Except as provided in subsection (b) of this section, §§ 23–203 through 23–205 of this subtitle apply only to:
a regular employee whose compensation is provided by State appropriation or paid from State funds;
an appointed or elected official of the State, including:
a clerk of the circuit court;
a register of wills;
a State’s Attorney; and
a sheriff;
an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article;
an employee of the Office of the Sheriff of Baltimore City;
an additional employee or agent of the State Racing Commission authorized by § 11–207 of the Business Regulation Article;
a permanent employee of the board of supervisors of elections of a county;
a full–time magistrate in chancery or in juvenile causes who is appointed on or after July 1, 1989, in any county by the circuit court for that county;
an employee of the Maryland Environmental Service who is a member of the Employees’ Pension System on June 30, 1993, or transfers from the Employees’ Retirement System on or after July 1, 1993;
a former Baltimore City jail employee who became an employee of the Baltimore City Detention Center and a member of the Employees’ Pension System on July 1, 1991;
a nonfaculty employee of the Baltimore City Community College who:
is a member of the Employees’ Pension System on October 1, 2002;
transfers from the Employees’ Retirement System on or after October 1, 2002;
transfers from the Teachers’ Pension System in accordance with § 23–202.1 of this subtitle; or
becomes an employee of the Baltimore City Community College on or after October 1, 2002;
a court reporter for the Circuit Court for Charles County who is a member of the Employees’ Pension System on July 1, 1994, or transfers from the Employees’ Retirement System on or after July 1, 1994;
a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is:
a member of the Employees’ Pension System on January 1, 1998, or transfers from the Employees’ Retirement System on or after January 1, 1998; or
a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes an employee on or after January 1, 1998;
an individual who, on and before the effective date of participation as defined under § 31–101(c) of this article, is:
a supportive service employee of the Board of Education of Kent County;
an employee of the Town of Oakland;
an employee of the City of Frostburg;
an employee of the Town of Sykesville; or
an employee of the Town of University Park;
an employee of the Maryland Automobile Insurance Fund on or after the date that the Maryland Automobile Insurance Fund begins participation in the Employees’ Pension System; and
the Executive Director of the Alcohol, Tobacco, and Cannabis Commission, if the Executive Director is not a sworn police officer with the powers granted to an officer of the Field Enforcement Division under § 1–313 of the Alcoholic Beverages and Cannabis Article.
Sections 23–203 through 23–205 of this subtitle do not apply to:
an individual who is or is entitled to be a member of any State system other than the Employees’ Pension System;
a contractual, emergency, or temporary extra employee;
an individual who is employed under a federal public service employment program;
an assessor who is a member of a retirement or pension system operated by a political subdivision of the State;
an employee of a local board of elections who chooses to stay in a local merit system under § 2–207 of the Election Law Article;
a nonclerical or nonprofessional employee of the Baltimore City Community College who:
was an employee of the New Community College of Baltimore during the 1989–1990 academic year;
was employed by the New Community College of Baltimore on or before December 31, 1990, as a “Class A” member of the Baltimore City Retirement Plan; and
elected to remain a member of the Baltimore City Retirement Plan;
an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment;
an employee of the Domestic Relations Division of the Anne Arundel County Circuit Court who:
was transferred on or after July 1, 2002, into the State Personnel Management System as an employee of the Child Support Administration of the Maryland Department of Human Services;
elected, under § 2–510 of the Courts Article, to remain as a participant in the Anne Arundel County Retirement and Pension System; and
remains as an employee of the Child Support Administration of the Maryland Department of Human Services or an attorney employed to represent the Child Support Administration;
a nonfaculty employee of the Baltimore City Community College who is eligible to participate and elects to participate in an optional retirement program under Title 30 of this article;
an appointed or elected official who on or after July 1, 2007, is a member of any other State or local retirement or pension system as defined under Title 37 of this article; or
the Director of the Department of Social Services in Montgomery County who:
was transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services;
elected, under § 3–403.1 of the Human Services Article, to remain as a participant in the Montgomery County Employees’ Retirement System; and
remains as an employee of the Social Services Administration of the Maryland Department of Human Services.
A nonfaculty employee of the Baltimore City Community College who is a member of the Teachers’ Pension System on October 1, 2002, may transfer membership to the Employees’ Pension System on or before December 31, 2002.
Except as provided in § 23-204 of this subtitle, an individual described in § 23-201(a) of this subtitle who becomes an employee of a participating employer on or after January 1, 1980, or who transfers membership from the Employees’ Retirement System, is a member of the Employees’ Pension System as a condition of employment.
