Ch. 379

LAWS OF MARYLAND

Section 51A

Annotated Code of Maryland

(1988 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 64A - Merit System

[51A.

(a) An employee who is transferred to the State merit system
according to this section, unless otherwise specified in the
enabling legislation transferring such employee to the State
merit system, shall be appointed without further examination or
qualification. The employee shall be placed in the State
classification that is comparable in duties and responsibilities
to the employee's former position.

(b)  The employee may not suffer a diminution of salary or
wages, accrued leave, whether earned or granted, or seniority
rights. Any increase in salary or wages granted subsequent to
passage of the legislation enabling the transfer, may be retained
on appointment to the classified service only if the Secretary
approves. The Secretary shall consider the monetary value of any
and all other benefits, entitlements, services or prerogatives
and, at his discretion and in consideration of the best interests
of the classified service, may consider these values or a portion
of them when establishing the rate of salary on appointment.
After appointment, the employee is entitled to the same benefits
provided to classified employees established by this article.]

51A.

(A) (1) WHEN THE STATE OR ANY DEPARTMENT OR AGENCY OF THE
STATE ACQUIRES A PRIVATE INSTITUTION OR ENTERPRISE OR ANOTHER
PUBLIC AGENCY OR ENTITY, FOR THE PURPOSE OF OPERATING IT AS A
PUBLIC FUNCTION, THE STATE MAY CONTINUE THE EMPLOYMENT OF ALL
OFFICERS OR EMPLOYEES THEREOF DEEMED NECESSARY WHO SHALL HAVE
BEEN IN THE EMPLOY OF THE PRIVATE INSTITUTION OR ENTERPRISE OR
ANOTHER PUBLIC AGENCY OR ENTITY BEFORE THE ACQUISITION.

(2)  THE POSITIONS HELD BY THESE EMPLOYEES SHALL BE IN
THE UNCLASSIFIED SERVICE, PENDING THE CLASSIFICATION OR
RECLASSIFICATION OF THE POSITIONS AS HEREINAFTER DIRECTED, AND
THE EMPLOYEES SHALL CONTINUE TO BE EMPLOYED IN SIMILAR OR
CORRESPONDING POSITIONS AND SHALL RETAIN THEIR SENIORITY.

(3)  EMPLOYEES IN THESE POSITIONS SHALL BE REQUIRED TO
SERVE THE REQUISITE PROBATION PERIOD.

- 2736 -