HARRY HUGHES, Governor

3185

contributions. The term "employee" also shall, on and after
June 1, 1961, include any person who is regularly employed
by the State Military Department as a National Guard
technician, although paid by or from federal appropriated
funds, provided the employer's contribution to the
retirement system, when and as payable, shall be made by the
United States, or otherwise, and provided the State shall
not be responsible for payment of such employer's
contribution. The term "employee" also includes all the
several classes of assessors, including supervisors and
assistants, for whom the State pays a portion of annual
salary under the provisions. of the subtitle "State
Department of Assessments and Taxation" in Article 81 of
this Code; but the term "employee" does not include any such
assessor who is a member of a retirement or pension system
operated by a political subdivision of this State. The term
"employee" also includes regular and full-time staff members
of the Commission to Revise the Annotated Code and of any
successor agency or agencies. In all cases of doubt, the
board of trustees, provided for in § 12 of this article,
shall determine whether any person is an employee as defined
in this article, irrespective of the method of payment. The
term "employee" also includes "additional employees" of the
Maryland Racing Commission as that term is defined in § 5(a)
of Article 78B of the Code. However, eligibility for
membership of these "additional employees" shall be
determined by the board of trustees. The term "employee"
does not include a person who is employed pursuant to a
federal Comprehensive Employment and Training Act (CETA)
public service employment program.

3.

The membership of the retirement system shall consist
of the following:

(8) (a) Any person who is a member of the
retirement system, established by this subtitle, on December
31, 1979 shall continue to be a member unless on January 1,
1980 or the first day of any month thereafter he becomes a
member of the Pension System for Employees of the State of
Maryland by filing with the board of trustees, at least 90
days before, on the form the board requires an executed
waiver of all benefits which might inure to him under this
retirement system.

(b) Any person who is not a member of the

retirement system, established under this article, on

December 31, 1979 or who becomes an employee on or after

that date may not be eligible for membership in this
retirement system.

[(c) Paragraphs (a) and (b) of this subsection
do not apply to any judge as defined in subtitle "Pensions
of Judges and Their Surviving Spouses" in this article.]