HARRY HUGHES, Governor                                 169

(i) Any eligible employee electing to participate in
an optional retirement program shall be ineligible for
membership in the Teachers' Retirement System of the State
of Maryland OR THE PENSION SYSTEM FOR THE TEACHERS OF THE
STATE OF MARYLAND so long as he or she is employed in any
eligible position by the employing institution or by any
other institution establishing an optional retirement
program pursuant to this section. The employee shall
participate in the optional retirement program of that
institution.

EMPLOYEES' PENSION SYSTEM

111. DEFINITIONS.

IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(1)   "RETIREMENT SYSTEM" MEANS THE EMPLOYEES'
RETIREMENT SYSTEM OF THE STATE OF MARYLAND.

(2)   "PENSION SYSTEM" MEANS THE PENSION SYSTEM FOR
EMPLOYEES OF THE STATE OF MARYLAND.

(3)   "DEPARTMENT" MEANS ANY STATE AGENCY THAT RECEIVES
STATE APPROPRIATIONS AND EMPLOYS PERSONS WHO ARE, OR WHO ARE
ENTITLED TO BECOME MEMBERS OF THIS PENSION SYSTEM.

(4)   (A) "EMPLOYEE" MEANS ANY REGULAR CLASSIFIED OR
UNCLASSIFIED OFFICER OR EMPLOYEE OF THE STATE FOR WHOM
COMPENSATION IS PROVIDED BY STATE APPROPRIATION, OR WHOSE
COMPENSATION IS PAID FROM STATE FUNDS.

(B)   "EMPLOYEE" INCLUDES ANY:

(I)   APPOINTED OR ELECTED OFFICIAL OF THIS
STATE;

(II)  THE SHERIFF OF BALTIMORE CITY AND THE
EMPLOYEES OF HIS OFFICE;

(III) "ADDITIONAL EMPLOYEE" OF THE MARYLAND
RACING COMMISSION AS DEFINED IN ARTICLE 78B, § 5(A) OF THE
CODE, SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES; AND

(IV)  PERMANENT EMPLOYEE OF THE BOARDS OF
SUPERVISORS OF ELECTIONS AS PROVIDED IN § 113(6)(A) OF THIS
SUBTITLE.

(C)   "EMPLOYEE" DOES NOT INCLUDE:

(I) ANY PERSON WHO IS A MEMBER OF OR
ENTITLED TO BE A MEMBER OF THE TEACHERS' RETIREMENT SYSTEM
OF THE STATE OF MARYLAND, THE STATE POLICE RETIREMENT SYSTEM
OF THE STATE OF MARYLAND, OR THE PENSION SYSTEM FOR TEACHERS
OF THE STATE OF MARYLAND;