Membership in the Employees’ Pension System is optional for an individual who is:
an official, elected or appointed for a fixed term;
an employee of the Governor’s office;
an employee of the Senate or House of Delegates;
a member of the Prince George’s County Board of License Commissioners;
an employee of Dorchester County who is not and has not previously been a member of the county’s general pension and retirement program or any other plan sponsored by Dorchester County; or
except as provided in subsection (g) of this section, an employee of a participating governmental unit who is employed by the participating governmental unit before the effective date of participation and who remains an employee of the participating governmental unit through the effective date of participation.
An individual described under paragraph (1)(i) through (v) of this subsection who elects to join the Employees’ Pension System shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.
An individual described under paragraph (1)(vi) of this subsection who elects to join the Employees’ Pension System shall make the election prior to the effective date of participation by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.
An election to join the Employees’ Pension System under this subsection is a one–time, irrevocable election.
This paragraph applies to an individual described under paragraph (1)(i) through (v) of this subsection.
If an election to join the Employees’ Pension System is not received by the Board of Trustees within the period of time described in paragraph (2) or (3) of this subsection, the individual may not elect to join the Employees’ Pension System while employed in that position.
This paragraph applies to an individual described under paragraph (1)(vi) of this subsection.
If an election to join the Employees’ Pension System is not received by the Board of Trustees within the period of time described in paragraph (3) of this subsection, the individual is deemed to have elected to participate in the Employees’ Pension System while employed in that position.
The Board of Trustees shall adopt regulations to implement this subsection.
Membership in the Employees’ Pension System is not optional for individuals who are:
supportive service employees of the Board of Education of Kent County;
employees of the Town of Oakland;
employees of the City of Frostburg;
employees of the Town of Sykesville; or
employees of the Town of University Park.
Membership in the Employees’ Pension System is not optional for an individual who was employed in a position on or before June 30, 2015, that required the individual to be a member of the Employees’ Pension System, while the individual remains in that position.
Subject to paragraph (2) of this subsection, membership in the Employees’ Pension System is optional for an individual described in § 23–201(a)(2)(iv) of this subtitle who is elected or appointed as the Baltimore City Sheriff.
An individual who is elected or appointed as the Baltimore City Sheriff and who does not elect to join the Employees’ Pension System is a member of the Law Enforcement Officers’ Pension System under Title 26 of this article as a condition of employment.
To elect to be a member of the Employees’ Pension System under this subsection, an individual shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.
An individual who does not elect membership as of the date the individual begins serving as the Baltimore City Sheriff shall become a member of the Law Enforcement Officers’ Pension System.
This subsection applies to an individual described in § 23–201(a)(2)(iv) of this subtitle who elects membership in the Employees’ Pension System under this section.
An individual described in paragraph (1) of this subsection may elect membership in the Law Enforcement Officers’ Pension System if the county employing the individual elects to become an eligible governmental unit in the Law Enforcement Officers’ Pension System in accordance with §§ 31–2A–02 through 31–2A–05 of this article.
If an individual transfers to the Law Enforcement Officers’ Pension System under this subsection, the eligible governmental unit is responsible for all employer contributions required for the individual under § 21–306.1 of this article.
This subsection applies only to an individual who is an employee of the Town of Berwyn Heights on June 30, 2008.
Subject to paragraph (3) of this subsection, membership in the Employees’ Pension System is optional for an individual described in paragraph (1) of this subsection who elects membership on July 1, 2008.
To elect to be a member of the Employees’ Pension System, an individual shall file a written application with the Board of Trustees on a form that the Board of Trustees provides.
This subsection applies only to an individual who is an employee of the City of College Park on June 30, 2014.
Subject to paragraph (3) of this subsection, membership in the Employees’ Pension System is optional for an individual described in paragraph (1) of this subsection who elects membership on July 1, 2014.
To elect to be a member of the Employees’ Pension System, an individual shall file a written application with the Board of Trustees on a form that the Board of Trustees provides.
This subsection applies to an individual who is employed by Prince George’s County as:
the Chief Administrative Officer;
a Deputy Chief Administrative Officer;
a director of a county office or department;
a County Council Administrator;
a Deputy Director of a county office or department; or
an Executive Director.
Membership in the Employees’ Pension System is optional for an individual who:
begins serving in a position listed in paragraph (1) of this subsection on or after July 1, 2014; and
has not previously been employed by Prince George’s County.
