(v)vi Three representatives of the Sheriffs Department,
recommended by the Sheriff, one of whom is from `Judicial' and one of whom is from 'Patrol;
- - Commented [MOO1I: County to confirm how
elected/designated
vii Four representatives of Local 67 of the American Federation of
State, County, and Municipal Employees, elected by the union membership, and,
"(viii) One representative of Local 1605 of the International
Association of Fire Fighters. AFC-CIO.0ected by union membership) -- Commented [Mou21: county to confirm how
elected/designated
34
(b) Subject to the right to resign at any time, each member of the Committee shall
serve without compensation at the pleasure of the Comity, and the County may appoint, and may
revoke the appointment of, additional members to serve with the Committee as may be
determined to be necessary or desirable from time to time. Each member of the Committee, by
accepting his or her appointment to the Committee, shall thereby be deemed to have accepted all
of the duties and responsibilities of such appointment, and to have agreed to the faithful
performance of his or her duties thereunder.
(c) The Committee shall adopt such formal organization and method of operation
as it shall deem desirable for the conduct of its affairs. The Committee shall act as a body, and the
individual members of the Committee shall have no powers and duties as such, except as provided
herein. The Committee shall act by vote of a majority of its members at the time in office (other than
those disqualified from voting pursuant to the Committee's rules), either at a meeting or in writing
without a meeting.
(d) Except as otherwise provided in this Plan, the determination of the Committee
on any matter pertaining to the Plan within the powers and discretion granted to it shall be final
and conclusive on the County, the Trustees, all Participants and Beneficiaries and all those
persons dealing in any way or capacity with the Plan.
11.3 RETIREMENT ADVISORY COMMITTEE. There shall be a committee, to be
known as the Retirement Advisory Committee, which shall serve as a liaison between the
Retirement Committee and Covered Employees.
(a) The Retirement Advisory Committee shall consist of 10 Employees appointed
by the Board of County Commissioners.
(b) 'the members of the Retirement Advisory Committee shall be invited to
actuary and investment overviews and will meet from time -to -time to review the Plan.
(c) The Retirement Advisory Committee will present suggestions with respect to
the Plan from time -to -time to the Retirement Committee who will determine whether the
suggestions should be recommended for approval by the Board of County Commissioners,
11.4 POWERS AND RESPONSIBILITIES. The Administrator shall have the following
powers and responsibilities;
(a) Under advice of counsel, who may be counsel to the County or counsel of its
own selection, construing the Plan, and remedying any ambiguities, inconsistencies or omissions.
(b) Determining all questions relative to the eligibility of employees to be
Participants and the benefits of Participants or beneficiaries.
(c) Establishing reasonable rules for the administration of the Plan.
(d) Maintaining appropriate records relating to Participants and their beneficiaries.
(e) Communicating the funding policy to the Trustee and to any investment
manager or any Investment Committee established by the County whose duties are to determine
the investment policy of the Fund.
35
(f) Preparing and filing such reports and returns with respect to the Plan as are
required by law.
(g) Acting for the County before all persons in any matter directly related to
the Plan.
(h) Performing other duties necessary for the administration of this Plan which
appear to the Administrator to be necessary or appropriate to properly administer and operate the
Plan.
The Administrator shall discharge its duties for the exclusive purpose of providing
benefits hereunder and defraying the reasonable expenses of operating the Plan and with the skill,
prudence and diligence under the circumstances then prevailing that a prudent person acting in a
like capacity and familiar with such matters would use in the conduct of an enterprise of a like
character and with like aims.
In carrying out its duties herein, the Administrator shall have discretionary
authority to exercise all powers and to make all determinations, consistent with the terms of the
Plan, in all matters entrusted to it, and its determinations shall be given deference and shall be
final and binding on all interested parties.
11.5 CERTIFICATIONS AND INVESTIGATIONS.
(a) Whenever in the administration of the Plan a certification by the County is
required to be given to the Administrator, or if the Administrator shall deem it necessary that a matter
be proved by certification of the County prim to taking or omitting any action hereunder, such
certification shall be duly made, and the matter shall be deemed proved, by an instrument delivered to
the Administrator, signed in the name of the County by its duly authorized representative. The
Administrator shall be empowered to act, and shall be protected in acting, upon such instrument.
Further, the Administrator shall be empowered to act, and shall be protected in acting, upon any
notice, resolution, order, offer, telegram, letter or other document believed by the Administrator to be
genuine and to have been signed by the proper party or parties.
(b) The Administrator shall not be required to make any investigation to
determine the identity or mailing address of any person entitled to benefits under this Plan and
shall be entitled to withhold the payment of benefits until the identity and mailing addresses of
persons entitled to benefits are certified to it by the County or by such person.
11.6 CLAIMS PROCEDURE. Any person claiming a benefit under the Plan (a "ClaimanP')
shall present the claim, in writing, to the Administrator, and the Administrator shall respond in
writing. If the claim is denied, the written notice of denial shall state, in a manner calculated to be
understood by the Claimant:
(a) The specific reason or reasons for denial, with specific references to the
Plan provisions on which the denial is based;
(b) A description of any additional material or information necessary for the
Claimant to perfect his or her claim and an explanation of why such material or information is
necessary; and
36
(c) An explanation of the Plan's claims review procedure.
The written notice denying or granting the Claimant's claim shall be provided to the
Claimant within 90 days after the Administrator's receipt of the claim, unless special circumstances
require an extension of time for processing the claim. If such an extension is required, written notice of
the extension shall be furnished by the Administrator to the Claimant within the initial 90 day period
and in no event shall such an extension exceed a period of 90 days from the end of the initial 90 day
period. Any extension notice shall indicate the special circumstances requiring the extension and the
date on which the Administrator expects to render a decision on the claim. Any claim not granted
or denied within the period noted above shall be deemed to have been denied.
Any Claimant whose claim is denied, or deemed to be denied under the preceding
sentence, (or such Claimant's authorized representative) may, within 60 days after the Claimant's
receipt of notice of the denial, or after the date of the deemed denial, request a review of the denial
by notice given, in writing, to the Administrator. Upon such a request for review, the claim shall be
reviewed by the County Commissioners (or a designated representative) which may, but shall not be
required to, grant the Claimant a hearing. In connection with the review, the Claimant may have
representation, may examine pertinent documents, and may submit issues and comments in writing.
The decision on review normally shall be made within 60 days of the Administrator's
receipt of the request for review. If an extension of time is required due to special circumstances, the
Claimant shall be notified, in writing, by the Administrator, and the time limit for the decision on
review shall be extended to 120 days. The decision on review shall be in writing and shall state, in a
manner calculated to be understood by the Claimant, the specific reasons for the decision and shall
include references to the relevant Plan provisions on which the decision is based. The written decision
on review shall be given to the Claimant within the 60 day (or, if applicable, the 120 day) time limit
discussed above. If the decision on review is not communicated to the Claimant within the 60 day (or,
if applicable, the 120 day) period discussed above, the claim shall be deemed to have been denied upon
review. All decisions on review shall be final and binding with respect to all concerned parties.
11.7 ADVICE, The Administrator may secure specialized advice or assistance as it
deems necessary or desirable in connection with the administration and operation of the Plan and
shall be entitled to rely conclusively upon, and shall be fully protected in any action or omission
taken by it in good faith reliance upon, any advice or opinion so obtained.
11.8 LIABILITY; INDEMNIFICATION. No member of the Administrator shall incur any
liability: (i) by virtue of any contract, agreement, bond or other instrument made or executed by the
member or on the member's behalf as a member of the Administrator, (ii) for any act or Failure to
act, or any mistake or judgment made by the member, with respect to the business of the Plan, unless
resulting from the member's gross negligence or willful misconduct, or (iii) for the neglect, omission
or wrongdoing of any other member of the Administrator or of any person employed or retained by
the Administrator. The County shall indemnify and hold harmless each member of the Administrator
from the effects and consequences of the member's acts, omissions and conduct with respect to the
Plan, except to the extent that such effects and consequences shall result from the member's own
willful misconduct or gross negligence. The foregoing right to indemnification shall be in addition to
such other rights as the Administrator may enjoy as a matter of law or by reason of insurance
coverage of any kind. Rights granted hereunder shall be in addition to and not in lieu of any rights to
indemnification to which the Administrator maybe entitled pursuant to the by-laws of the County,
and, if the Administrator is a Covered Employee, service as the Administrator shall be deemed in
37
partial fulfillment of the member's employment function. In all computations, the Administrator shall
be entitled to rely fully upon data furnished by the County and upon information furnished it by or on
behalf of an employee or employees.
11.9 INSURANCE. The Plan may purchase, as an expense of the Plan, liability insurance
for the Plan and/or for its fiduciaries to cover liability or losses occurring by reason of an act or
omission by a fiduciary. In addition, any fiduciary may purchase, from and for the fiduciary's own
account, insurance to protect the fiduciary in the event of a breach of fiduciary duty, and the County
may also purchase insurance to cover the potential liability of one or more persons who serve in a
fiduciary capacity with regard to the Plan.
11.10 BONDING, The Administrator shall arrange for such bonding, if any, as is required
by law. Bonding in excess of the amount required by law shall not be considered required, but
shall be permitted, by this Plan. The costs for such bonding shall be paid by the County or, if the
County elects, from the Trust.
11.11 COMPENSATION. The Administrator shall serve without compensation, but all
expenses of the Administrator incurred in the performance of duties hereunder shall be proper
charges to the Trust and shall be paid therefrom unless the County, in its discretion, chooses to
pay such expenses.
11.12 PLAN RECORDS. The Administrator, or the Secretary of the Administrator shall
keep or cause to be kept records reflecting administration of the Plan, which records shall be
subject to audit by the County. A Participant may examine only those records pertaining directly
to the Participant.
11.13 INSTRUCTIONS TO TRUSTEES. The Administrator shall provide appropriate
written instructions to the Trustee signed by an authorized member or members of the Administrator
to enable it to make the distributions provided for in the Plan. The Trustee shall be entitled to rely
upon any written notice, instruction, direction, certificate or other communication reasonably
believed by it to be genuine and to be signed by an authorized member of the Administrator or an
officer of the County, and the Trustee shall be under no duty to make investigation or inquiry as to
the truth or accuracy of any statement contained therein, unless it knows that the direction or
instruction constitutes a breach of the Administrator's or the County's fiduciary responsibility with
respect to the Plan.
