3902

LAWS OF MARYLAND

Ch. 762

(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 EMPLOYEES'
RETIREMENT SYSTEM OR the Teachers' Retirement System of the
State of Maryland or on or after January 1, 1980 the PENSION
SYSTEM FOR THE EMPLOYEES OF THE STATE OF MARYLAND OR 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] THE RESPECTIVE SYSTEM
and with the employing institution.

(2)  (i) Eligible employees initially appointed
prior to the effective date of the establishment of an
optional retirement program may elect to participate in the
optional retirement program. The election shall be in
writing and filed with the EMPLOYEES' RETIREMENT SYSTEM, THE
PENSION SYSTEM FOR EMPLOYEES OF THE STATE OF MARYLAND, THE
Teachers' Retirement System or the Pension System for the
teachers of the State of Maryland and with the employing
institution at least 90 days before THE EFFECTIVE DATE OF
THE ELECTION. The election shall constitute a waiver of all
rights and benefits provided by the [Teachers' Retirement
System] RESPECTIVE SYSTEM, except as otherwise provided.

(ii) Eligible employees who have not
elected to transfer to the Pension System for employees of
the State of Maryland or the Pension System for teachers of
the State of Maryland by July 1, 1981, may not so transfer
and thereafter elect to participate in the 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]
RESPECTIVE 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 next following the date of the
election] AT LEAST 90 DAYS BEFORE THE EFFECTIVE DATE OF THE
ELECTION and shall constitute a waiver of all rights and
benefits provided by the [Teachers' Retirement System]
RESPECTIVE SYSTEM, except as otherwise provided.