4474

LAWS OF MARYLAND

Ch. 820

serving on a temporary basis. The term "employee" also
shall include any person who was regularly employed by
Miners' Hospital in Frostburg and who was a member of the
retirement system at the time it was transferred from State
ownership, and who continues in employment at the hospital
after the transfer, so long as all contributions to the
retirement system which are required from both employees and
employer are made when and as payable. From and after the
time the hospital is transferred from State ownership, the
State no longer has the responsibility of paying the
employer's share of the 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.

39.

(c) Any political subdivision which shall feel
aggrieved by the decision or action of the State Agency may
appeal from such decision or action of said State Agency to
the circuit court of the county in which its principal
office is located[, or if located in Baltimore City, to the
Superior Court of Baltimore City,] for the purpose of haying
the decision or action of the State Agency reviewed. An
appeal may be taken from the decision of the circuit court
[or the superior court] to the Court of Special Appeals by
any party to the proceeding. The State Agency may stay its
action pending the determination of the appeal.