Section 23-204 - Membership in the Employees' Pension System - Optional membership.
§ 23-204. Membership in the Employees' Pension System - Optional membership.
(a) Applicability.-
(1) This subsection applies to an individual who on June 30, 2004, receives an annual salary and who is:
(i) an elected or appointed official;
(ii) an employee of the Governor's office;
(iii) an employee of the Senate or House of Delegates;
(iv) a member of the Prince George's County Board of License Commissioners; or
(v) an employee of Dorchester County who is not a member of the county's general pension and retirement program.
(2) Membership in the Employees' Pension System is optional for an individual under paragraph (1) of this subsection while the individual remains employed in the position the individual held on June 30, 2004.
(3) (i) In lieu of membership in any other retirement or pension system operated under the laws of the State or any political subdivision of the State, an individual under paragraph (1)(i) of this subsection may elect to join the Employees' Pension System within 1 year of employment or July 1, 2008, whichever is later.
(ii) An individual under paragraph (1)(i) of this subsection who elects to join the Employees' Pension System under subparagraph (i) of this paragraph, may transfer from a State or local retirement or pension system to the Employees' Pension System in accordance with Title 37 of this article, any service credit earned while serving in that position.
(b) Limitations.-
(1) This subsection does not apply to an employee of the Town of Berwyn Heights.
(2) (i) Except as provided in paragraph (3) of this subsection, this subsection applies only to the employees of a participating governmental unit who:
1. are employed by the participating governmental unit on June 30, 2004; and
2. were employed by the participating governmental unit on the effective date of participation in the State systems.
(ii) Except as provided in paragraph (3) of this subsection, membership in the Employees' Pension System is optional for an individual under subparagraph (i) of this paragraph until the individual ceases employment with the participating governmental unit that was employing the individual on June 30, 2004.
(3) Membership in the Employees' Pension System is not optional for individuals who are:
(i) supportive service employees of the Board of Education of Kent County;
(ii) employees of the Town of Oakland;
(iii) employees of the City of Frostburg;
(iv) employees of the Town of Sykesville; or
(v) employees of the Town of University Park.
(c) Participation by Baltimore City Sheriff.-
(1) Subject to paragraph (2) of this subsection, membership in the Employees' Pension System is optional for an individual described in § 23-201(a)(2)(iv) of this subtitle who is elected or appointed as the Baltimore City Sheriff.
(2) An individual who is elected or appointed as the Baltimore City Sheriff and who does not elect to join the Employees' Pension System is a member of the Law Enforcement Officers' Pension System under Title 26 of this article as a condition of employment.
(3) To elect to be a member of the Employees' Pension System under this subsection, an individual shall file a written application with the State Retirement Agency.
(4) An individual who does not elect membership within 6 months of the date the individual begins serving as the Baltimore City Sheriff shall become a member of the Law Enforcement Officers' Pension System.
(d) Participation by employee of the Office of the Sheriff of Baltimore City.-
(1) This subsection applies to an individual described in § 23-201(a)(2)(iv) of this subtitle who elects membership in the Employees' Pension System under this section.
(2) An individual described in paragraph (1) of this subsection may elect membership in the Law Enforcement Officers' Pension System if the county employing the individual elects to become an eligible governmental unit in the Law Enforcement Officers' Pension System in accordance with §§ 31-2A-02 through 31-2A-05 of this article.
(3) If an individual transfers to the Law Enforcement Officers' Pension System under this subsection, the eligible governmental unit is responsible for all employer contributions required for the individual under § 21-306.1 of this article.
(e) Participation by employee of the Town of Berwyn Heights.-
(1) This subsection applies only to an individual who is an employee of the Town of Berwyn Heights on June 30, 2008.
(2) Subject to paragraph (3) of this subsection, membership in the Employees' Pension System is optional for an individual described in paragraph (1) of this subsection who elects membership on July 1, 2008.
(3) To elect to be a member of the Employees' Pension System, an individual shall file a written application with the Board of Trustees on a form that the Board of Trustees provides.
[An. Code 1957, art. 73B, §§ 4-201, 10-103; 1994, ch. 6, § 2; 2000, chs. 374, 458, 474; 2004, ch. 532, § 1; 2006, chs. 239, 627; 2007, ch. 334, § 3; 2008, chs. 170, 171; 2009, chs. 413, 631, 632; 2010, ch. 72.]