11.14 INVESTMENT MANAGERS. The County's power to retain the services of an
investment manager for the management of (including the power to acquire and dispose oi) all or any
part of the Fund's assets, shall be limited to the retention of such persons or firms that me registered as
investment managers under the Investment Advisers Act of 1940, as Banks (as defined in that Act), or
which are insurance companies qualified to manage, acquire or dispose of the Fund's assets under the
laws of more than one state, arrd provided that each of such persons or firms has acknowledged to the
Administrator and the Trustee in writing that he or she is a fiduciary with respect to the Plan. In such
event, the Trustee shall not be liable for the acts or omissions of such investment manager or
managers, nor shall it be under any obligation to invest or otherwise manage any assets which are
subject to the management of such investment manager or managers.
38
ARTICLE 12
MISCELLANEOUS
12.1 NO RIGHT TO EMPLOYMENT. Participation in this Plan shall not give any
person the right to be retained in the employ of the County, or any right or interest in this Plan
other than as herein provided.
12.2 HEADINGS. The headings and sub -headings in this instrument are inserted for
convenience of reference only and are not to be considered in construing the provisions hereof.
12.3 COUNTERPARTS. This instrument maybe executed in any number of
counterparts, each of which shall be deemed an original, and said counterparts shall constitute but
one and the same instrument, which may be sufficiently evidenced by any one counterpart.
12.4 GOVERNING LAW. Except to the extent preempted by applicable Federal law,
this Plan shall be construed, administered and governed in all respects under and by the laws of
the State of Maryland.
12.5 UNIFORM TREATMENT. This Plan shall be administered and construed in a
uniform and non-discriminatory manner, treating similarly situated Participants alike.
12.6 RULES AND REGULATIONS. By becoming a Participant, every Participant shall
thereby be deemed to have agreed to abide by the rules and regulations of the Administrator made
in accordance with this Plan, and to sign all papers necessary for the compliance therewith.
12.7 LOCATION OF PARTICIPANT OR BENEFICIARY UNKNOWN. In the event that
all, or any portion, of the distribution payable to a Participant or a Beneficiary shall remain unpaid
solely because the Administrator cannot ascertain the whereabouts of the Participant or Beneficiary,
after sending a registered letter, return receipt requested, to the last known address, and after further
diligent effort, the amount so distributable shall be treated as a forfeiture and used to reduce the
contribution for that Plan Year. However, the dollar amount, unadjusted for gains or losses in the
interim, shall be reinstated if a claim for the benefit is made by the Participant or Beneficiary to whom
it was payable. If a benefit payable to an unlocated Participant or Beneficiary is subject to escheat
pursuant to applicable state law, neither the Trustee nor the County shall be liable to any person for
any payment made in accordance with such law.
12.8 NO ASSIGNMENT OF BENEFITS. Except as expressly provided herein, no benefits
under the Plan may be assigned or alienated, and the Trustee shall pay all amounts payable
hereunder, and shall distribute all assets distributable hereunder, to any person, into the hands of such
person and not unto any other person or corporation whatsoever, whether claiming by his or her
authority or otherwise; car may said payments be anticipated. Except as expressly provided herein,
the interest of any Participant hereunder may not be assigned or encumbered, nor shall it be subject
to attachment or otherjudicial process. However, deposit to the credit of the account of any person in
a bank or trust company designated by such person in writing shall be deemed to be the equivalent of
payment into the hands of such person. Notwithstanding the foregoing, amounts held for the benefit
of a Participant may be paid in accordance with a "qualified domestic relations order" as defined in
Code §414(p) (or a domestic relations order entered before January 1, 1985 which, in the judgment
of the Administrator, is entitled to be treated as a qualified domestic relations order), so long as the
payment complies with Code §414(p), Notwithstanding the foregoing, amounts held for the benefit
39
of a Participant may be paid in accordance with a domestic relations order, if required under
applicable law. Notwithstanding the foregoing, a Participant's benefits under the Plan may be offset
if the offset is permitted under applicable law.
12.9 EXCLUSIVE BENEFIT. The Trust Fund shall be held by the Trustee for the
exclusive purpose of providing benefits to Participants and their beneficiaries and defraying
reasonable expenses of administering the Plan. No part of the Trust shall ever inure to the benefit of
the County prior to the satisfaction of all liabilities to all Participants and their beneficiarics, except
that:
(a) Any contribution made to the Trust Fund by the County which is attributable
to a mistake of fact may be returned to the County within one year after such contribution was made;
(b) All contributions shall be conditioned on the initial qualification of the Plan
under Code §401, and if the Plan does not qualify, then such contributions may be returned to the
County within one year after the date of denial of qualification of the Plan.
(c) If a return of contributions pursuant to the foregoing is due to a good faith
mistake of fact or a good faith mistake in determining the deductibility of the contribution:
(i) The amount which may be returned to the County is the excess of the
amount contributed over the amount that would have been contributed had there not occurred a
mistake of fact or a mistake in determining the deduction; and
(ii) Earnings attributable to such excess contribution may not be
withdrawn, but losses attributable thereto must reduce the amount to be returned.
(it) In the case of the termination of the Plan, any residual assets of the Plan shall
be distributed to the County at the direction of the Administrator if all liabilities of the Plan to
Participants and their Beneficiaries have been satisfied and the distribution does not contravene
any provision of law.
12.10 STATUTE OF LIMITATIONS. No legal action may be commenced or maintained
to recover benefits under this Plan more than 12 months after the final review/appeal decision by
the Plan Administrator has been rendered (or deemed rendered).
IN WITNESS WHEREOF, as evidence of its adoption of this Plan, the County
has caused this Plan to be executed, and, if a separate Trust agreement is not entered into between
the County and the Trustee, the Trustee has joined herein to evidence its acceptance of the
provisions of the Plan applicable to the Trustee, generally effective July 1, 24"2022.
WASHINGTON COUNTY, MARYLAND
Title:
Print Name:
40
EXHIBFr 1
EMPLOYEES' RETIREMENT PLAN OF WASHINGTON COUNTY
The following Non -Uniformed Participants Hired Prim to July I, 2013 sball contribute at 5.5% of
his or her Per -Pay Compensation:
Alidoosti, Sherry S
Ambrose, Pamela S
Anders, Donna K
Ankeney, Tanya L.
Bair, Rodney A
Barnhart, Dee A
Bishop Sr, Rocky L
Bininger, Sunni
Blubaugh, David W
Bockstanz, Wayne K.
Boden, Lucinda A
Bowers, Alicia B
Bowers, Kim L
Bowers, Rodney L
Braniff, Karie A.
Brown, Scott E.
Buchanan, Susan M
Buell, Joanne R
Bussard, Dwayne S
Calandrelle, Jamie L
Camuti-Carranza, Elizabeth A
Cemone, Kevin D
Cirineion, Regina M
Cline, Jeffrey A.
Coccodrilli Jr, Ronald R
Collins, Lucinda L
Culler, Garrett E.
Culler, Vicki L.
Crory, Richard F
Deal, Curtis W.
Defies Jr, Leon M.
Decker, Jeffrey L
Derr, Ricky W
Dick, Michael E.
Dick, Shelly I
Divelbiss, John D
DiVito, Daniel F
Dorsey, Timothy H
Ebersole, David W
Eckard, Debra S
Eichelberger, Richard W
Elwood, Wade A.
Embly, Dennis W
Enderlin, Lisa D
Eshleman, Andrew E.
Estick, Angela M.
Faith, Donald L
Faith, Kimberly D
Farmer, Catherine I
Feiser, Terrance L
Flores, Michelle D
Foreman, Christine D
Franks, Jamie L.
Gander, Rebekah S.
Gaver, Richard 1.
Gist, Harold M
Godlove 11, Larry E
Golden, Terry L
Goodrich, Stephen T
Grabill, David L
Graham, George D
Greene, Todd E
Grim, Darin L
Grimmer, Misti Sue
Gross Jr, David L.
Gudmundson, John E
Hansen, Michele F
Harbaugh, Carmen A.
Harbaugh, Shawn M.
Hart, Leslie D
Heil, Alicia A
Helmer, Mary H
Hemphill, Kevin C.
Hershman, Robert A
Hill, Terry L.
Nixon, Daniel E
Hoffman, R Todd
Hoopengardner, Benjamin E.
Hoopengardner, Robert E
Hoover, Paul S.
Hettinger, Paul A.
Hyatt, Michael A.
lines, Albert C.
Ingram, Stephen L.
Jamison, Patricia J.
Jamison, Warren R
Jernigan, Sean E
Johns, Christine E
Johnson, Lisa J
Jones, Daniel P
Jones, Gregory L
Jones, Patricia M
41
Kelly, Lisa A.
Kellner, Bonnie L
Kidwell, Michael A
Kimble, Christopher
D. Levey, Barry J.
Levine, Douglas L
Lewis, Kevin L.
Manlove, Kimberly A.
Mann, Mark W.
Marks, Sherry M
McCammon, Tracy L.
McCormack,
Christopher J Mellott,
Jennifer L. Melville,
Laura K Michael,
Joseph S Miller, Cody
L. Mills, Shirley L
Moats, Janet K
Molina, Branch N.
Mollett-Gaumer, Sarah
M Morris, Stanley N
Mowery, Samuel 1,
Mummert, Mark
Myers, Angela M.
Myers, Brian E
Naugle, Branch J
Nelson, Mary A
Nelson, Michael W
Overcash, Stephanie L.
Palmer II, Raymond D
Palmer, Steven G
Parker Jr, Edward L
Pemnesi, John J
Peresohuk Sr, Earle R
Pfeiffer, Laurie D.
Phillips 111, John W
Plante, Russell A.
Plummer, James P.
Poland IV, Bonn A.
Powell, Eric B
Quillen Jr, Frank
Ramos-Izquierdo, Ramiro
J Rathvon, Joseph M.
