2526

LAWS OF MARYLAND

Ch. 254

(2) ANY PERSON WHO IS FIRST APPOINTED TO A
PERMANENT MERIT SYSTEM POSITION OR UNCLASSIFIED POSITION AT
THE AGE OF 70 OR OLDER SHALL NOT BE ELIGIBLE FOR MEMBERSHIP
IN THE PENSION SYSTEMS OF THE STATE.

(3) IF A MEMBER WHO IS OVER 70 YEARS OLD DESIRES
TO CONTINUE EMPLOYMENT, THE MEMBER SHALL APPLY FOR
CONTINUATION ON AN ANNUAL BASIS ON THE FORM PROVIDED BY THE
SECRETARY OF PERSONNEL. THE APPLICATION FOR CONTINUATION OF
EMPLOYMENT, IN THE FIRST INSTANCE, SHALL BE SUBMITTED, NOT
LESS THAN 30 NOR MORE THAN 90 DAYS BEFORE THE END OF THE
FISCAL YEAR TO THE MEMBER'S DEPARTMENT HEAD AS WELL AS TO
THE AGENCY THAT DETERMINES A MEMBER'S EMPLOYMENT STATUS. IN
THE CASE OF A DEPARTMENT HEAD, THE APPLICATION SHALL BE
SUBMITTED ONLY TO THE AGENCY THAT DETERMINES EMPLOYMENT
STATUS.

(4) IF THE WRITTEN NOTICE BY THE EMPLOYEE IS NOT
APPROVED, THE EMPLOYEE, ON HIS REQUEST, SHALL BE GIVEN A
HEARING BEFORE THE MARYLAND EMPLOYEES RETIREMENT REVIEW
BOARD.

(5) IF THE WRITTEN APPLICATION BY THE EMPLOYEE
IS APPROVED, EMPLOYMENT SHALL BE AUTHORIZED FOR 1 YEAR.
FURTHER CONTINUATION OF EMPLOYMENT SHALL BE BASED ON THE
EXECUTION OF THE APPROPRIATE APPLICATION FORM NOT LESS THAN
30 NOR MORE THAN 90 DAYS BEFORE EACH AUTHORIZED YEAR IS
COMPLETED.

(6) THE PROVISIONS OF THIS SECTION ARE OF NO
FURTHER EFFECT AND MAY NOT BE ENFORCED AFTER JUNE 30, 1985.

(3) The Director on Aging and the Secretary of
Personnel shall submit [a] AN ANNUAL report to the General
Assembly no later than the second Wednesday of January[,

1982,] OF EACH YEAR concerning the feasibility and

productivity of employing elderly persons in State agencies.

(4) [The provisions of this subsection shall
remain until June 30, 1982, after which date, without
further action by the General Assembly, this subsection
shall have no force or effect.

(5)] No retired member of a State retirement
system shall be employed in this [demonstration] program.

Article 73B - Pensions

113.

The membership of the pension system shall consist of
the following individuals;

(1) Any person who becomes an employee on or
after the date this pension system is established is a