HARRY HUGHES, Governor

861

(3)  Notwithstanding any other provision of this article or
other statute, the State of Maryland shall make contributions to
the retirement and pension system, and contributions for the
employer's share for social security, for the benefit of the
professional and clerical employees of the department of public
libraries of Montgomery County and the Washington County Free
Library in the same manner and to the same extent as such
contributions are made for the professional and clerical
employees for other county public libraries of this State under
the terms and provisions of § 89(4) of this subtitle or other
statute relating to such contributions. Contributions hereunder
shall be made to the retirement system in which such employees
are members. The State of Maryland shall continue to make such
contributions for all professional and clerical employees of the
department of public libraries of Montgomery County after
transfer to the employees' retirement system of Montgomery County
or such other qualified retirement system as provided in
[paragraph] SUBSECTION (1) of this section, as if such employees
continued under the retirement system. Provided, however, that
Montgomery County shall provide by ordinance, resolution, rule or
regulation that upon transfer of an employee the employers' and
employees' contributions with credited interest shall be
transferred from the employees' retirement system of Montgomery
County to such other qualified retirement system.

110.

(d) Elections to participate in an optional retirement
program shall be made as follows:

(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 respective system and with the employing institution at least
90 days before the effective date of the election and shall
constitute a waiver of all rights and benefits provided by the
respective system, except as otherwise provided.

111.

In this subtitle the following words have the meanings
indicated.

(4)  (c) "Employee" does not include:

(i) Any person who is a member of or entitled
to be a member of the Teachers' Retirement System of the State of
Maryland, the State Police Retirement System of the State of
Maryland, or the Pension System for Teachers of the State of
Maryland;