Ch. 10

1993 LAWS OF MARYLAND

(2) IF A POSITION FOR WHICH AN EMERGENCY APPOINTMENT IS MADE
CANNOT OTHERWISE BE FILLED WHEN THE PERIOD OF THE EMERGENCY
APPOINTMENT ENDS, THE SECRETARY MAY EXTEND THE APPOINTMENT FOR THE
DURATION OF:

(I)      ANY WAR IN WHICH THE UNITED STATES IS ENGAGED;

(II)     ANY NATIONALLY-DECLARED EMERGENCY; OR

(III)   AFTER A WAR OR NATIONALLY-DECLARED EMERGENCY HAS
ENDED, ANY PERIOD FOR WHICH THE SECRETARY, WITH APPROVAL OF THE
GOVERNOR, FINDS THAT AN EMERGENCY STILL EXISTS.                                   

(C) BENEFITS.

AN EMERGENCY EMPLOYEE IS ENTITLED TO BENEFITS UNDER THE
MARYLAND WORKERS' COMPENSATION ACT, BUT IS NOT ELIGIBLE FOR
MEMBERSHIP IN ANY RETIREMENT OR PENSION SYSTEM UNDER ARTICLE 73B OF
THE CODE.

REVISOR'S NOTE: This section is new language- derived without substantive
change from former Art. 64A, §§ 1(9) and 24(b).

In subsection (a)(1)(i) of this section, the reference to "certification" of a list
of eligible candidates by the Secretary is substituted for the former, misleading
reference to the "appointment" by the Secretary for accuracy. Accordingly, in
the introductory language of subsection (a)(1) of this section, the words who
has not been certified by the Secretary" are added.

In the introductory language of subsection (b)(2) of this section, the reference
to extending the "appointment" is substituted for the former reference to
extending "employment" for clarity and consistency.

In subsection (c) of this section, the reference to "any retirement or pension
system under Article 73B of the Code" is substituted for the former reference
to the "State Employees' Retirement System" to reflect that there are several
retirement systems and pension systems available to State employees.

As to subsection (a) of this section, the State Personnel Article Review..
Committee notes, for consideration by the General Assembly, that it is unclear
whether the reference to an "officer" authorized to make an emergency
appointment, derived from former Art. 64A, § 24(b), is intended to be
interpreted narrowly or broadly. The General Assembly may wish to clarify
which individuals the appointing authority may designate.

Also, as to subsection (c) of this section, the State Personnel Article Review
Committee notes that, while former Art. 64A, § 24(b) provided that
emergency employees are entitled to benefits under the Workers'.
Compensation laws and are not entitled to State pension and retirement
benefits, former § 24(a) (now § 12-102 of this subtitle) contained no similar
provisions for temporary extra employees, nor are any similar provisions
specified for contractual employees. Entitlement to coverage under the

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