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Federal authorities have subpoenaed documents related to disability retirement benefits paid to former assistant chief John King, who retired from the county last year before becoming Gaithersburg police chief.

The subpoena comes as the Montgomery County Council works to overhaul the county's retirement practices after two recent reports questioned some payments and the high number of police officers who have been approved for disability retirement.

Gaithersburg City Manager Angel Jones confirmed that the city had been subpoenaed for information relating to King.

"We've received a subpoena that has requested various pieces of information, and we are complying with that request," Jones said.

Montgomery County spokesman Patrick K. Lacefield also confirmed that the county had received a federal grand jury subpoena this week, but would not comment on the target of the investigation or whether it extended to other employees.

"Montgomery County will, of course, cooperate fully with any investigation," Lacefield said in a statement.

The U.S. Attorney's Office had no comment.

Reached Thursday evening, King said he had not been subpoenaed. He referred further questions to his attorney, Richard Finci, who was unavailable for comment.

King worked for the county for more than 25 years before taking the position in Gaithersburg. He has maintained that his application for disability was because of numerous injuries, including three herniated discs in his back, which made it impossible to do the work of an officer.

His injuries with Montgomery County occurred from wrestling a suspect and from four vehicle crashes, including two in which his cruiser was struck by drivers who ran red lights, King said.

"I can't run, I can't stand up for a certain period," King said in an interview with The Gazette in August.

As for the Gaithersburg job, "I'm a paper pusher now. Every morning I go to the gym at 5 o'clock, but if I don't I wouldn't be able to walk," he said.

Walt Bader, chief negotiator and former president of the county's police union, said that while King, as a manager, wasn't covered under the union contract, "a lot of people have tax-free disability retirement."

Service-related disability retirements can occur before retirement age, and the benefits do not reduce future Social Security benefits and are exempt from federal income taxes.

In September, county Inspector General Thomas J. Dagley, investigating reports of fraud, waste or abuse, released a report critical of some disability payments to police officers.

Police officers accounted for 49 percent of all county employees approved for disability benefits between July 2004 and March 2008. During the same time, 62 percent of the 93 officers retiring were approved for disability benefits.

Dagley's report found that some of the officers approved for disability were cleared for other law enforcement positions in other jurisdictions. Others were officers who had been involved in a double-dipping scheme and an officer who received a plea agreement in a theft case.

The report also cited one officer approved for disability in 2006 who competed — and finished second — in a fitness competition a year later.

County administrators called the inspector general's report flawed and "simplistic" in its scope. Police union representatives also disputed the report.

Dagley's report was preceded by another disability review published in August by a panel convened by County Executive Isiah Leggett. The report found that public safety employees — namely police — were the largest group of employees receiving retiree benefits. From 2005 to 2007, 73 employees retired from the county police department; 40 of those were service-connected disability retirements. The average annual service connected police disability payout in the county was $53,937.

Leggett (D) called the county's high number of disability payouts to police an "anomaly" compared with other jurisdictions in the region.

On Thursday, two council committees discussed improving the retirement system.

Council members Duchy Trachtenberg (D-At large) of North Bethesda and Philip M. Andrews (D-Dist. 3) of Gaithersburg proposed a series of eight improvements that they say can be done by legislation instead of through the collective bargaining process with employee unions.

The recommendations would prevent employees dismissed from their jobs for serious offenses from receiving disability benefits, require an independent medical exam for all employees and create a two-tier system for full and partial benefit payments.

"We believe that their suggestions belong with collective bargaining," Bader said. "This all goes to the integrity of the collective bargaining process."

Staff Writer Patricia M. Murret

contributed to this report.