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

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

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

      1. (i) a clerk of the circuit court;
      2. (ii) a register of wills;
      3. (iii) a State's Attorney; and
      4. (iv) a sheriff;
   3. (3) an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article;
   4. (4) an employee of the Office of the Sheriff of Baltimore City;
   5. (5) an additional employee or agent of the State Racing Commission authorized by § 11-207 of the Business Regulation Article;
   6. (6) a permanent employee of the board of supervisors of elections of a county;
   7. (7) a full-time magistrate 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. (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. (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. (10) a nonfaculty employee of the Baltimore City Community College who:

       1. (i) is a member of the Employees' Pension System on October 1, 2002;
       2. (ii) transfers from the Employees' Retirement System on or after October 1, 2002;
       3. (iii) transfers from the Teachers' Pension System in accordance with § 23-202.1 of this subtitle; or
       4. (iv) becomes an employee of the Baltimore City Community College on or after October 1, 2002;
   11. (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. (12) a staff employee of the University System of Maryland, Morgan State University, or St. Mary's College who is:

       1. (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
       2. (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. (13) an individual who, on and before the effective date of participation as defined under § 31-101(c) of this article, is:

       1. (i) a supportive service employee of the Board of Education of Kent County;
       2. (ii) an employee of the Town of Oakland;
       3. (iii) an employee of the City of Frostburg;
       4. (iv) an employee of the Town of Sykesville; or
       5. (v) an employee of the Town of University Park;
   14. (14) an employee of the Maryland Automobile Insurance Fund on or after the date that the Maryland Automobile Insurance Fund begins participation in the Employees' Pension System; and
   15. (15) the Executive Director of the Alcohol, Tobacco, and Cannabis Commission, if the Executive Director is not a sworn police officer with the powers granted to an officer of the Field Enforcement Division under § 1-313 of the Alcoholic Beverages and Cannabis Article.

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

   1. (1) an individual who is or is entitled to be a member of any State system other than the Employees' Pension System;
   2. (2) a contractual, emergency, or temporary extra employee;
   3. (3) an individual who is employed under a federal public service employment program;
   4. (4) an assessor who is a member of a retirement or pension system operated by a political subdivision of the State;
   5. (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. (6) a nonclerical or nonprofessional employee of the Baltimore City Community College who:

      1. (i) was an employee of the New Community College of Baltimore during the 1989-1990 academic year;
      2. (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
      3. (iii) elected to remain a member of the Baltimore City Retirement Plan;
   7. (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. (8) an employee of the Domestic Relations Division of the Anne Arundel County Circuit Court who:

      1. (i) was transferred on or after July 1, 2002, into the State Personnel Management System as an employee of the Child Support Administration of the Maryland Department of Human Services;
      2. (ii) elected, under § 2-510 of the Courts Article, to remain as a participant in the Anne Arundel County Retirement and Pension System; and
      3. (iii) remains as an employee of the Child Support Administration of the Maryland Department of Human Services or an attorney employed to represent the Child Support Administration;
   9. (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. (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. (11) the Director of the Department of Social Services in Montgomery County who:

       1. (i) was transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services;
       2. (ii) elected, under § 3-403.1 of the Human Services Article, to remain as a participant in the Montgomery County Employees' Retirement System; and
       3. (iii) remains as an employee of the Social Services Administration of the Maryland Department of Human Services.

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 1994, c. 601, § 3, eff. Oct. 1, 1994; Acts 1995, c. 556, § 1, eff. July 1, 1995; Acts 1998, c. 467, § 1, eff. July 1, 1998; Acts 1998, c. 585, § 3, eff. Jan. 1, 1999; Acts 1999, c. 522, § 1, eff. July 1, 1999; Acts 2000, c. 397, § 1, eff. July 1, 2000; Acts 2000, c. 458, § 1, eff. June 1, 2000; Acts 2000, c. 474, § 1, eff. June 1, 2000; Acts 2001, c. 693, § 1, eff. July 1, 2001; Acts 2002, c. 127, § 1, eff. July 1, 2002; Acts 2002, c. 303, § 2, eff. Jan. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2004, c. 25, § 5, eff. April 13, 2004; Acts 2004, c. 532, § 2, eff. Jan. 1, 2005; Acts 2006, c. 239, § 1, eff. July 1, 2006; Acts 2006, c. 627, § 1, eff. July 1, 2006; Acts 2007, c. 334, § 1, eff. July 1, 2007; Acts 2007, c. 455, § 1, eff. July 1, 2007; Acts 2007, c. 455, § 2, eff. Oct. 1, 2007; Acts 2008, c. 170, § 1, eff. July 1, 2008; Acts 2008, c. 171, § 1, eff. July 1, 2008; Acts 2009, c. 413, § 1, eff. July 1, 2009; Acts 2009, c. 631, § 1, eff. July 1, 2009; Acts 2009, c. 632, § 1, eff. July 1, 2009; Acts 2013, c. 73, § 2, eff. July 1, 2013; Acts 2013, c. 74, § 2, eff. July 1, 2013; Acts 2014, c. 45, § 1, eff. April 8, 2014; Acts 2014, c. 635, § 1, eff. July 1, 2014; Acts 2015, c. 182, § 1, eff. July 1, 2015; Acts 2015, c. 414, § 1, eff. Oct. 1, 2015; Acts 2017, c. 62, § 6; Acts 2023, c. 254, § 5, eff. May 3, 2023; Acts 2023, c. 255, § 5, eff. May 3, 2023.

Formerly Art. 73B, §§ 1-507, 3-506, 4-101, 4-201, 10-101, 10-102, 10-108.