An individual described under subparagraph (i) of this paragraph who elects to join the Employees’ Pension System shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.
Membership in the Employees’ Pension System is mandatory for:
an individual who:
is employed in one of the positions listed under paragraph (1) of this subsection on or before June 30, 2014; and
is enrolled as a member of the Employees’ Pension System; or
an individual described under paragraph (2)(i) of this subsection who elected to join the Employees’ Pension System under paragraph (2)(ii) of this subsection.
Membership in the Employees’ Pension System is prohibited for an individual who:
begins serving in a position listed in paragraph (1) of this subsection on or after July 1, 2004, but before July 1, 2014;
remains in a position listed in paragraph (1) of this subsection on or after July 1, 2014; and
is not enrolled in the Employees’ Pension System.
An individual’s election under paragraph (2)(ii) of this subsection to join the Employees’ Pension System or an individual’s failure to elect to join the Employees’ Pension System within the required time period is a one–time, irrevocable decision.
An individual employed in one of the positions listed under paragraph (1) of this subsection who does not elect to join the Employees’ Pension System under paragraph (2)(ii) of this subsection may not join the Employees’ Pension System while employed in one of the positions listed under paragraph (1) of this subsection.
An individual described under paragraph (4) of this subsection or subparagraph (ii) of this paragraph who changes employment to a different position under paragraph (1) of this subsection, whether or not a break in employment occurs, may not elect to join the Employees’ Pension System.
The Board of Trustees shall adopt regulations to implement this section.
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.
Except as provided in subsection (b) of this section, §§ 23–208 through 23–210 of this subtitle apply only to:
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:
a clerk;
a helping teacher;
a principal;
a superintendent;
a supervisor; or
a teacher;
a faculty employee of an educational institution supported by and under the control of the State;
a librarian or clerical employee of a library that is established or operates under the Education Article;
a professional or clerical employee of a community college that is established or operates under the Education Article;
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
a nonfaculty employee of the Baltimore City Community College who:
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
transfers from the Teachers’ Retirement System on or after October 1, 2002.
Sections 23–208 and 23–209 of this subtitle do not apply to:
an individual who has elected to participate in an optional retirement program under Title 30 of this article;
an individual who is employed under a federal public service employment program;
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;
a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes employed on or after January 1, 1998, in a position as a staff employee of the educational institution that was eligible for membership in the Teachers’ Retirement System or Teachers’ Pension System under Chapter 6, § 8, paragraphs 1(a) and 2(a) of the Acts of 1994;
an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment; or
a nonfaculty employee of the Baltimore City Community College who becomes employed on or after October 1, 2002, or who transfers to the Employees’ Pension System in accordance with § 23–202.1 of this subtitle.
Except as provided in § 23-209 of this subtitle, an individual described in § 23-206(a) of this subtitle who becomes employed by a participating employer on or after January 1, 1980, or who transfers membership from the Teachers’ Retirement System, is a member of the Teachers’ Pension System as a condition of employment.
The Board of Trustees may deny membership in the Teachers’ Pension System to, or make membership optional for, any class of individuals described in § 23-206(a) of this subtitle whose:
compensation is paid only partly by the State; or
employment is temporary or on other than a yearly basis.
If eligibility of an individual for membership in the Teachers’ Pension System is unclear, the Board of Trustees shall determine whether the individual is a member.
Membership continues for a member who is:
on leave of absence approved by the Board of Trustees; or
in the military service within the periods specified in Title 38 of this article.
Except as otherwise provided in this section, a member’s contribution rate is 5% of the part of the member’s earnable compensation that exceeds the taxable wage base for each year.
The contribution rate of a member who is subject to the contributory pension benefit under Part II of this subtitle is 2% of the member’s earnable compensation.
The contribution rate of a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle is:
3% of the member’s earnable compensation received from July 1, 2006 to June 30, 2007, both inclusive;
4% of the member’s earnable compensation received from July 1, 2007 to June 30, 2008, both inclusive;
5% of the member’s earnable compensation received from July 1, 2008 to June 30, 2011, both inclusive; and
7% of the member’s earnable compensation received on or after July 1, 2011.
The contribution rate of a member who is subject to the reformed contributory pension benefit under Part IV of this subtitle is 7% of the member’s earnable compensation.
Except as provided in subsection (b) of this section, regular interest is payable on member contributions at the rate of 5% per year compounded annually until retirement or withdrawal of contributions and interest.
