5252

VETOES

exclude any person who is a member of or eligible to
membership in the Teachers' Retirement System of the State
of Maryland or of the State Police [Pension Fund] RETIREMENT
SYSTEM or any judge of the circuit courts, Supreme Bench of
Baltimore City, Court of Appeals of Maryland, Court of
Special Appeals, and District Courts or any commissioner of
the Workmen's Compensation Commission, and any class of
employees whose compensation is only partly paid by the
State or who are 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.

3.

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