HARRY HUGHES, Governor

167

(d) Elections to participate in an optional
retirement program shall be made as follows:

(1)   Eligible employees initially appointed on
or after the effective date of the establishment of an
optional retirement program shall elect (i) to join the
Teachers' Retirement System of the State of Maryland OR ON
OR AFTER JANUARY 1, 1980 THE PENSION SYSTEM FOR THE TEACHERS
OF THE STATE OF MARYLAND in accordance with the provisions
of law applicable thereto or (ii) to participate in the
optional retirement program established pursuant to this
section. This election shall be in writing and filed with
the Teachers' Retirement System OR ON OR AFTER JANUARY 1,
1980 THE PENSION SYSTEM FOR THE TEACHERS OF THE STATE OF
MARYLAND and with the employing institution and shall be
effective as of the date of entry into service.

(2)   (I) Eligible employees initially
appointed prior to the effective date of the establishment
of an optional retirement program, within a period of time
prescribed by the employing institution which shall not
exceed 80 days from the effective date, may elect to
participate in the optional retirement program. The
election shall be in writing and filed with the Teachers'
Retirement System and with the employing institution and
shall become effective on the first day of July coinciding
with or next following the date of the election and shall
constitute a waiver of all rights and benefits provided by
the Teachers' Retirement System, except as otherwise
provided.

(II) ELIGIBLE EMPLOYEES INITIALLY
APPOINTED BEFORE THE EFFECTIVE DATE OF THE ESTABLISHMENT OF
AN OPTIONAL RETIREMENT PROGRAM WHO DID NOT ELECT TO
PARTICIPATE IN THE OPTIONAL RETIREMENT PROGRAM, ON OR AFTER
JANUARY 1, 1980, MAY TRANSFER FROM THE TEACHERS' RETIREMENT
SYSTEM TO THE PENSION SYSTEM FOR TEACHERS OF THE STATE OF
MARYLAND. ELIGIBLE EMPLOYEES INITIALLY APPOINTED BEFORE THE
EFFECTIVE DATE OF THE ESTABLISHMENT OF AN OPTIONAL PROGRAM
WHO ELECT TO TRANSFER FROM THE TEACHERS' RETIREMENT SYSTEM
TO THE PENSION SYSTEM FOR THE TEACHERS OF THE STATE OF
MARYLAND MAY NOT TRANSFER TO AN OPTIONAL RETIREMENT PROGRAM.

(3)   Any State employee who becomes eligible to
elect an optional retirement program by reason of (i) the
certification of the position held by him as professional
staff pursuant to §§ 81(2) and (3) AND (4), 99, or 100 of
this article or §§ 12-104(d), 14-104(d), or 16-105 of the
Education Article, or (ii) his appointment, promotion,
transfer or reclassification to a position previously so
certified, may elect the optional retirement program
established pursuant to this section. This election shall
be made in writing and filed with the retirement system and
with the employing institution within 90 days after notice
in writing to the employee of his eligibility, and shall
become effective on the first day of July coinciding with or