Except as provided in subsection (c) of this section, no further interest shall be paid on member contributions after membership ends if the former member is not eligible to receive a vested allowance under Title 29, Subtitle 3 of this article.
In this subsection, “active member” means a member who is not separated from employment with the State or a participating employer of one of the several systems.
This subsection applies only to an individual who:
is a former member of the Employees’ Pension System or the Teachers’ Pension System;
is not eligible to receive a vested allowance from the Employees’ Pension System or the Teachers’ Pension System under Title 29, Subtitle 3 of this article;
has not withdrawn the individual’s member contributions from the Employees’ Pension System or the Teachers’ Pension System; and
is an active member of one of the several systems.
An individual described in paragraph (2) of this subsection shall receive regular interest at the rate described under subsection (a) of this section on the individual’s member contributions in a nonvested account in the Employees’ Pension System or the Teachers’ Pension System while the individual is an active member of one of the several systems.
This section applies to an individual who is:
a member of the Teachers’ Pension System;
an employee of the Baltimore City Board of School Commissioners or another county board of education; and
hired by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
An individual who is hired by a third party contractor may withdraw the member’s accumulated contributions, within the meaning of § 20-101(b) of this article, at any time while the individual is employed by the third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
An individual who is hired by a third party contractor and subsequently becomes employed by the Baltimore City Board of School Commissioners or another county board of education at any time while the order of reconstitution is in effect and on termination of the contract with the third party contractor:
is not subject to the provisions of § 23-215 of this subtitle;
shall be reinstated as a member of the Teachers’ Pension System;
shall be entitled to restoration of any service credit to which the individual was entitled before employment by the third party contractor whether or not the individual was vested; and
shall redeposit any of the amounts withdrawn under subsection (b) of this section with regular interest to the date of redeposit or, on retirement, the individual’s retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions withdrawn with regular interest to the date of retirement.
Except as provided in subsection (e) of this section, at any time before retirement, an individual may purchase service credit for a period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education if the individual:
completes a claim for the service credit and files it with the Board of Trustees on a form that the Board of Trustees provides; and
pays to the Board of Trustees in a single payment the member contributions the individual would have made for the period of employment for which service credit is being purchased plus regular interest to the date of payment.
An individual may not purchase more than 5 years of service credit for the period of employment by a third party contractor to work in a school that is reconstituted by order of the Maryland State Board of Education.
Except as provided in § 23–215.1 of this subtitle, membership ends if the member:
is separated from employment for more than 4 years;
is separated from employment, and rehired into a position that requires enrollment in a part of the Employees’ Pension System or the Teachers’ Pension System that is subject to a different rate of member contributions and benefit accrual;
withdraws the member’s accumulated contributions;
becomes a retiree; or
dies.
Subsection (a)(2) of this section does not apply for purposes of determining eligibility for a disability retirement benefit under § 29–104(a) of this article.
This section applies to a member who:
on or before June 30, 2011, is subject to the Alternate Contributory Pension Selection;
is separated from employment for 4 years or less;
is separated from employment for military service that meets the requirements of the federal Uniformed Services Employment and Reemployment Rights Act; and
resumes employment within 1 year of leaving military service in a position that is included in the Employees’ Pension System or Teachers’ Pension System; or
is separated from employment with the minimum eligibility service needed to be eligible for a vested allowance in the Alternate Contributory Pension Selection under Title 29, Subtitle 3 of this article;
does not withdraw the member’s accumulated contributions; and
does not become a retiree.
A member described in subsection (a) of this section who resumes employment in a position that is included in the Employees’ Pension System or Teachers’ Pension System, shall resume participation in the Alternate Contributory Pension Selection if the employer participates in the Alternate Contributory Pension Selection.
If an individual was a member of any one of the several systems on June 30, 2011, and without incurring a break in employment of more than 30 days, becomes a member of the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011, the individual:
shall be considered to be a new member of the Employees’ Pension System or the Teachers’ Pension System as of the date the individual joins the system; and
is subject to the same requirements to which an individual who was a member of the Employees’ Pension System or the Teachers’ Pension System on June 30, 2011, and remains a member on July 1, 2011, is subject.
Except as provided in subsection (b) of this section, this Part II of this subtitle applies to an individual who is:
a member of the Employees’ Pension System or the Teachers’ Pension System; or
a member of the Employees’ Retirement System or the Teachers’ Retirement System subject to Selection C (Combination Formula) as provided in § 22-221 of this article.
