Ch. 6                                            1994 LAWS OF MARYLAND

excluded from membership in the Employees' Retirement System under
subsection (b)(3) of this section because under current practice they are
treated as members since they are temporary only in the sense that their
permanent employment is pending until results of their examinations are
known.

Former Art. 73B, § 2-101(e)(3)(ii), which excluded from membership in the
Employees' Retirement System a class of employee only partially
compensated by the State, is deleted as inaccurate in light of long-standing
administrative practice.

The first sentence of former. Art. 73B, § 3-505(a)(l), as it related to
employees of the University of Baltimore becoming members of the
Employees' Retirement System, is deleted as unnecessary since those
employees would be considered State employees who would be members of
the Employees' Pension System or Employees' Retirement System as a
condition of employment. For the provision relating to employees of the
University of Baltimore who are members of the Teachers' Retirement
System, see § 22-205 of this subtitle.

As to former Art. 73B, § 2-101(e)(4), which gave the Board of Trustees
authority to determine membership in cases of doubt, see § 22-204 of this
subtitle.

"Defined terms: "County" § 20-101

"Employees' Pension System" § 20-101
"Employees' Retirement System" § 20-101
"Member" § 20-101

"Participating governmental unit" § 20-101
"State system" § 20-101

22-202. SAME — CONDITIONS AND RESTRICTIONS.

. (A) MEMBERSHIP AS A CONDITION OF EMPLOYMENT.

EXCEPT AS PROVIDED IN § 22-203 OF THIS SUBTITLE, AN INDIVIDUAL
DESCRIBED IN § 22-201 (A) OF THIS SUBTITLE WHO WAS A MEMBER OF THE
EMPLOYEES' RETIREMENT SYSTEM ON OR BEFORE DECEMBER 31, 1979, BECAME A
MEMBER OF THE EMPLOYEES' RETIREMENT SYSTEM AS A CONDITION OF
EMPLOYMENT.

(B) MEMBERSHIP RESTRICTED.

EXCEPT AS PROVIDED IN FORMER ARTICLE 73B, § 2-206 OF THE CODE, AN
INDIVIDUAL WHO IS NOT A MEMBER OF THE EMPLOYEES' RETIREMENT SYSTEM ON
DECEMBER 31, 1979, IS. NOT ELIGIBLE FOR MEMBERSHIP IN THE EMPLOYEES'
RETIREMENT SYSTEM.

REVISOR'S NOTE: Subsection (a) of this section is new language derived without
substantive change from former Art. 73B, § 2-201(a).

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