Theodore R. McKeldin, Governor                   215

Acts of 1955, to clarify the eligibility of Public School Teachers and
Teachers in Public Institutions of Higher Learning to the benefits
of Social Security; to provide that protection afforded employees
under the existing retirement system will not be impaired as a
result of the proposed Social Security agreement.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sub-section 39 (b) of Article 73B of the Annotated Code of
Maryland (1955 Supplement), title "Pensions", sub-title "Social
Security Benefits", be and the same is hereby repealed; that Sec-
tion 2 of Chapter 636 of the Acts of 1955 be and the same is hereby
repealed; that Section 31 and Sub-sections 32 (b), 33 (a) (4) and 34
(a) (6) of said Article 73B be repealed and re-enacted, with amend-
ments, to read as follows:

31. Declaration of Policy.

In order to extend to employees of the State of Maryland and the
political sub-divisions of the State of Maryland and to the dependents
and survivors of such employees, the basic protection accorded to
others by the old age and survivors' insurance system embodied in
the Social Security Act of the United States, it is hereby declared to
be the policy of the legislature, subject to the limitations of this sub-
title, that such steps be taken as to provide such protection to em-
ployees of the State of Maryland and the political sub-divisions of
the State of Maryland on as broad a basis as is permitted under the
Social Security Act. It is also the policy of the legislature that the
protection afforded employees in positions covered by a retirement
system on the date an agreement under this sub-title is made applica-
ble to service performed in such positions, or receiving periodic bene-
fits under such retirement system at such time, will not be impaired
as a result of making the agreement so applicable or as a result of
legislative enactment in anticipation thereof.

32 (b). Employment,—The term "employment" means any service
performed by an employee of the State of Maryland [and] or any
political sub-division of the State, including teachers in the public
schools and in public institutions of higher learning, for such em-
ployer, except (1) service which in the absence of an agreement
entered into under this sub-title would constitute "employment" as
defined in the Social Security Act; or (2) service which under the
Social Security Act may not be included in an agreement between the
State and Secretary of Health, Education and Welfare entered into
under this sub-title; or (3) any services of an emergency nature,
any agricultural labor or service performed by a student which is
excluded from employment by any provision of Section 210 (a) of
the Social Security Act, other than Paragraph 8 of such section,
services in any class or classes of positions filled by popular election,
or services in any class or classes of positions the compensation for
which is on a fee basis, if excepted from coverage in the plan sub-
mitted under Section 34. Service which under the Social Security Act
may be included in an agreement only upon certification by the Gov-
ernor in accordance with Section 218 (d) (3) of that Act shall be
included in the term "employment" if and when the Governor issues,
with respect to such service, a Certificate to the Secretary of Health,
Education and Welfare pursuant to Section 38 (c) of this sub-title.