Reedy, William
Reynard Jr, Jackie L
Richards, Edward M
Ritter, Jill M
Rohm, Karen S
Routzahn Jr, William
A Royce Jr, Warren E
Rozes, Arthur S
Rupp, Michelle E
Ryan, Patricia A
Saville, Merle L.
Schlotterbeck, Kathy
S Shank, Darrell L.
Shank, Vinson V
Sheeley, Chester C
Shifler, Alex M.
Shives, Jason E.
Showe, Kenneth L.
Sipes, Calvin R.
Smith Sr, Thomas M.
Smith, Kenneth L.
Smith, Michelle L.
Smith, Robert J.
Smith, Teresa M
Smith, Terry L.
Snyder, Rodney E
Socks, David W
Spade, Heather A.
Spence, Linda A
Spickler, Greg E.
Spradlin, Homer A
Sprecher, Michael L
Sprecher, Robert R.
Spring, Jessica L
Stockslager, Herman
E Stouffer, Terry W
Stransky, Mark E
Stratton, Darlene K
Strock III, Harry E
Strong Jr, Charles P
Sutton, Joe L
Swauger Jr, John W.
Thomas, Jessica M.
Thomas, Tina M.
Thompson, Lockie J
Triggs, Monte H.
Wachter, Lucinda D
Ward, Jerry L
Whitacre, Jeffrey L
White III, Thornton F
Whitman, John B
Whitt, Ronald N
Whittington Jr, Robert
L Wilhide, Pamela S
Wolfe Jr, Emanuel E
Woods, Bardona J
Worden, John A.
Wright, Brenda K
Wyand, Andrea C
Yetter, Mark
Young, Richard A.
Younker, Samuel L
Yutzy, Davina E
42
EXHIBIT 2
EMPLOYEES' RETIREMENT PLAN OF WASHINGTON COUNTY
All Non -Uniformed Participants Hired Prior to July 1, 2013 and not identified on Exhibit 1 shall
contribute at 6.0%of his or her Per -Pay Compensation.
43
EXHIBIT 3
EMPLOYEES' RETIREMENT PLAN OF WASHINGTON COUNTY
For purposes of determining Months of Service to be credited for a Participant based on unused sick
leave pursuant to Section 3.2(e), effective July 1, 2019 and until this Exhibit 3 is replaced by a revised
Exhibit, the following hours requirements apply for the specified employment categories:
Employment Category
Annual Hours of Service
Monthly Hours of Service
Equivalent '.
Solid Waste Employees
2,496
208
911 Employees
2,184
182
Fire and EMS Employees on a
24/48 Schedule
2,g96
208
All Other Employees
2,080
173.33
As indicated in Section 3.2(e), this Exhibit is subject to change from time to time based on the
County's employment practices, without the need for an Amendment to the Plan.
44
Open Session Item
SUBJECT: Courie Doon Farm LLC Rural Legacy Program (RLP) Easement
PRESENTATION DATE:
PRESENTATION BY: Chris Boggs, Rural Preservation Administrator, Dept. of Planning & Zoning
RECOMMENDED MOTION: Move to approve the Courie Doon Farm LLC RLP Easement project, in the
amount of $0.00 for 4.03 easement acres, donated by the landowner, and to adopt an ordinance approving the
easement and to authorize the execution of the necessary documentation to finalize the easement purchase.
REPORT-IN-BRIEF: The Courie Doon Farm LLC property is located on Locust Grove Road, Rohrersville,
and the easement will serve to permanently preserve a valuable agricultural and scenic property in the County.
The parcel contains mostly ag ground. It lies in a part of Washington County that was heavily trafficked during
the Civil War, Battle of Antietam, and Battle of South Mountain. The property is contiguous to several sites on
the Maryland Inventory of Historic Places.
The parcel adds on to a block of thousands of acres of contiguous preserved farmland around Rohrersville.
Though the parcel is only 4.03 acres, the landowner will retain the right to build a house on the parcel, but a
Rural Legacy easement on this property will serve to fill a noticeable hole in a larger easement surrounding the
property.
DISCUSSION: Since 1998, Washington County has been awarded more than $27 million to purchase Rural
Legacy easements on more than 8,400 acres near Antietam Battlefield in the Rural Legacy Area. RLP is a sister
program to the Maryland Agricultural Land Preservation Program (MALPP) and includes the protection of
environmental and historic features in addition to agricultural parameters. RLP uses an easement valuation
system (points) to establish easement value rather than appraisals used by MALPP. For FY 2023, Washington
County was awarded RLP grants totaling $1,550,000. The Courie Doon Farm LLC RLP Easement will use part
those funds, specifically to pay for incidental, administrative and compliance costs, based on the easement value
if it were not being donated. Easement applicants were previously ranked based on four main categories: the
number of development rights available, the quality of the land/land management (agricultural component),
natural resources (environmental), and the historic value.
FISCAL IMPACT: RLP funds are 100% State dollars, mainly from DNR Open Space funds. In addition to
the easement funds, we receive up to 3% of the easement value for administrative costs, a mandatory 1.5% for
compliance/monitoring costs, and funds to cover all of our legal/settlement costs.
CONCURRENCES: Both the State RLP Board and the State Department of Natural Resources (DNR) staff
have approved and support our program. A final money allocation will be approved by the State Board of Public
Works.
ALTERNATIVES: The Board of County Commissioners may deny the easement ascquisition.
ATTACHMENTS: Aerial Map, Location Map, Ordinance
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Fn CountyCourier - Location Map
I
Courier - 4.03 +/-
N/S Locust Grove Road
Rorhersville, MD 21779
Roads
- Courier Property
Preserved Lands or Districts
Q Rural Villages
Agricultural Districts
Forest Easements
CREP Easements
Ag Pres
Parks
Preserved Lands
Municipal Boundaries
Q County Boundary
—ING I: This map was created fot IV --purposes only. It should not be staled of copied. Sources of he data t<nt<ined hereon are from various p.bftagmti<s whith may h<v--,ftt— end distleim<n.
Created By: Department of planning and Zoning GIS
g'
Washington County
0
0
4 -f 9
It'll,
Ljw
ORDINANCE NO. ORD-2023-___
AN ORDINANCE TO APPROVE THE PURCHASE OF A CONSERVATION
EASEMENT UNDER THE MARYLAND RURAL LEGACY PROGRAM
(Re: Courie Doon Farm, LLC RLP Conservation Easement)
RECITALS
1. The Maryland Rural Legacy Program ("RLP") provides the funding necessary to
protect large, contiguous tracts of land and other strategic areas from sprawl development and
to enhance natural resource, agricultural, forestry, and environmental protection through
cooperative efforts among State and local governments.
2. Protection is provided through the acquisition of easements and fee estates from
willing landowners and the supporting activities of Rural Legacy Sponsors and local
governments.
3. For FY 2023, Washington County (the "County") was awarded a RLP grant totaling
$1,550,000.00 (the "RLP Funds").
4. Courie Doon Farm, LLC (the "Property Owner"), is the fee simple owner of real
property consisting of 4.03 acres, more or less (the "Property"), in Washington County, Maryland.
The Property is more particularly described on Exhibit A attached hereto.
5. The Property Owner has agreed to donate to the County a Deed of Conservation
Easement on the Property (the “Courie Doon Farm, LLC RLP Conservation Easement”).
THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Washington
County, Maryland, that the acceptance of a donated conservation easement on the Property be
approved and that the President of the Board and the County Attorney be and are hereby
authorized and directed to execute and attest, respectively, all such documents for and on behalf
of the County relating to the acquisition of the Courie Doon Farm, LLC RLP Conservation
Easement.
ADOPTED this ____ day of May, 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF WASHINGTON COUNTY, MARYLAND
_______________________________ BY:
Kirk C. Downey, County Attorney John F. Barr, President
Approved as to legal sufficiency:
Mail to:
_____________________________ Office of the County Attorney
Zachary J. Kieffer 100 W. Washington Street, Suite 1101
Assistant County Attorney Hagerstown, MD 21740
EXHIBIT A – DESCRIPTION OF PROPERTY
ALL that tract, lot, or parcel of land, and all the rights, ways, privileges, and
appurtenances thereunto belonging or in anywise appertaining, situate East of Maryland Route
67 (Rohrersville Road) and North of Locust Grove Road in Election District No. 8, Washington
County, Maryland, and being more particularly described as follows:
BEGINNING at a rebar and cap found at the Northwest corner of Parcel No. 2 as described
in a Deed [from] Dorothy A. Moser and Donald C. Mason, Sr., Personal Representatives of the
Estate of Martha R. Snyder, to Theodore Lapkoff and Sharon Lapkoff, dated September 20, 1999,
and recorded in Liber 1537, folio 898 among the Land Records of Washington County, Maryland,
said point being South 71 degrees 35 minutes 11 seconds East 715.60 feet from the Southeast
corner of the Remaining Lands of Parcel 2 as shown on a Plat entitled “Preliminary/Final Plat of
Subdivision of Lot 1 and Simplified Subdivision of Parcels A and B for Antietam Farms, LLC”
recorded at Plat Folios 11093 and 11094 among the Plat Records of Washington County,
Maryland, thence with the Northern boundary of the aforesaid Parcel No. 2 (Liber 1537, folio 898)
South 70 degrees 39 minutes 10 seconds East 302.94 feet to a rebar found at the Northeast corner
of the aforesaid Parcel No. 2 (Liber 1537, folio 898); thence with the Eastern boundary of the
aforesaid Parcel No. 2 (Liber 1537, folio 898) South 32 degrees 03 minutes 50 seconds West 594.00
feet to the Southeast corner of the aforesaid Parcel No. 2 (Liber 1537, folio 898); thence with the
Southern boundary of the aforesaid Parcel No. 2 (Liber 1537, folio 898) North 70 degrees 39
minutes 10 seconds West 302.94 feet to the Southwest corner of the aforesaid Parcel No. 2 (Liber
1537, folio 898); thence with the Western boundary of the aforesaid Parcel No. 2 (Liber 1537, folio
898) North 32 degrees 30 minutes 50 seconds East 594.00 feet to the point of beginning; containing
175,532 square feet or 4.02967 acres of land, more or less.
THE street address of the herein described property is currently known and designated
as 0 (no street number assigned), Locust Grove Road, Rohrersville, Maryland, and is further
identified as tax account no. 08-014612.
