WILLIAM DONALD SCHAEFER, Governor

Ch. 6

(4)     AN INDIVIDUAL WHO IS EMPLOYED UNDER A FEDERAL PUBLIC
SERVICE EMPLOYMENT PROGRAM;

(5)      AN ASSESSOR WHO IS A MEMBER OF A RETIREMENT OR PENSION
SYSTEM OPERATED BY A POLITICAL SUBDIVISION OF THE STATE; OR

(6)      AN EMPLOYEE OF A BOARD OF SUPERVISORS OF ELECTIONS WHO
CHOSE TO STAY IN A LOCAL MERIT SYSTEM UNDER ARTICLE 33, § 2-6 OF THE CODE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, §§ 2-101(e)(l), (2), and (3)(i), (iii), and (iv),
2-201(b) and the first sentence of (d), and as they related to membership in
the Employees' Retirement System, § 10-101(c), the second sentence of §
10-102(a), and § 10-108.

This section is set forth as a scope provision instead of a definition since the
definitions of "employee" in former Art. 73B, §§ 2-101(e) and 10-101(c)
served as scope provisions. Also, the former definitions of "employee"
included officials, who are not always considered "employees".

In subsection (a) of this section, the reference to "[a]ny assessor" is deleted as
included in the reference to a "regular employee" in subsection (a)(1) of this
section. The exception relating to an assessor who is a member of a local
system appears in subsection (b)(5) of this section.

In subsection (a)(1) of this section, the reference to "officer" of the State is
deleted as included in the broader reference to "an appointed or elected
official" of the State in subsection (a)(2) of this section.

Also in subsection (a)(1) of this section, the reference to a "regular employee"
is substituted for the former reference to a "regular classified or unclassified
officer or employee" as a result of change in related definitions and scope
provisions in Division I.

In subsection (b)(1) of this section, the reference to "any State system other
than the Employees' Retirement System" is substituted for "any other system
of the several systems" to reflect that the provisions for both the Employees'
Retirement System and the Teachers' Retirement System are consolidated in
this title.

In subsection (b)(2) of this section, the reference to the "Employees' Pension
System" is added since all members of the Employees' Retirement System are
entitled to transfer to the Employees' Pension System.

In subsection (b)(3) of this section, the reference to an "emergency" employee
is added and the term "temporary extra" is substituted for the former
reference to an employee who serves on a "temporary basis" for clarity
because contractual, emergency, and temporary extra employees are not
classified or unclassified service employees. See, e.g., § 1-501 of this article in
which those categories of employees are specifically excluded from the
classified or unclassified service. Also excluded from the classified or
unclassified service are "temporary pending employees". They are not

- 445 -