This Part II of this subtitle does not apply to an individual who is:
an employee of:
a participating governmental unit that has not elected the contributory pension benefit for its employees under § 31-116 of this article; or
a former participating governmental unit, other than Frederick County, that has withdrawn;
a member of the Employees’ Pension System or Teachers’ Pension System who transferred from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998; or
a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle.
A member who is subject to this Part II of this subtitle shall:
receive an allowance for all creditable service as follows:
for normal service retirement as provided in § 23–401(c) of this title;
for early service retirement as provided in § 23–402 of this title;
for ordinary disability retirement as provided in § 29–108 of this article; and
for accidental disability retirement as provided in § 29–110 of this article;
have the allowance adjusted as provided in §§ 29–401, 29–402, 29–406, and 29–408 of this article; and
make the member contributions at the rate specified in § 23–212(b) of this subtitle.
In this section, “active member” means a member who is not separated from employment with the State or a participating employer of the State.
Except as provided in subsection (d) of this section, this part applies to an individual who on or after June 30, 2006, is:
an active member of the Employees’ Pension System or the Teachers’ Pension System; or
a member of the Teachers’ Retirement System or Employees’ Retirement System who is subject to Selection C (Combination Formula) as provided in § 22–221 of this article.
This subsection applies to an individual who:
was an employee of the Somerset County Economic Development Commission on June 30, 2011, and who remains an employee through the effective date of participation for the Somerset County Economic Development Commission as a participating governmental unit; or
was an employee of the Dorchester County Council working for the Dorchester County Sanitary Commission on June 30, 2011;
continues working for the Dorchester County Sanitary Commission without incurring a break in employment of more than 30 days; and
becomes an employee of the Dorchester County Sanitary Commission before the effective date of participation for the Dorchester County Sanitary Commission as a participating governmental unit and remains an employee through the effective date of participation.
An individual described in paragraph (1) of this subsection shall be considered subject to the alternate contributory pension benefit under Part III of this subtitle in the same manner as an individual who was a member of the Employees’ Pension System on June 30, 2011.
This Part III does not apply to:
an employee of a participating governmental unit participating in the Employees’ Pension System that has not elected to participate in the Alternate Contributory Pension Selection under § 31–116.1 of this article or a former participating governmental unit, other than Frederick County, that has withdrawn from the Employees’ Pension System; or
a member of the Employees’ Pension System or the Teachers’ Pension System who transferred from the Employees’ Retirement System or the Teachers’ Retirement System after April 1, 1998.
A member who is subject to this part shall:
receive an allowance for all creditable service as follows:
for normal service retirement as provided in § 23-401(d) of this title;
for early service retirement as provided in § 23-402 of this title;
for ordinary disability retirement as provided in § 29-108 of this article; and
for accidental disability retirement as provided in § 29-110 of this article;
have the allowance adjusted as provided in Title 29, Subtitle 4 of this article; and
make the member contributions at the rate specified in § 23-212(c) of this subtitle.
This Part IV of this subtitle (Reformed Contributory Pension Benefit) applies to:
an individual who becomes a member of the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011; and
except as provided in § 23–215.1 of this subtitle, a member of the Employees’ Pension System or Teachers’ Pension System who separated from employment on or before June 30, 2011, and subsequently becomes employed in a position eligible for membership in the Employees’ Pension System or the Teachers’ Pension System on or after July 1, 2011.
This Part IV does not apply to an employee of:
a participating governmental unit that was participating in the Employees’ Pension System prior to July 1, 2011, and that has not elected to participate in the Alternate Contributory Pension Selection under § 31–116.1 of this article; or
a former participating governmental unit, other than Frederick County, that has withdrawn from the Employees’ Pension System.
Except as provided in subsection (b) of this section, a member who is subject to this Part IV of this subtitle shall:
receive an allowance for all creditable service as follows:
for normal service retirement as provided in § 23–401(f) of this title;
for early service retirement as provided in § 23–402(c) of this title;
for a vested allowance as provided in § 29–303(b–1) of this article;
for ordinary disability retirement as provided in § 29–108 of this article; and
for accidental disability retirement as provided in § 29–110 of this article;
have the allowance adjusted as provided in §§ 29–401, 29–402, and 29–408 of this article; and
make the member contributions at the rate specified in § 23–212(d) of this subtitle.
A member described in § 23–225(a)(2) of this subtitle is not subject to this Part IV of this subtitle with respect to the service credit earned in the member’s previous membership.