BEING all of the same property which was conveyed from Theodore Lapkoff and Sharon
Lapkoff to Courie Doon Farm, LLC [a Maryland limited liability company] by Deed dated
January 20, 2022, and recorded in Liber/Book 6937, folio/page 198 among the Land Records of
Washington County, Maryland.
Open Session Item
SUBJECT: Conversion of American Rescue Plan Act (ARPA) Community Investment Grant
Program
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Linda Spence, Business Specialist; and Jonathan Horowitz, Director,
Department of Business Development; and Allison Hartshorn, ARPA Grant Manager, Office of
Grant Management
RECOMMENDED MOTION: Motion to approve the Small Business Impact Grant program,
supporting local small businesses that provide critical services, products, and employment
opportunities for residents.
REPORT-IN-BRIEF: Washington County received $29.4 million of American Rescue Plan
(ARPA) Funds from the U.S. Department of the Treasury. On January 25, 2022, the Board of
County Commissioners approved the allocation of this funding. Of the $29.4 million, $5,000,000
was set aside to the Department of Business Development for a Community Investment Grant
Program. After the Final Rule, this program proved too restrictive. The Washington County
Department of Business Development, therefore, is seeking approval to implement a Small
Business Impact Grant program to replace it.
DISCUSSION: The Small Business Impact Grant program will assist up to 200 businesses that
have continued to be impacted by the COVID-19 public health emergency and its negative impact
upon our community. Grants of up to $25,000 each will be provided. This grant will support
eligible businesses that are independent, locally owned, and controlled. Additional eligibility
requirements include less than 50 employees, provide written narrative of need, demonstrate
operational expenses or purchases, and fall within one of the industry sectors listed, e.g.,
agriculture, agri-business, farm, brewery, distillery, vineyard, construction, convenience store,
hospitality, manufacturing, professional services, retail, restaurant, transportation/logistics, or
wholesale trade. Under this program, businesses that experienced or continues to experience
decreased revenue(s) or gross receipts, financial insecurity, increase in the cost of doing business,
a decrease in the ability to weather financial hardship, and challenges in covering operating costs
such as payroll, rent or mortgage, and other operating costs may be eligible for funding. This grant
program will open on June 5, 2023, at 8:00 a.m. EST and close on June 16, 2023, at 4:00 p.m.
EST. Following a review period, we anticipate awards to go out the first week of July 2023.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
FISCAL IMPACT: $5,000,000 of ARPA funding for Small Business Impact Grant.
CONCURRENCES: n/a
ALTERNATIVES: Deny the Small Business Impact Grant Program.
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Bid Award (PUR-1602) Grinder Pumps for Department of Water Quality (DWQ)
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing; Mark Bradshaw, P.E.,
Division Director, Environmental Management
RECOMMENDED MOTION: Move to award the procurement of ninety (90) Liberty Grinder
Pumps from BT Plumbing Supply, Inc of Finksburg, MD for a total cost as follows:
Model Unit Price Extended Price
LSG202-RE E/One Pump $2,386.84 $35,802.60
LSG202M Omnivore Grinder $1,320.52 $26,410.40
FL102M-2 Effluent Pump $753.15 $11,297.25
FL52M Effluent Pump $551.57 $11,031.40
SXH24=3Simplex Control Panel $476.31 $9,526.20
$90,067.85 Total
REPORT-IN-BRIEF: The Invitation to Bid (ITB) was advertised on the State of Maryland’s
“eMaryland Marketplace Advantage” website and on the County’s website; and in the local
newspaper. Seven companies were represented at the pre-bid/teleconference. Thirty-four (34)
persons/companies registered/downloaded the bid document on-line.
The Purchasing Department received a request from DWQ regarding the procurement of grinder
pumps. This procurement is to replenish the inventory on these pumps to satisfy contractors
requests for installation. Previously the County installed E-One grinder pumps to serve the resident
of Washington County. E-One no longer offers rebuild kits for our model of pump, thus requiring
us to replace the aging E-One pumps. Liberty manufactures a retro-fit system that can be installed
into the existing E-One tank without any modification. Whether it is a residential, commercial or
industrial application, Liberty provides a wide applicability of retrofit pump packages.
FISCAL IMPACT: Funds are budgeted in CIP account EQP055 for the costs of the procurement.
CONCURRENCES: N/A
ALTERNATIVES: N/A
ATTACHMENTS: Bid Tabulation Matrix
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
PUR-1602
Grinder Pumps
Item
No. Item Description Unit of
Measure Qty Unit Price Total Price Unit Price Total Price
1
Liberty Model LSG202-RE E/ONE
Grinder 2 HP, 208/230V, 1 PH
60HZ 3450 RPM Retro-Fit System
Ea.15 No Bid No Bid $2,386.84 $35,802.60
2 2 HP, 208/230V, 1PH 60HZ
3450RPM 1-¼ in. Discharge, Ea.20 No Bid No Bid $1,320.52 $26,410.40
3 1PH, 208-230V, 25' CORD, 1.5"/2"
Dual Sized Discharge,
9 AMPS.
Ea.15 No Bid No Bid $753.15 $11,297.25
4 Liberty FL52M Effluent Pump ½ HP,
208-230V, 1PH Ea.20 No Bid No Bid $551.57 $11,031.40
5
Liberty SXH24=3 Simplex Control
Panel, 15-20 FLA, NEMA 4X,
120/208/240, 1 PH, 3 Float, 20' Cords
Ea.20 No Bid No Bid $476.31 $9,526.20
BT Plumbing Supply, Inc.
Finksburg, MD
No Bid 94,067.85
Aquaflow Pump & Supply
Hagerstown, MD
TOTAL LUMP SUM (Item Nos. 1 thru 5 above)
* Corrected calculations based on unit pricing
Remarks / Exceptions:
1 Bids Opened: 3/08/23
PUR-1602
Grinder Pumps
Item
No. Item Description Unit of
Measure Qty Unit Price Total Price Unit Price Total Price
1
Liberty Model LSG202-RE E/ONE
Grinder 2 HP, 208/230V, 1 PH 60HZ
3450 RPM Retro-Fit System
Ea.15 $3,149.31 $47,239.65 $3,100.00 $46,500.00
2
Liberty LSG202M Omnivore Grinder
2 HP, 208/230V, 1PH 60HZ
3450RPM 1-¼ in. Discharge, 15
AMPS
Ea.20 $1,742.37 $34,847.40 $1,700.00 $34,000.00
3 1PH, 208-230V, 25' CORD, 1.5"/2"
Dual Sized Discharge, 9 Amps.
Ea.15 $993.75 $14,906.25 $960.00 $14,400.00
4 Liberty FL52M Effluent Pump ½HP,
208-230V, 1PH Ea.20 $727.78 $14,555.60 $700.00 $14,000.00
5
Liberty SXH24=3 Simplex Control
Panel, 15-20 FLA, NEMA 4X,
120/208/240, 1 PH, 3 Float, 20' Cords
Ea.20 $628.48 $12,569.60 $600.00 $12,000.00
*
Ferguson Enterprises LLC dba
Pollardwater
Newport News, VA
Technology International, Inc.
Lake Mary, FL
TOTAL LUMP SUM (Item Nos. 1 thru 5 above)$124,118.50 $120,000.00
2 Bids Opened: 3/08/23
PUR-1602
Grinder Pumps
Remarks / Exceptions:
Estimated delivery is 16 weeks after receipt of order and approved submittal.
-
: Manufacturer's standard warranty applies.
: Quoted price is not available on a line item basis. This is an offer for a lump sum contract.
Customer to provide equipment and personnel to unload
Please note, due to Covid-19 there may be unanticipated disruptions and delays in the supply chains globally, for parts, components, equipment and
internal manufacturing services such as engineering, production allocation, and logistics. This may result in manufacturing & delivery delays out of
our control. We will do our best to communicate all such impacts and reduce the effects of any such delays.
All delivery dates quoted are subject to manufacturer's confirmation at time of order.
Submittal data will be provided for approval after receipt of order (if applicable)
3 Bids Opened: 3/08/23
Page 1
Open Session Item
SUBJECT: Sole Source Procurement (PUR-1617) LifePak 15 Monitor/Defibrillator Devices
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Rick Curry, CPPO, Director of Purchasing; David Chisholm, Deputy
Director, Division of Emergency Services (DES)
RECOMMENDED MOTION: Move to authorize a Sole Source procurement of two (2) LifePak
15 Monitor/Defibrillator devices in the amount of $35,796.25 each; for the total sum of $71,592.50
from Stryker Sales Corporation (formally Physio Control, Inc.) of Chicago, IL and to utilize
another jurisdiction’s contract, State of MD contract (#001B2600009).
REPORT-IN-BRIEF: The Purchasing Department received a request for the procurement of two
(2) LifePak 15 Monitor/Defibrillators. DES wishes to apply Sections 1-106.2(a)(1) & (2) of the
Code of Local Public Laws of Washington County, Maryland, to the procurement requested.
These sections state that a sole source procurement is authorized and permissible when: (1) Only
one source exists that meets the County’s requirements and (2) The compatibility of equipment,
accessories, or replacement parts is the paramount consideration.
This request requires the approval of four of the five Commissioners in order to proceed with a
sole source procurement. If approved, the following remaining steps of the process will occur as
outlined by the law: 1) Not more than ten (10) days after the execution and approval of a contract
under this section, the procurement agency shall publish notice of the award in a newspaper of
general circulation in the County and 2) An appropriate record of the sole source procurement shall
be maintained as required.
DISCUSSION: It is imperative that the Advance Life Support (ALS) personnel be familiar with
all aspects of the device to include setup and troubleshooting. There are currently thirty-four (34)
AED devices in use throughout the County; introducing a different type of device would require
that ALS personnel be trained on multiple devices, which could lead to confusion and poor patient
outcome. In addition, in the event of a failure, the compatibility of equipment would allow the
switching of monitor/defibrillators without having to replace patient therapy pads or monitoring
equipment. The purchase of these AED devices would also streamline the purchase of disposable
supplies and maintenance contracts.
