WILLIAM DONALD SCHAEFER, Governor

Ch. 6

(III)    A PRINCIPAL;

(IV)    A SUPERINTENDENT;

(V)     A SUPERVISOR; OR

(VI)    A TEACHER;

(2)      A FACULTY EMPLOYEE OF AN EDUCATIONAL INSTITUTION
SUPPORTED BY AND UNDER THE CONTROL OF THE STATE;

(3)      A PROFESSIONAL OR CLERICAL EMPLOYEE OF A LIBRARY THAT IS
ESTABLISHED OR OPERATES UNDER THE EDUCATION ARTICLE; OR

(4)      A PROFESSIONAL OR CLERICAL EMPLOYEE OF A COMMUNITY
COLLEGE THAT IS ESTABLISHED OR OPERATES UNDER THE EDUCATION ARTICLE.

(B) EXCEPTIONS.

SECTIONS 23-207 THROUGH 23-209 OF THIS SUBTITLE DO NOT APPLY TO:

(1)      AN INDIVIDUAL WHO HAS ELECTED TO PARTICIPATE IN AN
OPTIONAL RETIREMENT PROGRAM UNDER TITLE 30 OF THIS ARTICLE;

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

(3)      A PROFESSIONAL OR CLERICAL EMPLOYEE OF THE DEPARTMENT
OF PUBLIC LIBRARIES OF MONTGOMERY COUNTY WHO IS PARTICIPATING IN THE
EMPLOYEES' RETIREMENT SYSTEM OF MONTGOMERY COUNTY.

REVISOR'S NOTE: Subsections (a) and (b)(1) and (2) of this section are new
language derived without substantive change from former Art. 73B, §§
5-101(j)(1) and (2), 3-506(b)(1), and, as it related to exclusion from
membership of those individuals who elect to participate in an optional
retirement program, § 5-201 (a).

Subsection (b)(3) of this section is new language added to clarify that a
Montgomery County library employee who elected to participate in the local
retirement system is excluded from the Teachers' Pension System since those
library employees were excluded from membership in the Teachers'
Retirement System under former Art. 73B, § 3-504(c).

This section is set forth as a scope provision instead of a definition since the
definition of "teacher" in former Art. 73B, § 5-101(j) served as a scope
provision. Also, the former definition included individuals who would not
always be considered "teachers".

In subsection (a)(1) of this section, the former reference to "the School for the
Deaf" is deleted as included in the reference in subsection (a)(2) of this
section to "an educational institution supported by and under the control of
the State".

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