Ch. 532                                    2004 LAWS OF MARYLAND

(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 librarian or clerical employee of a library that is established or
operates under the Education Article;

(4)     a professional or clerical employee of a community college that is
established or operates under the Education Article;

(5)     a staff employee of the University System of Maryland, Morgan State
University, or St. Mary's College who is a member of the Teachers' Pension System as
of January 1, 1998, or who transfers from the Teachers' Retirement System on or
after January 1, 1998; or

(6)     a nonfaculty employee of the Baltimore City Community College who:

(i) is a member of the Teachers' Pension System as of October 1,
2002 and does not transfer to the Employees' Pension System in accordance with
§ 23-202.1 of this subtitle; or

(ii) transfers from the Teachers' Retirement System on or after
October 1, 2002.

[23-207.

A member of the Teachers' Retirement System may transfer membership to the
Teachers' Pension System as of the first day of a month if the member files with the
Board of Trustees an executed waiver of all benefits to which the member may be
entitled under the Teachers' Retirement System.]

23-405.

(a) When a member of the Employees' Retirement System or the Teachers'
Retirement System transfers ON OR BEFORE DECEMBER 31, 2004, to the Employees'
Pension System or the Teachers' Pension System, the Board of Trustees shall allocate
any amounts transferred from the Annuity Savings Fund as provided in [§ 22-212 of
this article] SUBSECTIONS (B) AND (C) OF THIS SECTION.

(B) (1) THIS SUBSECTION DOES NOT APPLY TO A MEMBER'S EMPLOYER
PICKUP CONTRIBUTIONS.

(2) A MEMBER WHO TRANSFERS TO A PENSION SYSTEM UNDER
SUBSECTION (A) OF THIS SECTION IS ELIGIBLE TO RECEIVE WITHIN 90 DAYS AFTER
THE DATE OF TRANSFER A REFUND OF THE MEMBER CONTRIBUTIONS DESCRIBED IN
PARAGRAPH (3) OF THIS SUBSECTION, PLUS INTEREST COMPUTED AS PROVIDED IN
PARAGRAPH (5) OF THIS SUBSECTION, UNLESS THE MEMBER ELECTS TO HAVE ANY
PART OF THE MEMBER CONTRIBUTIONS DESCRIBED IN PARAGRAPH (3) OF THIS

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