FISCAL IMPACT: Funds are available in account 12800GRT736 ($35,796.25) and
11430VEH009 ($35,796.25).
CONCURRENCES: Division Director of Emergency Services
ALTERNATIVES: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Page 2
ATTACHMENTS: Stryker Sales Corporation’s Quote dated February 20, 2023
AUDIO/VISUAL NEEDS: N/A
stryker
MIEMMS 2022
P?
Quote Number:
10590018
Remit to:
Stryker Medical
P.O. Box 93308
Version:
1
Chicago, IL 60673-3308
Prepared For:
WASHINGTON COUNTY DIV OF EMER SVCS
Rep:
Tom DeLore
Attn:
Email:
tom.delorel@stryker.com
Phone Number:
Quote Date:
Expiration Date:
02/20/2023
06/21/2023
T -7 0
tgoo
� R q3 aLt�
Delivery Address
End User - Shipping - Billing
Bill To Account
Name: WASHINGTON COUNTY DIV OF
Name: WASHINGTON COUNTY DIV OF
Name: WASHINGTON COUNTY DIV OF
EMERSVCS
EMERSVCS
EMERSVCS
Account #: 1329461
Account#: 1329461
Account #: 1329461
Address: 16232 ELLIOTT PKWY
Address: 16232 ELLIOTT PKWY
Address: 16232 ELLIOTT PKWY
WILLIAMSPORT
WILLIAMSPORT
WILLIAMSPORT
Maryland 21795-4083
Maryland 21795-4083
Maryland 21795-4083
Equipment Products:
Product
Description
Qty
Sell Price Total
1.0
99577-001957
LIFEPAK 15 V4 Monitor/Defib - Manual & AED, Trending,
2
$30,490.00
$60,980.00
Noninvasive Pacing, Sp02, SpCO, NIBP, 12-Lead ECG,
EtCO2, BT. Incl at N/C: 2 pr QC Electrodes
(11996-000091) & 1 Test Load (21330-001365) per
device, 1 Svc Manual CD (26500-003612) per order
2.0
41577-000288
Ship Kit-QUIKCOMBOTherapy Cable; 2 rolls100mm
2
$0.00
$0.00
Paper; RC-4, Patient Cable, 4ft.; NIBP Hose, Coiled; NIBP
Cuff, Reusable, adult; 12-Lead ECG Cable, 4-Wire Limb
Leads, 5ft; 12-Lead ECG Cable, 6-Wire Precordial
attachment
3.0
21330-001176
f'
LP 15 Lithium -ion Battery 5.7 amp hrs
2
$410.07
$820.14
4.0
11140-000098
d
LP15 AC Power Adapter (power cord not included)
2
$1,427.77
$2,855.54
5.0
11140-000015
f
AC power cord
2
$68.90
$137.80
6,0
21300-008159
f
LIFEPAK 15 NIBP Straight Hose, 6'
2
$66.30
$132.60
7,0
11160-000011
f
NIBP Cuff -Reusable, Infant
2
$19.50
$39.00
8.0
11160-000013
f
NIBP Cuff -Reusable, Child
2
$21.84
$43.68
9.0
11160-000015
NIBP Cuff -Reusable, Adult
2
$26.52
$53.04
10.0
11160-000019
NIBP Cuff -Reusable, Adult X Large
2
$42.90
$85.80
11.0
11171-000049
Masimo Rainbow DCI Adult Reusable Sp02, SpCO, SpMet
2
$531.26
$1,062.52
Sensor, 3 FT. For use with RC Patient Cable.
12.0
11171-000046
Masimo M-LNCSCI, Adult Reusable Sp02 only Sensor. For
2
$249.86
$499.72
use with RC Patient Cable.
1
Stryker Medical - Accounts Receivable - accountsreceivable(a)strvker.com - PO BOX 93308 - Chicago, IL 60673-3308
stryker
MIEMMS 2022
Quote Number: 10590018
Version: 1
Prepared For: WASHINGTON COUNTY DIV OF EMER SVCS
Attn:
Quote Date: 02/20/2023
Expiration Date: 06/21/2023
Remit to
Rep:
Email:
Phone Number:
# Product
Description
13.0 11577-000002
LIFEPAK 15 Basic carry case w/right & left pouches;
shoulder strap (11577-000001) included at no additional
charge when case ordered with a LIFEPAK 15 device
14.0 11220-000028
LIFEPAK 15 Carry case top pouch
15.0 11260-000039
LIFEPAK 15 Carry case back pouch
16.0 11996-000480°
4G Titan III Trio Modem: Verizon or AT&T WiFi/Cellular/
Audio (audio on/off configurable by customer), for use
with customer data plan. Customer will obtain SIM card
to configure for Verizon or AT&T
Stryker Medical
P.O. Box 93308
Chicago, IL 60673-3308
Tom DeLore
tom.delorel@stryker.com
Qty Sell Price Total
2 $279.74 $559.48
2 $50.64 $101.28
2 $72.22 $144.44
2 $2,038.73 $4,077.46
Equipment Total: $71,592.50
Trade In Credit:
Product Description Qty 'Credit Ea. Total Cretlit
Price Totals:
Estimated Sales Tax (0.000%): $0.00
Freight/Shipping. $0.00
Grand Total: $71,592.50
Prices: In effect for 30 days
Terms: Net 30 Days
Contact your local Sales Representative for more information about our flexible
payment options.
2
Stryker Medical - Accounts Receivable - accountsreceivable(@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308
Division of Emergency Services
Washington County, Maryland
16232 Elliott Parkway Williamsport, MD 21795
TU 240-313-4360 Fax:240-313-4361
Date: March 23, 2023
To: Purchasing
From: David E. Chisholm
Re: Sole Source Purchase — LP 15 Monitor/Defibrillator
I am writing to request a sole source purchase of two (2) LifePak 15 Monitor/Defibrillator
devices for a for a $71,592.50. These devices are complex pieces of medical equipment
designed to monitor a patient's cardiac rhythm and provide electrical therapy to correct or
enhance potentially fatal dysrhythmias.
In order to provide high quality patient care, it is imperative that the ALS provider be familiar
with all aspects of the device to include setup and troubleshooting. There are currently 34
LifePak 15 devices in use throughout Washington County and to introduce a second type of
device would require that the ALS providers be trained on both units which could lead to
confusion and poor patient outcomes. In addition, in the event of a device failure, it would allow
the switching of monitor/defibrillators without having to replace patient therapy pads or
monitoring equipment. We would also be able to share batteries in the event of an emergency.
The purchase of this device would also continue to streamline the purchase of disposable
supplies and maintenance contracts.
Funding for this purchase should be split evenly between 600400-10-12800 GRT736STAT and
600HO-M--11430 VEH009 EQPT.
Please let me know if you have any questions.
Capital Terms and Conditions:
Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit,
pricing, and documentation approval. Legal documentation must be signed before your equipment can
be delivered. Documentation will be provided upon completion of our review process and your
selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party
the terms of this quote or any other information, including any pricing or discounts, offered to be
provided by Stryker to Recipient in connection with this quote, without Stryker's prior written approval,
except as may be requested by law or by lawful order of any applicable government agency. A copy of
Stryker Medical's Acute Care capital terms and conditions can be found at https:Htechweb.stryker.com/
Terms Conditions/index.html. A copy of Stryker Medical's Emergency Care capital terms and
conditions can be found at https://www,strykeremergencycare.com/terms.
Open Session Item
SUBJECT: Contract Renewal (PUR-1544) – Trash Removal Services at County Facilities
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Brandi Naugle, CPPB, Buyer, Purchasing Department; Danny Hixon,
Deputy Director, Parks, and Facilities
RECOMMENDED MOTION: Move to renew the contract for Trash Removal Services at
County Facilities with Republic Services of Hagerstown, MD, per the rates included in its letter
dated April 13, 2023. Republic Services is requesting a 5.4% increase above the current rates for
work performed for the subject services. This increase is based on CPI-Water/Serwer/Trash.
REPORT-IN-BRIEF: On May 17, 2022, the Board originally awarded a contract for the subject
services to Republic Services, in the total annual amount of $67,698.60. The term of the contract
is for a one (1) year period, that commenced on July 1, 2022, with an option by the County to
renew for up to four (4) additional consecutive one (1) year periods thereafter. This is the first of
four one (1) year optional renewals of the contract.
The following provision is included in the bid terms and conditions: Based on the estimate of the
net weight of County dumpsters, the total minimum amount of tonnage that the Contractor must
deliver to the County landfill shall be 340 tons per year or 28 tons per month.
DISCUSSION: N/A
FISCAL IMPACT: Funds are available in various departmental budgets for these services.
CONCURRENCES: Director of Public Works
ALTERNATIVES: N/A
ATTACHMENTS: Republic Services letter dated April 13, 2023.
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
1;�.V00 REPUBLIC / 11710 Greencastle Pike, Hagerstown, Maryland 21740
SERVICES (Office) 301-223-7272 (fax) 301-223-8875 republicservices.com
April 13, 2023
Rick Curry
Washington County Purchasing Department
Washington County Administration Complex
100 West Washington Street, Room 3200
Hagerstown, MD 21740
RE: (PUR-1544) Trash Removal Services
Dear Mr. Curry,
On behalf of Republic Services of Hagerstown team, I would like to thank you for
the opportunity of servicing Washington County Trash Removal Service needs.
We take pride in the quality of service that we offer to our valued customers. Our
objective is to provide you with the kind of service that has made us a premier
provider of solid waste services. Republic Services of Hagerstown would like to
extend the Trash Removal Services contract another year to June 30, 2024.
In reference to our agreement for providing Trash Removal Service's, we
respectfully request that all rates for services we provide be adjusted by 5.4%
based on CPI-Water/Sewer/Trash collection services effective 7/1/23. As you
are probably aware, like many businesses we have incurred numerous cost
increases including labor, PPE and steel over the last year. We appreciate your
consideration of the aforementioned requests.
We appreciate your business and if you have any questions, please feel free to
contact me at your convenience. We are proud of the partnership we share with
the Washington County.
Sincerely,
An Neyman�
Manager Municipal Services
Republic Services
inevmanOrepubl icservi ces.com
302-420-5987
Table 2. Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, by detailed expenditure
category, March 2023-Continued
r........t no „nlu ee nlAn nvim nnlndl
Expenditure category
Relative
Importance
Unatljusted percent
change
Seasonally adjusted percent change
Mar.
