2444

LAWS OF MARYLAND

Ch. 84 0

ACT (CETA) PROJECT PUBLIC SERVICE EMPLOYMENT PROGRAM. shall
be entitled to membership in the Employees' Retirement
System of the State of Maryland as provided by this article
and subsequent amendments thereto. Provided, however, that
the officers and employees of any municipal corporation
shall not be included in said Employees' Retirement System
of the State without the approval of the legislative body of
any such municipal corporation. Should the legislative body
of any municipal corporation on or after January 1, 1946.
give its approval to the participation of its officers and

employees in the said Employees' Retirement System of the

State as hereinabove provided, such employees shall be
eligible to participate in said Employees1 Retirement System
of the State as specifically provided hereinafter for such
employees.

     SECTION 1 2. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND AND BE IT FURTHER ENACTED, That section(s) of the

Annotated Code of Maryland (as enacted by Chapter of

the Acts of the General Assembly of 1978) be repealed.
amended, or enacted to read as follows:

Article 73B — Pensions

81.

In this subtitle the following words have the meanings
indicated unless the context requires otherwise:

(3) "Teacher" means any teacher, helping
teacher, principal, supervisor or superintendent, attendance
officer, or clerk employed in a public day school within the
state or in any state educational institution supported and
controlled by the State. THE TERM DOES NOT INCLUDE A
TEACHER, HELPING TEACHER, OR OTHER EMPLOYEE MHO IS EMPLOYED
PURSUANT TO A FEDERAL COMPREHENSIVE EMPLOYMENT AND TRAINING
ACT (CETA) PROJECT PUBLIC SERVICE EMPLOYMENT PROGRAM. In
all cases of doubt the board of trustees hereinafter
defined, shall determine whether any person is a teacher as
defined in this article.

102.

[(b)] (1) The professional and clerical employees of
any library established or operating under the provisions of
Title 23 of the Education Article are included in the
definition of "teacher" and "member," as those terms are
defined respectively in subsections (3) and (4) of § 81 of
this subtitle, and all such professional and clerical
employees are entitled to all the rights and privileges and
subject to all of the obligations of the Teachers'
Retirement System as established and maintained under this
subtitle EXCEPT AS PROVIDED IN PARAGRAPH (4) OF THIS
SUBSECTION; provided, however, that each professional and
clerical employee of the department of public libraries of
Montgomery County WHO IS COVERED UNDER THE TEACHERS'
RETIREMENT SYSTEM may elect to transfer to the employees'