ROBERT L. EHRLICH, JR., Governor

Ch. 532

31, 2004, HAD FORMERLY ELECTED SELECTION A (ADDITIONAL MEMBER
CONTRIBUTIONS) OR SELECTION B (LIMITED COST-OF-LIVING ADJUSTMENT).

23-204.

(a)     (1) [Membership in the Employees' Pension System is optional for an
individual who] THIS SECTION APPLIES TO AN INDIVIDUAL WHO ON JUNE 30, 2004,
receives an annual salary and who is:

[(1)] (I) an elected or appointed official;

[(2)] (II) an employee of the Governor's office;

[(3)] (III) an employee of the Senate or House of Delegates; [or]

[(4)] (IV) a member of the Prince George's County Board of License
Commissioners; OR

(V) AN EMPLOYEE OF DORCHESTER COUNTY WHO IS NOT A
MEMBER OF THE COUNTY'S GENERAL PENSION AND RETIREMENT PROGRAM.

(2) MEMBERSHIP IN THE EMPLOYEES' PENSION SYSTEM IS OPTIONAL
FOR AN INDIVIDUAL UNDER PARAGRAPH (1) OF THIS SUBSECTION WHILE THE
INDIVIDUAL REMAINS EMPLOYED IN THE POSITION THE INDIVIDUAL HELD ON JUNE
30, 2004.

(b)     (1) (I) Except as provided in paragraph (2) of this subsection,
[membership in the Employees' Pension System is optional for] THIS SUBSECTION
APPLIES ONLY TO the employees of a participating governmental unit who:

1.       ARE EMPLOYED BY THE PARTICIPATING GOVERNMENTAL
UNIT ON JUNE 30, 2004; AND

2.       [are] WERE employed by the participating governmental
unit on the effective date of participation in the State systems.

(II) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
MEMBERSHIP IN THE EMPLOYEES' PENSION SYSTEM IS OPTIONAL FOR AN
INDIVIDUAL UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH UNTIL THE INDIVIDUAL
CEASES EMPLOYMENT WITH THE PARTICIPATING GOVERNMENTAL UNIT THAT WAS
EMPLOYING THE INDIVIDUAL ON JUNE 30, 2004.

(2) [Paragraph (1) of this subsection does not apply to] MEMBERSHIP IN
THE EMPLOYEES' PENSION SYSTEM IS NOT OPTIONAL FOR INDIVIDUALS WHO ARE:

(I) supportive service employees of the Board of Education of Kent
County [who are employed by the Board of Education of Kent County on the day
before the date that the Board of Education of Kent County begins participation in
the Employees' Pension System.]; OR

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