Feb.
Dec.
Jan.
Feb.
Feb.
2022-
2023-
2022-
2023'
2023-
2023
Mar.
Mar.
Jan.
Feb.
Mar.
2023
2023
2023
2023
2023
Owners' equivalant rent of primary residence'3...
24.026
8.1
0.4
0.7
0.7
0.5
Tenants' and household insurance' .2 .................
0.371
0.9
0.0
0.1
-0.1
0.0
Water and sewer and trash collection services2...........
1.062
5.4
0.2
0.9
0.8
0.3
Water and sewerage maintenance .......................
0.760
4.9
0.2
0.8
0.7
0.3
Garbage and fresh collection .............................
0.301
6.7
0.2
0.9
0.9
0.2
Household operations' s......................................
Domestic services' 2........................... ..... .......
0.257
1.2
0.0
0.5
-1.3
0.0
Gardening and lawncara services' 2.......... ...........
Moving, storage, freight expense' 2......................
0.102
0.8
1.5
0.5
3.2
1.5
Repair of household items',s..............................
0.111
'
Medical care services .........................................
6.525
1.0
-0.5
-0.7
-0.7
-0.5
Professional services .......................................
3.562
2.2
0.0
-0.1
-0.3
0.0
Physicians' services' ................................. I...
1.819
0.5
-0.2
-0.1
-0.5
-0.2
Dental services ...........................................
0.914
6.8
0.3
0.5
0.1
0.3
Eyeglasses and eye care'a............................
0.310
1.5
0.1
-0.3
0.3
0.1
Services by other medical professionals' 6...........
0.519
-0.2
0.4
0.0
0.3
0.4
Hospital and related services' .............................
2.260
3.2
-0.2
0.7
0.1
-0.2
Hospital services14....................... ..............
1.923
2.7
-0.4
0.5
0.0
-0.4
Inpatient hospital services1O.3.....................
2.3
-0.7
0.5
0.0
-0.7
Outpatient hospital servxes13 6....................
4.1
0.9
0.5
-0.1
0.9
Nursing homes and adult day services1°..............
0.189
6.2
0.5
1.4
0.9
0.4
Care of invalids and elderly at home's ...............
0.148
6.2
1.0
1.6
0.5
1.0
Health Insurance 1z.........................................
0.703
-10.7
4.2
-3.6
4.1
4.2
Transportation services .......................................
5.812
13.9
1.3
0.9
1.1
1.4
Leased cars and trucks"' ................................
0.740
1.0
Car and truck rentals .......................................
0.118
-8.9
4.3
3.0
-0.5
-3.8
Motor vehicle maintenance and repair' ..................
1.106
13.3
0.3
1.3
0.2
0.3
Motor vehicle body work' ...............................
0.4
0.9
Motor vehicle maintenance and servicing'............
0.573
10.8
0.4
0.4
0.5
0.4
Motor vehicle repair13...................................
0.419
17.4
0.2
2.7
-0.3
0.2
Motor vehicle insurance ....................................
2.554
15.0
1.3
1.4
0.9
1.2
Motor vehiclefees's.......................................
0.496
2.9
-0.3
1.2
0.4
-0.3
State motor vehicle registration and license
fees '.s...................................................
0.278
3.5
0.1
1.0
0.4
0.1
Parking and other fees'2 ...............................
0.197
1.9
4).e
1.5
0.5
-0.8
Parking teas and lolls 3..............................
2.4
-0.4
0.7
0.0
0.4
Public transportation ........................................
0.799
12.4
1.6
-1.8
3.2
3.2
Aldine fares ................................................
0.606
17.7
2.0
-2.1
6.4
4.0
Other intercity transportation ............................
0.046
1.5
0.2
0.1
0.0
-0.8
Ship tam' .2.s...........................................
-2.7
0.3
-0.6
0.7
0.3
Intracity transportation' ..................................
0.140
4).3
0.2
-1.1
-0.9
0.2
Intracity mass mar it19..............................
0.2
0.0
0.0
0.0
0.0
Recreation services' ..........................................
3.121
5.9
0.1
0.7
1.2
0.0
Video and audio services ..................................
0.996
5.8
1.2
0.6
1.6
0.9
Cable, satellite, and live streaming television
service ..................................................
0.879
5.9
1.6
0.5
1.8
1.2
Purchase, subscription, and rental of video's.......
0.116
6.7
-1.2
1.0
0.0
-1.2
Video decs and other media' s, 3... ...... ...... ....
7.0
-4.0
-0.2
1.4
4.0
Subscription and rental of video and video
games. 2....................... ......................
6.2
-0.5
0.8
-0.3
-0.5
Pet services including veterinaryii- ......................
0.548
8.6
0.6
1.0
1.8
0.5
Pet services12.3................................ ........ ..
8.0
0.8
1.5
0.5
0.8
Veterinarian services2,3.. ................ ........ .......
7.7
0.9
0.5
2.2
0.8
Photographers and photo processing'2.................
0.039
6.5
.1.0
2.7
1.2
-1.0
See footnotes at and of table.
Open Session Item
SUBJECT: Requirements Contract Award (PUR-1604) - Real Property Services
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Brandi Naugle, CPPB – Buyer, Todd Moser, Engineering, Real Property
Administrator
RECOMMENDED MOTION: Move to award a primary requirements contract to a firm and to
award a secondary requirements contract to a firm, based on responsive, responsible proposals at
the specified unit costs and estimated hours (no minimum or maximum guaranteed) in each firm’s
price proposal.
REPORT-IN-BRIEF: As a result of the Division of Engineering and Construction
Management’s (DECM) ongoing workload, it is anticipated that the DECM shall require right-of-
way related support from outside consultant(s). An upset limit shall be established on a project-
by-project basis although the actual value shall be dependent upon the amount of work performed.
The specific projects to be covered under this contract are not known at this time.
The following provision is included in the contract: “Consultants shall be reimbursed for mileage
traveled to and from the job site and between job sites. Washington County will employ a mileage
rate based on the most recent U.S. Federal Government reimbursement rate. The present effective
rate as of January 1, 2023, is $0.655 per mile. The allowed maximum mileage to and from the job
site shall be fifty (50) miles each way, per day. Reimbursement for travel between sites shall be
made at the same rate. However, mileage between sites will not be limited. All mileage will be
subject to County review and approval.” Included this year in the contract, there is an hourly unit
cost pricing for court testimony services by the consultants as indicated in the attached Price
Proposal Tabulation.
Notice of the Request for Proposal (RFP) was advertised in the local newspaper, on the County’s
website, and on the State’s “e-Maryland Marketplace” website. Thirty-Three (33) individuals/
companies/bid houses downloaded the RFP document from the County’s website. One (1)
company was represented at the Pre-Proposal Conference. Proposals were received from three (3)
firms. The Q&E submittals of the three (3) firms were evaluated and both firms were considered
to be responsive; therefore, the Price Proposals of those firms were then opened and evaluated.
The Coordinating Committee was comprised of the following members: Director of the Division
of Engineering (Committee Chairman Designee), County Director of Purchasing, Deputy Director
of Engineering, Director – Division of Environmental Management, and the County Real Property
Administrator.
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
This version is for the Public Packets
The contract term is for a one (1) year period with an option by the County to renew for up to three
(3) additional consecutive one-year periods. The County reserves the right to accept or reject any
request for renewal. These are requirements contracts; therefore, services will be utilized on an
as-needed basis at the respective unit costs as specified in the attachment with no guarantee of a
maximum or minimum amount of services to be provided.
DISCUSSION: N/A
FISCAL IMPACT: Funds are available in various project accounts.
CONCURRENCES: Coordinating Committee
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL TO BE USED: N/A
Open Session Item
SUBJECT: Requirements Contract Award (PUR-1605) - Real Property Appraisal Services
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Brandi Naugle, CPPB, Buyer; Todd Moser, Engineering, Real Property
Administrator
RECOMMENDED MOTION: Move to award a primary requirements contract to a firm and to
award a secondary requirements contract to a firm, based on responsive, responsible proposals at
the specified unit costs and estimated hours (no minimum or maximum guaranteed) in each firm’s
price proposal.
REPORT-IN-BRIEF: As a result of the Division of Engineering (DE) ongoing workload, it is
anticipated that the DE shall require right-of-way related support from outside consultant(s). To
this end, the DE desires to enter into a “Requirements Contract” with a consultant(s) to provide
the necessary assistance on an as-needed basis.
Federal financial assistance carries requirements with regard to negotiations and relocation
contacts with property owners. Contracting consultants to utilize qualified personnel is permitted
with regard to appraisal, acquisition, negotiation or relocation. Consultants must follow approved
State or local procurement procedures when Federal funds are used in the acquisition cost of the
right-of-way.
The following provision is included in this contract: “Consultants shall be reimbursed for mileage
traveled to and from the job site and between job sites. Washington County will employ a mileage
rate based on the most recent U.S. Federal Government reimbursement rate. The present effective
rate as of January 1, 2023, is $0.655 per mile. The allowed maximum mileage to and from the job
site shall be fifty (50) miles each way, per day. Reimbursement for travel between sites shall be
made at the same rate. However, mileage between sites will not be limited. All mileage will be
subject to County review and approval.”
Notice of the Request for Proposal (RFP) was advertised in the local newspaper, on the County’s
website, and on the State’s “e-MarylandMarketplaceAdvantgae” website. Twenty-eight (28)
individuals/companies/bid houses downloaded the RFP document from the County’s website.
Three (3) companies were represented at the Pre-Proposal Conference/Teleconference. Proposals
were received from four (4) firms. The Q&E submittals of the four (4) firms were evaluated, three
(3) firms were considered to be responsive, and one (1) was deemed to be nonresponsive; therefore,
the Price Proposals of the three (3) responsive firms were then opened and evaluated.
The contract term is for a one (1) year period with an option by the County to renew for up to three
(3) additional consecutive one-year periods. The County reserves the right to accept or reject any
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
This version is for the Public Packets
request for renewal. These are requirements contracts; therefore, services will be utilized on an
as-needed basis at the respective unit costs as specified in the attachment with no guarantee of a
maximum or minimum amount of services to be provided.
