Marvin Mandel, Governor                       1679

State ownership, the State no longer has the responsibility of pay-
ing the employer's share of the contributions. The term "employee"
shall, on and after June 1, 1961, include any person who is regularly
employed by the State Military Department as a National Guard
technician, although paid by or from federal appropriated funds,
provided the employer's contribution to the retirement system, when
and as payable, shall be made by the United States, or otherwise,
and provided the State shall not be responsible for payment of such
employer's contribution. The term "employee" also includes all the
several classes of assessors, including supervisors and assistants,
for whom the State pays a portion of annual salary under the pro-
visions of the subtitle "State Department of Assessments and Taxa-
tion" in Article 81 of this Code; but the term "employee" does not
include any such assessor who is a member of a retirement or pen-
sion system operated by a political subdivision of this State. In all
cases of doubt, the board of trustees, provided for in Section 11 of this
article, shall determine whether any person is an employee as de-
fined in this article, irrespective of the method of payment.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1972.

Approved May 26, 1972.

CHAPTER 645
(House Bill 853)

AN ACT to repeal and re-enact, with amendments, Section 3(1) of
Article 73B of the Annotated Code of Maryland (1970 Replace-
ment Volume), title "Pensions," subtitle "In General"; to repeal
and re-enact, with amendments, Sections 192(1) and 198(6)(c)
of Article 77 of said Code (1969 Replacement Volume and 1971
Supplement), title "Public Education," subtitle "Chapter 17. Teach-
ers' Retirement System"; and to repeal and re-enact, with amend-
ments, Section 51(1) of Article 88B of said Code (1969 Replace-
ment Volume and 1971 Supplement), title "State Police," subtitle
"State Police Retirement System"; to require that new State em-
ployees, teachers and State Policemen as a condition of employ-
ment join their respective retirement systems.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 3(1) of Article 73B of the Annotated Code of Mary-
land (1970 Replacement Volume), title "Pensions," subtitle "In Gen-
eral," be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

3.

(1) Any person who shall become an employee as herein defined
after the date of establishment [may] shall become a member of
the retirement system [at any time within the first two years of
his employment, but if he has not previously joined must become
a member at the end of that period] as a condition of employment,