Ch. 6

1994 LAWS OF MARYLAND

Defined terms: "County" § 20-101

"Employees' Pension System" § 20-101
"Participating governmental unit" § 20-101
"State system" § 20-101

23-205. SAME — DETERMINATION BY BOARD OF TRUSTEES.

(A)     MEMBERSHIP UNCLEAR.

IF ELIGIBILITY OF AN INDIVIDUAL FOR MEMBERSHIP IN THE EMPLOYEES'
PENSION SYSTEM IS UNCLEAR, THE BOARD OF TRUSTEES SHALL DETERMINE
WHETHER THE INDIVIDUAL IS A MEMBER WITHOUT REGARD TO THE METHOD OF
PAYMENT OF THE INDIVIDUAL'S COMPENSATION.

(B)      ADDITIONAL EMPLOYEE OR AGENT OF STATE RACING COMMISSION.

THE BOARD OF TRUSTEES SHALL DETERMINE THE ELIGIBILITY FOR
MEMBERSHIP OF AN ADDITIONAL EMPLOYEE OR AGENT OF THE STATE RACING
COMMISSION WHOSE SALARY PAYMENTS FROM THE STATE ARE SUBJECT TO
REIMBURSEMENT BY LICENSEES OF THE STATE RACING COMMISSION UNDER THE
MARYLAND HORSE RACING ACT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B. § 4-101(e)(4) and the first sentence of §
4-201(e).

In subsection (a) of this section, the phrase "[i]f eligibility of an individual for
membership in the Employees' Pension System is unclear" is substituted for

"[i]n any case of doubt" for clarity. Similarly, the phrase "of the individual's
compensation" is. added to clarify the reference to a "method of payment".

In subsection (b) of this section, the reference to "becom[ing] a member of
this pension system as a condition of employment" is deleted in light of §
23-203 of this subtitle.

Defined terms: "Board of Trustees" § 20-101
"Employees' Pension System" § 20-101
"Member" § 20-101

23-206. MEMBERSHIP IN THE TEACHERS' PENSION SYSTEM — SCOPE.

(A) APPLICATION.

EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, §§ 23-207 THROUGH
23-210 OF THIS SUBTITLE APPLY ONLY TO:

(1) AN EMPLOYEE OF A DAY SCHOOL IN THE STATE UNDER THE
AUTHORITY AND SUPERVISION OF A COUNTY BOARD OF EDUCATION OR THE
BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS, EMPLOYED AS:

(I)       A CLERK;

(II)     A HELPING TEACHER;

- 498 -