1. (a) Except as provided in subsection (b) of this section, §§ 23-208 through 23-210 of this subtitle apply only to:

   1. (1) an employee of a day school in the State under the authority and supervision of a county board of education or the Baltimore City Board of School Commissioners, employed as:

      1. (i) a clerk;
      2. (ii) a helping teacher;
      3. (iii) a principal;
      4. (iv) a superintendent;
      5. (v) a supervisor; or
      6. (vi) a teacher;
   2. (2) a faculty employee of an educational institution supported by and under the control of the State;
   3. (3) a librarian or clerical employee of a library that is established or operates under the Education Article;
   4. (4) a professional or clerical employee of a community college that is established or operates under the Education Article;
   5. (5) a staff employee of the University System of Maryland, Morgan State University, or St. Mary's College who is a member of the Teachers' Pension System as of January 1, 1998, or who transfers from the Teachers' Retirement System on or after January 1, 1998; or

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

      1. (i) is a member of the Teachers' Pension System as of October 1, 2002, and does not transfer to the Employees' Pension System in accordance with § 23-202.1 of this subtitle; or
      2. (ii) transfers from the Teachers' Retirement System on or after October 1, 2002.

2. (b) Sections 23-208 and 23-209 of this subtitle do not apply to:

   1. (1) an individual who has elected to participate in an optional retirement program under Title 30 of this article;
   2. (2) an individual who is employed under a federal public service employment program;
   3. (3) a professional or clerical employee of the Department of Public Libraries of Montgomery County who is participating in the Employees' Retirement System of Montgomery County;
   4. (4) a staff employee of the University System of Maryland, Morgan State University, or St. Mary's College who becomes employed on or after January 1, 1998, in a position as a staff employee of the educational institution that was eligible for membership in the Teachers' Retirement System or Teachers' Pension System under Chapter 6, § 8, paragraphs 1(a) and 2(a) of the Acts of 1994;
   5. (5) 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; or
   6. (6) a nonfaculty employee of the Baltimore City Community College who becomes employed on or after October 1, 2002, or who transfers to the Employees' Pension System in accordance with § 23-202.1 of this subtitle.

Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 1996, c. 618, § 2, eff. July 1, 1996; Acts 1998, c. 467, § 1, eff. July 1, 1998; Acts 1999, c. 522, § 1, eff. July 1, 1999; Acts 2002, c. 127, § 1, eff. July 1, 2002; Acts 2004, c. 25, § 5, eff. April 13, 2004; Acts 2004, c. 532, § 2, eff. Jan. 1, 2005.

Formerly Art. 73B, §§ 3-506, 5-101, 5-201.