WILLIAM DONALD SCHAEFER, Governor Ch. 246

[(3)] (2) Board of trustees of St. Mary's College of
Maryland;

[(4)] (3) State Board for Community Colleges with
respect to any community college or regional community college
established under Title 16 of the Education Article;

[(5) State Board for] (4) MARYLAND Higher Education
COMMISSION; and

[(6)] (5) Board of regents of Morgan State
University.

(b) (2) An eligible employee is any person who is a member
of or eligible for membership in 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 who is:

(i) A member of the faculty at any of the
institutions set forth in subsection (a) of this section;

(ii) A professional employee at any community
college or regional community college;

(iii) A University of Maryland SYSTEM employee
who is not designated to be treated as a classified employee by
the University under § 13-lA-02(b) of the Education Article; or

(iv) A person who:

1.  Is employed [by a university or
college that is under the jurisdiction of the board of trustees
of State universities and colleges, as provided under Title 14 of
the Education Article, or is employed] by Morgan State University
or St. Mary's College of Maryland; and

2.  Who is not subject to the Merit System
Law.

(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),] 11-204(A) 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

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