2042                                          LAWS OF MARYLAND                      [Ch. 603

subdivision of this State. The tern "employee" also
includes regular and full—time staff members of the
Commission to Revise the Annotated Code and of any
successor agency or agencies. In all cases of doubt, the
board of trustees, provided for in § 11 of this article,
shall determine whether any person is an employee as
defined in this article, irrespective of the method of
payment. The term "employee" also includes [those
"contractual service11] "ADDITIONAL employees" of the
Maryland Racing Commission [who receive salary payments
from the state subject to reimbursement to the State by
licenses of the Racing Commission under Article 78B of
the Code, provided that the employer's contribution to
the retirement system, when and as payable, shall be made
by the Maryland Racing Commission, and provided that the
State is not responsible for payment of the employer's
contribution] AS THAT TERM IS DEFINED IN SECTION 5(A) OF
ARTICLE 78B OF THE CODE. HOWEVER, ELIGIBILITY FOR
MEMBERSHIP OF THESE "ADDITIONAL EMPLOYEES" SHALL BE
DETERMINED BY THE BOARD OF TRUSTEES.

SECTION 2. AND BE IT FURTHER ENACTED, That new
Section 3(8) be and it is hereby added to Article 73B —
Pensions, of the Annotated Code of Maryland (1970
Replacement Volume and 1973 Supplement) to read as
follows:

Article 73B — Pensions
3.

(8) ANY "ADDITIONAL EMPLOYEE" OF THE MARYLAND
RACING COMMISSION WHOSE SALARY PAYMENTS FROM THE STATE
ARE SUBJECT TO REIMBURSEMENT TO THE STATE BY LICENSEES OF
THE RACING COMMISSION UNDER ARTICLE 78B OF THE CODE, MAY
BECOME A MEMBER OF THE RETIREMENT SYSTEM AS A CONDITION
OF EMPLOYMENT, SUBJECT TO HIS ELIGIBILITY FOR MEMBERSHIP
BEING DETERMINED BY THE BOARD OF TRUSTEES OF THE
RETIREMENT SYSTEM. SUCH EMPLOYEE MAY RECEIVE CREDIT FOR
SERVICE PERFORMED WITH THE COMMISSION PRIOR TO JULY 1,
1974, IF HE PAYS BOTH HIS AND THE EMPLOYER'S SHARE OF
CONTRIBUTIONS TO THE RETIREMENT SYSTEM, TOGETHER WITH
REGULAR INTEREST THEREON. FROM AND AFTER JULY 1, 1974,
THE EMPLOYER'S SHARE OF THE CONTRIBUTION SHALL BE AN
OBLIGATION OF THE RACE TRACKS OF THE STATE AND SHALL BE
PAID IN THE MANNER AS THE SALARY PAYMENTS UNDER ARTICLE
78B ARE MADE.

SECTION 3. AND BE IT FURTHER ENACTED, That Section
5 (a) of Article 78B — Racing Commission, of the Annotated
Code of Maryland (1969 Replacement Volume and 1973
Supplement) be and it is hereby repealed and re—enacted,