88

LAWS OF MARYLAND

Ch. 23

federal funds, the State's contribution to such optional
retirement program shall be paid from the special and/or
federal funds.

(f) Any eligible employee who is a member of the
Teachers' Retirement System OR THE PENSION SYSTEM FOR THE
TEACHERS of the State of Maryland at the time he elects to
participate in an optional retirement program established
pursuant to this section shall be deemed to be a person who
discontinues service in the Teachers' Retirement System OR
THE PENSION SYSTEM FOR THE TEACHERS on the effective date of
the election for the purpose of determining his eligibility
for immediate vested rights and benefits in the Teachers'
Retirement System OR THE PENSION SYSTEM FOR THE TEACHERS.
However, any such person shall not withdraw his accumulated
contributions in the Annuity Savings Fund as long as he
continues in the employment of a State institution whose
employees are eligible for membership in the Teachers'
Retirement System OR THE PENSION SYSTEM FOR THE TEACHERS.
These benefits shall be computed only on the basis of years
of service otherwise creditable to him as a contributing
member of the Teachers' Retirement System OR THE PENSION
SYSTEM FOR THE TEACHERS.

(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.