358 LAWS OF MARYLAND. [CH. 330

the Annotated Code of Maryland (1939 Ed. ), title "Pen-
sions", as said Article was enacted by Chapter 377 of
the Acts of 1941, to provide for the inclusion of all regu-
lar employees of the State Roads Commission, including
those engaged on county roads maintenance, in the Em-
ployees' Retirement System of the State of Maryland.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That sub-sections 3, 7, 8 and 10 of Section 1,
sub-section 4 of Section 3, and sub-section 1 of Section 4
of Article 73B of the Annotated Code of Maryland (1939
Ed. ), title "Pensions", as said Article was enacted by Chap-
ter 377 of the Acts of 1941, be and the same are hereby
repealed and re-enacted with amendments so as to read
as follows:

(3) "Employee" shall mean any regular classified or un-
classified officer or employee of the State for whom com-
pensation is provided for by State appropriation, or whose
compensation is paid from State funds, including all reg-
ular employees of the State Roads Commission, whether
classified or unclassified and whether paid on an annual,
daily or hourly basis, and shall expressly include those en-
gaged in work on the maintenance of county roads under
the supervision of the State Roads Commission. Provided,
however, that all unclassified persons working for the State
Roads Commission or on County Roads under the super-
vision and control of the State Roads Commission on an
hourly basis who have not been regularly employed in such
work f or a period of one year, shall not be eligible for mem-
bership until they shall have been so regularly employed
for a period of one year. The term "employee" shall in-
clude any appointed or elected employee of the State, and
any clerk of court and register of wills, and shall include
the sheriff of Baltimore City and the employees of his office.
It shall exclude any person who is a member of or eligible
to membership in the Teachers' Retirement System of the
State of Maryland or the State Police Pension Fund or
the Judges Retirement System and any class of employees
whose compensation is only partly paid by the State or who
are serving on a temporary basis. In all cases of doubt,
the Board of Trustees, provided for in Section 6 of this
Article, shall determine whether any person is an employee
as defined in this Article, irrespective of the method of
payment.

(7) "Service" shall mean* service as employee paid for
by the State, and service as a worker on county road sys-
tems in those counties where maintenance of roads is
supervised by the State Roads Commission.