WILLIAM DONALD SCHAEFER, Governor

Ch. 6

In subsection (a)(5) of this section, the reference to a "determination of
eligibility" by the Board of Trustees is substituted for "approval" by the Board
to conform to § 23-205 of this subtitle.

In subsection (a)(5) and (12) of this section, the references to membership as
a condition of employment are deleted in light of § 23-203 of this subtitle.

In subsection (a)(11) of this section, the reference to "June 30, 1991" as the
day on which a former Baltimore City Jail employee was to have been
employed by the jail is deleted as unnecessary. Only those employees of the
jail who were employed on that day were entitled to join the State systems as
a former Baltimore City Jail employee.

Also in subsection (a)(11) of this section, the reference to membership in "the
Employees' Pension System" is substituted for the former reference to
membership in "the Maryland State Retirement and Pension Systems" for
specificity because former Baltimore City Jail employees who joined the State
systems joined either the Employees' Pension System or the Correctional
Officers' Retirement System, depending on their eligibility for membership in
the latter.

In subsection (b)(2) of this section, the references to a "contractual" or
"emergency" employee are 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 excluded from membership in the Employees' Pension System under
subsection (b)(2) 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, § 4-101(e)(3)(ii), which excluded from membership a class
of employee only partially compensated by the State, is deleted as inaccurate
in light of long-standing administrative practice.

Former Art. 73B, § 4-101(e)(3)(v), which excluded from membership masters
appointed on or before June 30, 1989, is deleted as included in the broad
reference in subsection (b)(1) of this section to "an individual who is or is
entitled to be a member of any State system other than the Employees'
Pension System" since a master appointed on or before June 30, 1989, is
entitled to be a member of the Judges' Retirement System.

As to former Art. 73B, § 4-101(e)(4), which gave the Board of Trustees
authority to determine membership in cases of doubt, see § 23-205(a) of this
subtitle.

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