Except to the extent otherwise provided by law, the following positions in State government are excluded from the State Personnel Management System: a position to which an individual is elected by popular vote; and a position to which an individual's election or appointment is provided for by the Maryland Constitution.

Except as provided in this section or otherwise by law, all positions in the Executive Branch of State government are in the State Personnel Management System. Except to the extent otherwise provided by law, all positions in a unit in the Executive Branch of State government with an independent personnel system are excluded from the State Personnel Management System.

All positions in the Judicial Branch of State government are excluded from the State Personnel Management System except as otherwise provided by law.

All positions in the Legislative Branch of State government are excluded from the State Personnel Management System.

The State Personnel Management System includes any other position that is specified by law to be in the skilled service, professional service, management service, executive service, or otherwise in the State Personnel Management System.

Any individual 70 years old or older is eligible for appointment to any nontemporary position in the State Personnel Management System for which the individual qualifies, and the appointment is subject to the provisions of this article.