Section 23-201 - Membership in the Employees' Pension System - Scope. - Maryland Statutes

§ 23-201. Membership in the Employees' Pension System - Scope.
 

(a)  Application.- Except as provided in subsection (b) of this section, §§ 23-203 through 23-205 of this subtitle apply only to: 

(1) a regular employee whose compensation is provided by State appropriation or paid from State funds; 

(2) an appointed or elected official of the State, including: 

(i) a clerk of the circuit court; 

(ii) a register of wills; 

(iii) a State's Attorney; and 

(iv) a sheriff; 

(3) an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article; 

(4) an employee of the Office of the Sheriff of Baltimore City; 

(5) an additional employee or agent of the State Racing Commission authorized by § 11-207 of the Business Regulation Article; 

(6) a permanent employee of the board of supervisors of elections of a county; 

(7) a full-time master in chancery or in juvenile causes who is appointed on or after July 1, 1989, in any county by the circuit court for that county; 

(8) an employee of the Maryland Environmental Service who is a member of the Employees' Pension System on June 30, 1993, or transfers from the Employees' Retirement System on or after July 1, 1993; 

(9) a former Baltimore City jail employee who became an employee of the Baltimore City Detention Center and a member of the Employees' Pension System on July 1, 1991; 

(10) a nonfaculty employee of the Baltimore City Community College who: 

(i) is a member of the Employees' Pension System on October 1, 2002; 

(ii) transfers from the Employees' Retirement System on or after October 1, 2002; 

(iii) transfers from the Teachers' Pension System in accordance with § 23-202.1 of this subtitle; or 

(iv) becomes an employee of the Baltimore City Community College on or after October 1, 2002; 

(11) a court reporter for the Circuit Court for Charles County who is a member of the Employees' Pension System on July 1, 1994, or transfers from the Employees' Retirement System on or after July 1, 1994; 

(12) a staff employee of the University System of Maryland, Morgan State University, or St. Mary's College who is: 

(i) a member of the Employees' Pension System on January 1, 1998, or transfers from the Employees' Retirement System on or after January 1, 1998; or 

(ii) a staff employee of the University System of Maryland, Morgan State University, or St. Mary's College who becomes an employee on or after January 1, 1998; 

(13) on or after the date that the Board of Education of Kent County begins participation in the Employees' Pension System, a supportive service employee of the Board of Education of Kent County; 

(14) an employee of the Town of Oakland on or after the date that the Town of Oakland begins participation in the Employees' Pension System; 

(15) an employee of the City of Frostburg on or after the date that the City of Frostburg begins participation in the Employees' Pension System; 

(16) an employee of the Town of Berwyn Heights on or after the date that the Town of Berwyn Heights begins participation in the Employees' Pension System;  

(17) an employee of the Town of Sykesville on or after the date that the Town of Sykesville begins participation in the Employees' Pension System; and 

(18) an employee of the Town of University Park on or after the date that the Town of University Park begins participation in the Employees' Pension System. 

(b)  Exceptions.- Sections 23-203 through 23-205 of this subtitle do not apply to: 

(1) an individual who is or is entitled to be a member of any State system other than the Employees' Pension System; 

(2) a contractual, emergency, or temporary extra employee; 

(3) an individual who is employed under a federal public service employment program; 

(4) an assessor who is a member of a retirement or pension system operated by a political subdivision of the State; 

(5) an employee of a local board of elections who chooses to stay in a local merit system under § 2-207 of the Election Law Article; 

(6) a nonclerical or nonprofessional employee of the Baltimore City Community College who: 

(i) was an employee of the New Community College of Baltimore during the 1989-1990 academic year; 

(ii) was employed by the New Community College of Baltimore on or before December 31, 1990, as a "Class A" member of the Baltimore City Retirement Plan; and 

(iii) elected to remain a member of the Baltimore City Retirement Plan; 

(7) an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment; 

(8) an employee of the Domestic Relations Division of the Anne Arundel County Circuit Court who: 

(i) was transferred on or after July 1, 2002, into the State Personnel Management System as an employee of the Child Support Enforcement Administration of the Maryland Department of Human Resources; 

(ii) elected, under § 2-510 of the Courts Article, to remain as a participant in the Anne Arundel County Retirement and Pension System; and 

(iii) remains as an employee of the Child Support Enforcement Administration of the Maryland Department of Human Resources or an attorney employed to represent the Child Support Enforcement Administration; 

(9) a nonfaculty employee of the Baltimore City Community College who is eligible to participate and elects to participate in an optional retirement program under Title 30 of this article; 

(10) an appointed or elected official who on or after July 1, 2007, is a member of any other state or local retirement or pension system as defined under Title 37 of this article; or 

(11) the Director of the Department of Social Services in Montgomery County who: 

(i) was transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Resources; 

(ii) elected, under § 3-403.1 of the Human Services Article, to remain as a participant in the Montgomery County Employees' Retirement System; and 

(iii) remains as an employee of the Social Services Administration of the Maryland Department of Human Resources. 
 

[An. Code 1957, art. 73B, §§ 1-507, 3-506, 4-101, 4-201, 10-101, 10-102, 10-108; 1994, ch. 6, § 2; ch. 601, § 3; 1995, ch. 556; 1998, ch. 467; ch. 585, § 3; 1999, ch. 522; 2000, chs. 397, 458, 474; 2001, ch. 693; 2002, ch. 127; ch. 303, § 2; 2003, ch. 21, § 1; 2004, ch. 25, § 5; ch. 532, § 2; 2006, chs. 239, 627; 2007, ch. 334, § 1; ch. 455, §§ 1, 2; 2008, chs. 170, 171; 2009, chs. 413, 631, 632.]