1390                                      LAWS OF MARYLAND                                Ch. 665

was provided in this section at the time he resigned; and except for a judge who
has resigned or who resigns because of incapacitating illness, no other judge who
has resigned or who resigns prior to reaching his sixtieth birthday is entitled to any
benefits under the provisions of this section UNTIL HE REACHES HIS
SIXTIETH BIRTHDAY WHEN HE SHALL BE ENTITLED TO A PENSION
AS PROVIDED IN THIS SUBSECTION COMPUTED ON HIS YEARS OF
SERVICE AS OF THE DATE OF HIS RETIREMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 24, 1973.

CHAPTER 666
(Senate Bill 234)

AN ACT to repeal and re-enact, with amendments, Section 1 (3) of Article 73B of
Annotated Code of Maryland (1972 Supplement), title "Pensions," subtitle

"In General," to include certain employees of the Maryland Racing
Commission within the definition of "employee" for purposes of the State
Employees' Retirement System and to correct an error therein.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 1 (3) of Article 73B of the Annotated Code of
Maryland (1972 Supplement), title "Pensions," subtitle "In General," be and it is
hereby repealed and re-enacted, with amendments, to read as follows:

1.

(3) "Employee" shall mean any regular classified or unclassified officer or
employee of the State for whom compensation is provided for by State
appropriation, or whose compensation is paid from State funds, including all
regular employees [or] OF the State Highway Administration, whether classified
or unclassified and whether paid on an annual, daily or hourly basis, and shall
expressly include those engaged in work on the maintenance of county roads under
the supervision of the State Highway Administration. The term "employee" shall
include any appointed or elected employee of the State, and any clerk of any 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
OF the State Police Pension Fund or any Judge of the Circuit Court, Supreme
Bench of Baltimore City, Court of Appeals of Maryland, Court of Special
Appeals, and District Courts, and any class of employees whose compensation is
only partly paid by the State or who are serving on a temporary basis. The term
"employee" also shall include any person who was regularly employed by Miners'
Hospital in Frostburg and who was a member of the retirement system at the time
it was transferred from State ownership, and who continues in employment at the
hospital after the transfer, so long as all contributions to the retirement system
which are required from both employees and employer are made when and as
payable. From and after the time the hospital is transferred from State ownership,
the State no longer has the responsibility of paying the employer's share of the
contributions. The term "employee" also 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,