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<section article="gsp" article_name="State Personnel and Pensions" number="23-204" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="2" subtitle_name="Membership">
  <level label="a">
    <level label="1">
      <text>Membership in the Employees’ Pension System is optional for an individual who is:</text>
      <level label="i">
        <text>an official, elected or appointed for a fixed term;</text>
      </level>
      <level label="ii">
        <text>an employee of the Governor’s office;</text>
      </level>
      <level label="iii">
        <text>an employee of the Senate or House of Delegates;</text>
      </level>
      <level label="iv">
        <text>a member of the Prince George’s County Board of License Commissioners;</text>
      </level>
      <level label="v">
        <text>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</text>
      </level>
      <level label="vi">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>An election to join the Employees’ Pension System under this subsection is a one–time, irrevocable election.</text>
    </level>
    <level label="5">
      <level label="i">
        <text>This paragraph applies to an individual described under paragraph (1)(i) through (v) of this subsection.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>This paragraph applies to an individual described under paragraph (1)(vi) of this subsection.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="7">
      <text>The Board of Trustees shall adopt regulations to implement this subsection.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Membership in the Employees’ Pension System is not optional for individuals who are:</text>
      <level label="i">
        <text>supportive service employees of the Board of Education of Kent County;</text>
      </level>
      <level label="ii">
        <text>employees of the Town of Oakland;</text>
      </level>
      <level label="iii">
        <text>employees of the City of Frostburg;</text>
      </level>
      <level label="iv">
        <text>employees of the Town of Sykesville; or</text>
      </level>
      <level label="v">
        <text>employees of the Town of University Park.</text>
      </level>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>This subsection applies only to an individual who is an employee of the Town of Berwyn Heights on June 30, 2008.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>This subsection applies only to an individual who is an employee of the City of College Park on June 30, 2014.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>This subsection applies to an individual who is employed by Prince George’s County as:</text>
      <level label="i">
        <text>the Chief Administrative Officer;</text>
      </level>
      <level label="ii">
        <text>a Deputy Chief Administrative Officer;</text>
      </level>
      <level label="iii">
        <text>a director of a county office or department;</text>
      </level>
      <level label="iv">
        <text>a County Council Administrator;</text>
      </level>
      <level label="v">
        <text>a Deputy Director of a county office or department; or</text>
      </level>
      <level label="vi">
        <text>an Executive Director.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>Membership in the Employees’ Pension System is optional for an individual who:</text>
        <level label="1">
          <text>begins serving in a position listed in paragraph (1) of this subsection on or after July 1, 2014; and</text>
        </level>
        <level label="2">
          <text>has not previously been employed by Prince George’s County.</text>
        </level>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="3">
      <text>Membership in the Employees’ Pension System is mandatory for:</text>
      <level label="i">
        <text>an individual who:</text>
        <level label="1">
          <text>is employed in one of the positions listed under paragraph (1) of this subsection on or before June 30, 2014; and</text>
        </level>
        <level label="2">
          <text>is enrolled as a member of the Employees’ Pension System; or</text>
        </level>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="4">
      <text>Membership in the Employees’ Pension System is prohibited for an individual who:</text>
      <level label="i">
        <text>begins serving in a position listed in paragraph (1) of this subsection on or after July 1, 2004, but before July 1, 2014;</text>
      </level>
      <level label="ii">
        <text>remains in a position listed in paragraph (1) of this subsection on or after July 1, 2014; and</text>
      </level>
      <level label="iii">
        <text>is not enrolled in the Employees’ Pension System.</text>
      </level>
    </level>
    <level label="5">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
    <level label="6">
      <text>The Board of Trustees shall adopt regulations to implement this section.</text>
    </level>
  </level>
</section>