The Coordinating Committee was comprised of the following members: the Director of the
Division of Engineering (Committee Chairman Designee), County Buyer, Deputy Director of
Engineering, Director of – Division of Environmental Management and the County Real Property
Administrator.
DISCUSSION: N/A
FISCAL IMPACT: Funds are available in various project accounts.
CONCURRENCES: Coordinating Committee
ALTERNATIVES: N/A
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Open Session Item
SUBJECT: Airport Staffing Revisions
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Neil Doran, Airport Director, Andrew Eshleman, Director of Public
Works
RECOMMENDED MOTION(S): To approve the two recommended Airport staffing changes
that include the creation of an Aircraft Rescue & Firefighter (ARFF) Manager and the revisions
to the Facilities Manager/Firefighter position to include expanded duties and specialized
requirements.
REPORT-IN-BRIEF: ARFF: In 2018, following a previous long term employee’s retirement,
the Airport no longer had an employee who could serve as a designated Fire Chief.
An arrangement was made with the Division of Emergency Services (DES) to provide a
stationed Fire Captain at the Airport. That arrangement was necessary to provide required
services and compliance, but has shown to not be mutually beneficial to either organization and
its needs. The DES staffing arrangement ended in October 2022 and an existing airport
maintenance/ARFF employee has stepped up to fill this role, but this is a temporary situation.
The Airport has evaluated several ARFF staffing options and recommends creating an ARFF
Manager (Fire Chief) position employed by the Airport.
Facilities Manager: Due to the Airport’s limited full-time staff of ten, each employee must be
flexible and qualified to serve in multiple roles. With the recommendation for the Airport to
assume the ARFF administration and staffing there is additional emphasis on retaining
employees with the qualifications to cover for a seven day a week operation. Beginning
approximately in the summer of 2021, this position has also taken on an expanded role at the
airport to include the day-to-day administration of 200+ airport lease documents and in assisting
with Airport Operations, Maintenance and Security functions. The individual has greatly
organized the leases, insured we had all units leased, and has served as a centralized point of
contact for tenant requests and in preparing work orders for maintenance staff which has reaped
benefits in fully utilized hangars, quicker turnover and improved collections. The position also
serves as an Alternate Airport Security Coordinator/badging officer, directs the maintenance of
our terminal, manages the airport’s fuel farm and must work irregular hours as needed to support
the airport fire department and airline operations. The current grade 10 facility manager
qualifications and responsibilities exceed the maintenance/ARFF staff which are grade 11
positions. An update to the job description and grade as a 12 more accurately reflects the
qualifications and requirements of the position. There is a need for this position to cover several
Board of County Commissioners of Washington County, Maryland
Agenda Report Form
Airport operational areas that require advanced training that would otherwise require multiple
staff members to cover.
DISCUSSION: The Airport Fire Department needs a Fire Officer-level position to serve as its
“Fire Chief” as there is much ARFF-related administrative work to be done and an on-site
“Incident Commander” is needed that possesses sufficient leadership experience in the fire,
rescue, and emergency services. The Airport needs to have management control over the ARFF
operation and staff. The change frees up DES staff to focus on community calls, while the
development of a mutual aid agreement with DES could allow for off airfield response and the
sharing of resources.
FISCAL IMPACT:
• Total – Up to $72,509 + benefits
• $57,678-63,669 (Grade 13, step 1 - 5) ARFF Manager (Fire Chief) + benefits
• $8,840 to increase Facility Manager/Firefighter’s Grade 10 to 12 (step 7).
• The fiscal impact would be absorbed by the Airport’s operating budget.
CONCURRENCES: County Administrator
ALTERNATIVES: At this time, the Division of Emergency Services (DES) is not able to
supply a full-time ARFF Administrator who can be stationed at the airport with the required
visibility and on-site presence to work consistent, regular hours and perform these critical
administrative and leadership tasks. While the airport has temporarily met the need “in-house”
since October 2022, this is not a long term solution as those duties are not included within that
employee’s job description and the assignment detracts from other daily full time airport
maintenance needs.
ATTACHMENTS: Proposed job descriptions are attached for Aircraft Rescue & Firefighting
Manager (Fire Chief) and Airport Facilities Manager/Firefighter positions.
AUDIO/VISUAL TO BE USED: N/A
AIRPORT RESCUE & FIREFIGHTING MANAGER (Fire Chief) Grade: 13
FLSA Status: Non -Exempt
GENERAL DEFINITION OF WORK:
Performs difficult protective service and administrative work in managing and directing all activities of fire/rescue
services program. Direction is provided by the Airport Director. Supervision is exercised over subordinate fire/rescue
personnel and other employees and designated by the Director.
ESSENTIAL FUNCTIONS/TYPICAL TASKS:
(These are intended only as illustrations of the various types of work performed. The omission of specific duties does not
exclude them from the position if the work is similar, related, or a logical assignment to the position.)
1. Provides competent crash, fire, emergency medical, hazardous material, and rescue protection for the airport and
surrounding area.
2. Provides incident command and control functions at emergencies on and around the airfield.
3. Ensures airport compliance as respects ARFF matters and successful passage of annual FAA certification inspections.
4. Designs, revises, and implements firefighting standard operational procedures. Designs firefighter training programs.
Schedules and teaches training sessions. Trains mutual aid fire and rescue companies in airport operations and ARFF
subjects. Maintains records of training. Prepares mutual aid agreements as appropriate.
5. In concert with the Operations/Security Manager, takes a leading role in planning and coordinating annual tabletop
exercises and triennial drills.
6. Performs housekeeping and oversees maintenance and cleanliness of the Airport Fire Station building, grounds,
equipment, vehicles, hydrants, and alarms.
7. Develops and oversees ARFF-related elements of the operating budget and capital improvement projects.
8. Schedules firefighter staffing to ensure adequate coverage and availability for airline, GA, and DCMA ARFF standby
needs. Coordinates with Division of Emergency Services (DES) and other local professional and volunteer fire
departments. Determines potential need for staffing support from other agencies and advises Airport Director about
such matters.
9. Serves as staff Safety Officer. Develops and conducts SMS and employee safety programs in compliance with
OSHA, MOSH, FAA and local government standards. Designs, implements and enforces airport safety policies.
Maintains routine fire safety inspections of airport facilities. Oversees sprinkler and alarm system testing. Schedules
and conducts employee safety meetings and training. Maintains safety data sheets. Conducts Fire Safety classes and
Station Tours.
10. Takes the lead in the management and execution of an aircraft deicing program including the maintenance and
operation of related equipment.
11. Conducts inspections of firefighting vehicles. Inspects firefighting equipment records. Ensures basic preventative
maintenance is accomplished.
12. Writes comprehensive reports documenting emergency and non-emergency responses.
13. Assists in the development of specifications and/or procurement of ARFF equipment, apparatus, and facilities.
14. Assists the Airport Director with performance evaluations, counseling, and discipline of subordinate ARFF personnel.
15. Assists Airport Director and Operations/Security Manager in updating the airport emergency plan and airport
certification manuals as required.
16. Assists and coordinates with the Facilities Manager in shared duties related to the airport fuel farm. Conducts
quarterly inspections, schedules maintenance and recommends updates. Coordinates airport fire extinguisher checks,
inspections of FBO fueling trucks and systems.
17. Required to possess Class A operator certificate for Aviation Fuel Storage Tanks within six months of hire.
18. Assists with snow removal and ice control.
19. Assists with airport maintenance tasks including mowing as assigned.
20. Assists with airfield operations tasks including issuing NOTAMs and airfield inspections.
21. Able to serve as an certified Airport Security Coordinator (ASC).
22. Assists with airfield construction oversight such as providing airfield escort services to project managers/contractors.
23. Assists with airline ground operations including baggage handling, aircraft marshalling, etc.
24. Required to complete all initial and monthly airline computer-based training and on job training required within a 60-
day timeframe upon hire.
25. Required to complete training to serve as Airline Ground Security Coordinator within sixty (60) days of hire.
26. Performs special projects and related tasks as required or assigned by Airport Director.
KNOWLEDGE, SKILLS, AND ABILITIES:
Comprehensive knowledge of airport and structural fire and emergency services including organization, equipment
management, records and reports; comprehensive knowledge of the laws and regulations relating to the control and
prevention of fire; thorough knowledge of airplane types and airfield operations; ability to use and instruct in the use of
firefighting and rescue equipment; ability to plan, layout and review the activities of fire and rescue services department and
to lead and direct the activities of personnel; ability to exercise sound judgment in emergencies; above-average
communication skills and ability to establish and maintain effective working relationships with associates and the public.
• Proficient in use of computer applications including but not limited to word processing, spreadsheets, email, and
'ESO Software'.
• Ability to establish and maintain effective working relationships with others.
• Strong and effective spoken and written (English) communications skills, including basic teaching and public
speaking skills.
• Knowledge of airport radio procedures, vehicular access and procedures on runways, taxiways, aprons, etc.
• Through training sessions, exercises, publications, and other means, maintains a working knowledge of current
technologies, equipment, certification requirements and other areas pertinent to ARFF operations.
• Comprehensive knowledge of Title 14, FAR Part 139 relating to the management of a commercial service airport.
• Comprehensive knowledge of 49 CFR Part 1542.101 (a) of the Transportation Security Regulations.
Preference may be given to applicants with additional advanced training in aviation and airport subject matter, also
emergency medical care, fire suppression, hazardous materials, or technical rescue disciplines.
EDUCATION AND EXPERIENCE:
Any combination of aviation and airport specific education and experience combined with a professional, paid officer-level of
firefighter competency. Major course work in fire science, airport management and related fields of study are strongly
suggested. Considerable, increasingly responsible fire command experiences is required, including a minimum of three-five
(3-5) years of supervisory-level, firefighter officer experience in a commercial or military airport environment is required.
