Membership in the Employees' Retirement System -- Scope

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    (a)    Except as provided in subsection (b) of this section, §§ 22-202 through 22-204 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)    a permanent employee of the board of supervisors of elections of a county;

        (6)    an employee of the Maryland Environmental Service who is a member of the Employees’ Retirement System on June 30, 1993;

        (7)    an employee of Dorchester County who is not a member of the county’s general pension and retirement program and who is a member of the Employees’ Retirement System;

        (8)    a court reporter for the Circuit Court for Charles County who is a member of the Employees’ Retirement System on July 1, 1994; and

        (9)    a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is a member of the Employees’ Retirement System as of January 1, 1998.

    (b)    Sections 22-202 through 22-204 of this subtitle do not apply to:

        (1)    an individual who is a member of any State system other than the Employees’ Retirement System;

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

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

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

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

        (6)    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.


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