MARVIN MANDEL, Governor                            2469

THEREAFTER, THE EMPLOYEE DOES NOT APPLY FOR RETIREMENT,
HE SHALL MAINTAIN HIS EMPLOYMENT STATUS, UNLESS HIS
DEPARTMENT HEAD REQUESTS THAT THE EMPLOYEE BE RETIRED.
AT THAT TIME, THE EMPLOYEE SHALL BE GIVEN A FULL HEARING.
IF THE EMPLOYEE CONTINUES IN SERVICE AT THE AGE OF
SEVENTY YEARS OR THEREAFTER, HIS EMPLOYMENT SHALL NOT ACT
AS A BAR TO ANY SUBSEQUENT FILING FOR RETIREMENT
BENEFITS.]]

[[(B)]] (A) THERE IS HEREBY CREATED THE MARYLAND
EMPLOYEES RETIREMENT REVIEW BOARD. THE BOARD SHALL BE
COMPOSED OF [[SEVEN]] SIX MEMBERS INCLUDING THE
FOLLOWING: THE SECRETARY OF PERSONNEL OR HIS DESIGNATE;
[[THE ASSISTANT SECRETARY OF PERSONNEL FOR RETIREMENT
SYSTEMS OR HIS DESIGNATE; A REPRESENTATIVE SELECTED BY
THE MARYLAND CLASSIFIED EMPLOYEES ASSOCIATION; A
REPRESENTATIVE SELECTED BY THE AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL EMPLOYEES]] THE STATE
DIRECTOR ON AGING; A PHYSICIAN DESIGNATED BY THE
SECRETARY OF THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE;
AND THREE MEMBERS APPOINTED BY THE GOVERNOR TO REPRESENT
THE PUBLIC AT LARGE. THE THREE MEMBERS APPOINTED BY THE
GOVERNOR SHALL SERVE UNTIL JUNE 30, 1975. THEREAFTER,
MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE TERMS OF
FOUR YEARS. FOUR MEMBERS OF THE BOARD IS A QUORUM.

[[(C)]] (B) THE BOARD SHALL DETERMINE ALL RETIREMENT
CASES BROUGHT BEFORE IT BY A MEMBER OR THE HEAD OF HIS
DEPARTMENT. SUBJECT TO THE PROVISIONS OF PARAGRAPH
11(1)(B) OF THIS SECTION, THE BOARD MAY RETIRE THE
EMPLOYEE, MAY PERMIT HIM TO CONTINUE IN EMPLOYMENT, MAY
RECOMMEND THAT HE BE TRANSFERRED TO ANOTHER POSITION IN
THE STATE SERVICE, OR MAY RECOMMEND THAT HE BE PLACED ON
A PART-TIME EMPLOYMENT BASIS.

(C) THE BOARD SHALL PROMULGATE RULES AND
REGULATIONS FOR APPLICATIONS, AND HEARING AND APPEAL
PROCEDURES IN ACCORD WITH ARTICLE 41 §§244 TO 256.

[[AN APPLICATION FOR RETIREMENT SHALL NOT BE FILED
MORE THAN ONCE A YEAR BY THE HEAD OF THE EMPLOYEE'S
DEPARTMENT.]]

SECTION 4. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1974.

Approved May 31, 1974.

CHAPTER 721