PHYSICAL REQUIREMENTS:
Must have the ability to lift, push, and pull in excess of 100 lbs. With proper personal protective equipment, perform
various functions under emergency conditions including operating environments immediately dangerous to life and health
(IDLH) with appropriate personal protective equipment. Must have the use of sensory skills to effectively communicate
and interact with other employees and the public using telephone and personal contact as normally defined by the ability to
see, read, hear, handle, or feel objects and related equipment, such as, but not limited to personal computer, calculator,
copier, fax machine, radio console, etc. Some standing, walking, moving, climbing, carrying, bending, kneeling, crawling,
reaching, and handling, pushing, and pulling.
SPECIAL REQUIREMENTS:
Applicants must possess a combination of all the following active, valid certifications/licenses on their date of hire:
• Maryland Commercial Class B Driver’s license (or equivalent from applicant’s state of residence)
• Firefighter II
• ARFF Firefighter
• Maryland or National Registry Emergency Medical Technician (NREMT)
• Hazardous Materials Operations
• Emergency Vehicle Operator
• Aircraft Rescue Driver/Operator
• Instructor Level I
• Fire Officer I or II
If not already possessed, applicant must commit to obtain the following certifications within six (6) months of hire:
• 14 CFR Part 139 Live Burn Training/Certification for the current year
• Airport Security Coordinator
AVAILABILITY REQUIREMENTS:
• Available for scheduled shift work hours, overtime, and mandatory callback during emergency situations.
• Successful completion of a pre-employment physical including respirator clearance and drug testing (following a
conditional offer of employment).
• Successful completion of a background investigation (following a conditional offer of employment).
• This position subject to random drug and alcohol testing.
Revised 04/01/23 Reasonable accommodations may be made to enable individuals with disabilities to perform the essential tasks.
JOB TITLE: Airport Facilities Manager/ Fire Fighter GRADE 12
DEPARTMENT: Hagerstown Regional Airport FLSA STATUS:-Exempt
REPORTS TO: Airport Director
GENERAL DEFINITION OF WORK:
Performs difficult skilled and administrative work supervising building maintenance staff in the performance of
a wide variety of skilled and unskilled duties in the maintenance of airport facilities including t-hangars,
business parks, residential properties, passenger terminal building, fire station and fueling systems. Acts also
as backup and support to the Airport Security and Operations Manager. Direction is provided by the Airport
Director. Supervision is exercised over part-time terminal maintenance crews.
ESSENTIAL FUNCTIONS/TYPICAL TASKS:
(These are intended only as illustrations of the various types of work performed. The omission of specific
duties does not exclude them from the position if the work is similar, related, or a logical assignment to the
position.)
1. Plans, supervises, and participates in interior and exterior building maintenance and exterior landscaping
including lawn mowing and landscaping.
2. Ensures well-managed and well-maintained facilities, inspecting completed maintenance and repair work
and working with in-house staff and contracted vendors to ensure standards are met.
3. Plans and supervises the work of maintenance contractors and building maintenance personnel.
4. Conducts daily checks of buildings and equipment; ensures equipment is in proper working order.
5. Maintains schedules, work records and timecards.
6. Coordinates and assists in landside and terminal apron snow removal efforts.
7. Initiates work orders requesting additional maintenance and needed repairs from appropriate work groups
and personnel.
8. Assists Director with overseeing and coordinating preventive maintenance of the airfield infrastructure,
buildings, vehicles, and airfield equipment.
9. Manages and administers the day-to-day tasks associated with airport tenant leases, including assisting
the airport director in related airport lease matters, including documentation and negotiations. Solicits and
collected needed certificates of insurance from airport tenants, business, and aircraft owners.
10. Meets on a regular basis with airport maintenance staff to review and discuss operational issues including
safety, security, planned construction, general maintenance, and structural repair needs.
11. Works closely with airport terminal tenants, responding to and resolving concerns, issues or
problems impacting on facility operations and the quality of service to customers.
12. Assists the Airport Director in ensuring that airport tenants comply with FAA, airport and county rules,
regulations, and standards.
13. Acts as a liaison with local, state, and federal agencies including Transportation Security Administration
(TSA)
14. Responds to emergency fire and medical situations. Provide fire suppression and related rescue, entry,
ventilation, salvage, emergency medical and hazardous materials containment services.
15. Inspects airfield for hazards and inconsistencies.
16. Maintains emergency services and airfield operational proficiencies by attending Federal Aviation
Administration and Department of Defense required training classes.
17. Coordinates quarterly inspections of airport fueling systems along with the ARFF Manager (Chief).
18. Assists in programs of instruction for airport employees and tenants.
19. Assist with airline ground handling operations (baggage loading / unloading, etc.)
20. Functions as an Assistant Airport Security Coordinator. Functions as Airport Operations/Security Manager
in his/her absence.
21. Assist Airport Director with budget preparation, expend and monitor budget appropriations in accordance
with County guidelines.
22. Other job-related duties as required.
KNOWLEDGE, SKILLS, AND ABILITIES:
Thorough knowledge of the methods, materials, tools and equipment used in building maintenance and repair;
thorough knowledge of applicable safety requirements and practices; skill in the use of hand and power tools of
the trade; ability to recognize and diagnose electrical and mechanical system problems; ability to follow oral and
written instructions; ability to plan and supervise the work of others; ability to maintain records; general
knowledge of the principles, methods, tools and techniques used in airport firefighting and emergency
situations; must be pleasant, willing to tackle all sorts of unpleasant tasks, and work in all varieties of inclement
and even severe weather; ability to apply any chemicals used within and outside of the terminal, along with
the use of equipment like lawn grooming and landscaping equipment and walk-behind snow blower; ability to
work unsupervised; be self-motivated and work effectively with associates and the general public; ability to
establish and maintain effective working relationships with associates
EDUCATION AND EXPERIENCE:
1. Any combination of education and experience equivalent to graduation from high school and/or technical
high school.
2. Extensive experience in building maintenance and repair including a minimum of two-years supervisory
experience.
3. Thorough knowledge of National Fire Protection 407 (Standard for Aircraft Fuel Servicing)
4. Possession of Class A Operator certificate for aviation fuel Underground Storage Tanks, or ability to obtain
such certificate within six-months of hiring.
5. Applicant should have a working knowledge of airport operations.
6. American Association of Airport Executives Airport Security Coordinator certificate or ability to obtain
within six-months from hiring.
7. University of Maryland or equivalent Airport Firefighter certification
8. Maryland certified Emergency Medical Technician
9. University of Maryland or equivalent Aircraft Rescue Firefighting - Driver / Operator Certification
10. University of Maryland or equivalent Hazardous Materials Operations course
11. University of Maryland or equivalent Pump Operators course
12. Minimum of two (2) years firefighting experience with a career or volunteer fire department.
13. NIMS certifications should be submitted for evaluation.
14. Minimum three years’ experience in the operation of emergency vehicles.
15. Airline ground handling experience desirable.
PHYSICAL REQUIREMENTS:
This can be heavy work requiring the exertion of 100 pounds of force occasionally, up to 50 pounds of force
frequently, and up to 20 pounds of force constantly to move objects; work requires climbing, balancing,
stooping, kneeling, crouching, crawling, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling,
and repetitive motions; vocal communication is required for expressing or exchanging ideas by means of the
spoken word, and conveying detailed or important instructions to others accurately, loudly, or quickly; hearing
is required to perceive information at normal spoken word levels, and to receive detailed information through
oral communications and/or to make fine distinctions in sound; visual acuity is required for depth perception,
color perception, night vision, peripheral vision, visual inspection involving small defects and/or small parts,
use of measuring devices, operation of machines, operation of motor vehicles or equipment, determining the
accuracy and thoroughness of work, and observing general surroundings and activities; the worker is subject
to inside and outside environmental conditions, extreme cold, extreme heat, noise, vibration, hazards,
atmospheric conditions, oils, and wearing a self-contained breathing apparatus. The worker may be exposed
to bloodborne pathogens and may be required to wear specialized personal protective equipment.
SPECIAL REQUIREMENTS:
1. Airport Security Coordinator certification from the AAAE (or ability to obtain within six months of hire).
2. A valid Class “B” Commercial Driver’s License for air brake equipped vehicles.
3. Applicants who do not have a valid Class “B” Commercial Driver’s License at the time of hire:
a. Must obtain Class “B” learners permit within 90 calendar days from date of hire.
b. Must obtain and maintain a valid Class “B” Commercial License within the first 9 months from
date of hire.
4. Applicant will be subject to a full criminal background investigation to include fingerprinting.
1/2019,01/26/22, 03/30/2023
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential
tasks.
Open Session Item
SUBJECT: Police Recruitment and Retention Grant – Approval to Accept Awarded Funding
PRESENTATION DATE: May 9, 2023
PRESENTATION BY: Cody Miller, Quartermaster/Grants Manager, Washington County
Sheriff’s Office and Rachel Souders, Sr. Grant Manager, Office of Grant Management
RECOMMENDED MOTION: Move to approve the acceptance of funding awarded under the
FY23 Police Recruitment and Retention Grant Program from the Governor’s Office of Crime
Prevention, Youth, and Victim Services in the amount of $37,800.
REPORT-IN-BRIEF: The Washington County Sheriff's Office has been awarded $37,800 in
one-time additional funding from the FY23 Police Recruitment and Retention (PRAR) Grant
Program for the purpose of retention incentives and recruitment efforts.
DISCUSSION: The Police Recruitment and Retention (PRAR) Grant Program provides
incentives to recruit and retain qualified sworn law enforcement officers, particularly for expenses
that are not covered in local budgets. Due to additional funding being available in the FY23 PRAR
grant, the Governor’s Office of Crime Prevention, Youth, and Victim Services has awarded WCSO
$37,800. WCSO intends to utilize $33,300 of the award to give deputies a retention incentive in
the amount of $300 each, and to use $4,500 to wrap a police cruiser with an advertisement to boost
recruitment efforts. The cruiser will be used for patrol and to attend recruitment events.
FISCAL IMPACT: Will provide the Washington County Sheriff's Office with $37,800 to boost
retention and recruitment.
CONCURRENCES: Susan Buchanan, Director, Office of Grant Management
ALTERNATIVES: Deny acceptance of the award
ATTACHMENTS: N/A
AUDIO/VISUAL NEEDS: N/A
Board of County Commissioners of Washington County, Maryland
Agenda Report Form