Ch. 6

1994 LAWS OF MARYLAND

[38.] 10.

(a)     With respect to employees of the State the Governor is empowered to
authorize a referendum, and with respect to the employees of any political subdivision
[he] THE GOVERNOR shall authorize a referendum upon request of the governing body
of such subdivision; and in either case the referendum shall be conducted, and the
Governor shall designate an agency or individual to supervise its conduct, in accordance
with the requirements of § 218(d)(3) of the Social Security Act, on the question of
whether service in position covered by a retirement system established by the State or by
a political subdivision thereof should be excluded from or included under an agreement
under this [subtitle] SUBHEADING. The notice of referendum required by §
218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be
accompanied by a statement, in such form and such detail as to inform the employees of
the rights which will accrue to them and their dependents and survivors, and the liabilities
to which they will be subject, if their services are included under an agreement under this
[subtitle] SUBHEADING.         

(b)     The boards of trustees of the retirement systems of the State of Maryland are
respectively authorized and empowered to make rules and regulations with respect to the
such systems, or any of them, as to (1) the qualifications of the persons who shall be
entitled to vote in the referendum; (2) the number of votes required to constitute
favorable approval of the question or questions submitted in said referendum, provided
that such number shall not be fixed at less than a majority of the persons entitled to vote;
and (3) limitations on frequency of referenda in the same retirement system. Such rules
and regulations shall not become effective until there shall have been full compliance
with the provisions of §§ 10-106 and 10-107 of the State Government Article.

(c)     Upon receiving SATISFACTORY evidence [satisfactory to him] that with
respect to any such referendum the conditions specified in § 218(d)(3) of the Social
Security Act have been met, the [chief of the division of social security in the Employees'
Retirement System] SECRETARY OF PERSONNEL shall so certify to the Secretary of
Health [, Education and Welfare] AND HUMAN SERVICES.

(d)     The cost of any referendum involving State employees in the State Employees'
Retirement System, the Teachers' Retirement System or the State Police Retirement
System, shall be met by the particular retirement system; the cost of any referendum
involving the employees of a political subdivision of the State shall be met by that political
subdivision.

REVISOR'S NOTE: This section formerly was Art. 89, § 38.

Former Art. 89, §' 38 is not retained in the Code because it is apparently
obsolete. However, it is transferred to the Session Laws to avoid any
inadvertent substantive effect that its repeal might have.

The only changes are in style.

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