WILLIAM DONALD SCHAEFER, Governor                         Ch. 468

14-208.

(c) (1) Except as provided in paragraph (2) of this subsection, an employee of
the College qualifies for and shall participate in the [State] Employees' Pension System
OF THE STATE OF MARYLAND or the [State] Teachers' Pension System OF THE STATE
OF MARYLAND.

(2) An employee in a position determined by the Board to be a professional
or faculty position may join the optional retirement program under [Article 73B, Title 11
of the Code] TITLE 30 OF THE STATE PERSONNEL AND PENSIONS ARTICLE.

16-403.1.

(a)     In this section, "Agency" means the [Maryland] State Retirement Agency.

(b)     The [Maryland State Retirement] Agency may at any time examine the
records of public junior or community colleges to determine whether the State's payments
for retirement contributions for employees of the public junior or community colleges are
in accordance with the provisions of [Article 73B of the Code] DIVISION II OF THE
STATE PERSONNEL AND PENSIONS ARTICLE.

(c)     (1) (i) If an examination of the records of a public junior or community
college shows that the State has paid more than is required under [Article 73B of the
Code] DIVISION II OF THE STATE PERSONNEL AND PENSIONS ARTICLE, within 30 days
after the date of the notice to the junior or community college of the State overpayment,
the junior or community college may appeal the notice of State overpayment to the
Secretary of Budget and Fiscal Planning who shall appoint a hearing examiner.

(2) If a public junior or community college does not appeal to the Secretary
of Budget and Fiscal Planning or if the Secretary of Budget and Fiscal Planning
determines that the State is due reimbursement for excess payments, as provided in
paragraph (1) of this subsection, at the request of the [Maryland State Retirement]
Agency the moneys owed shall be deducted from any other State funds that would
otherwise be paid to the public junior or community college.

23-403.1.

(a)     In this section, "Agency" means the [Maryland] State Retirement Agency.

(b)     The [Maryland State Retirement] Agency may at any time examine the
records of public libraries to determine whether the State's payments for retirement
contributions for employees of the public libraries are in accordance with the provisions
of [Article. 73B of the Code] DIVISION II OF THE STATE PERSONNEL AND PENSIONS
ARTICLE.

(c)     (1) (i) If an examination of the records of a public library shows that the
State has paid more than is required under [Article 73B of the Code] DIVISION II OF
THE STATE PERSONNEL AND PENSIONS ARTICLE, within 30 days after the date of the"
notice to the library of the State overpayment, the public library may appeal the notice of
State overpayment to the Secretary of Budget and Fiscal Planning who shall appoint a
hearing examiner.

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