In this chapter, the following words have the meanings indicated. Terms Defined. “ACH Credit” means a transaction through the Automated Clearing House Network originated by a participating employer to transmit payment of member contributions to an account at a financial institution designated by the Retirement Agency. “ACH Debit” means a transaction through the Automated Clearing House Network originated by the Retirement Agency to remove member contributions from a financial institution designated by a participating employer for payment into an account at a financial institution designated by the Retirement Agency. “Local employer” means a county board of education or the Baltimore City Board of School Commissioners. “Participating employer” has the meaning set forth in COMAR 22.01.01.01B(11). Participating Governmental Unit. “Participating governmental unit” means a governmental unit that participates in a State system under State Personnel and Pensions Article, Title 31, Annotated Code of Maryland. “Participating governmental unit” includes a governmental unit that has withdrawn from participation in a State system in accordance with State Personnel and Pensions Article, Title 31, Subtitle 3, Annotated Code of Maryland, but has employees that continue to participate in a State system. “Supporting payroll data” means the information required to be provided by a participating employer for each member of a State system as each payroll is paid in accordance with Regulation .02 of this chapter. Subject to §§B and C of this regulation, as each payroll is paid, each participating employer shall certify to the Retirement Agency for each member of the State system the following information: The full name, address, and Social Security number; The retirement system code, employer agency code, and pay code; The earnable compensation paid during the pay period; The actual hours worked during the pay period; The budgeted earnable compensation for the position; The budgeted earnable compensation for the position on an annualized basis, as if the member is regularly employed to perform the same duties on a full-time basis; The standard hours for the position during the pay period as if the member is regularly employed to perform the same duties on a full-time basis; The budgeted ratio that the position of employment bears to the standard for a full-time employee; Employer contributions required, if any, during the pay period; and Member contributions required, if any, during the pay period. When reporting the amounts required under §A(3) and (4) of this regulation, a participating employer may not include amounts paid or hours worked that are excluded when determining a member's earnable compensation. The participating employer shall provide the information required under this regulation in a manner and format acceptable to the Retirement Agency. A participating employer that does not submit the information required under this regulation as each payroll is paid, and the in the manner and format required by the Retirement Agency, is liable for penalties and interest in accordance with State Personnel and Pensions Article, §21-314(d), Annotated Code of Maryland. This regulation applies only to a participating employer that: Is a local employer; Is a participating governmental unit; or Does not pay its employees through the Central Payroll Bureau of the Office of the State Comptroller. Except for a participating employer that has been granted a waiver in accordance with Regulation .04 of this chapter, each participating employer shall designate an authorized account at a financial institution for the purpose of making payment of all required member contributions via ACH Debit. Except as provided in §D of this regulation, as each payroll is paid and upon final submission of the supporting payroll data in the manner and format required by the Retirement Agency, the participating employer shall pay the amounts provided in Regulation .02A(10) of this chapter via an ACH Debit. Payment via ACH Credit. This section applies only to a participating employer that has been granted a waiver in accordance with Regulation .04 of this chapter. As each payroll is paid, and immediately following final submission of the supporting payroll data in the manner and format required by the Retirement Agency, the participating employer shall pay the amounts provided in Regulation .02A(10) of this chapter via an ACH Credit. A participating employer that does not pay the member contributions required by this regulation as each payroll is paid and in the manner prescribed by the Retirement Agency is liable for penalties and interest in accordance with State Personnel and Pensions Article, §21-314(d), Annotated Code of Maryland. A participating employer that is subject to Regulation .03 of this chapter may request a waiver from the requirement to pay contributions via ACH Debit. A request for a waiver shall be made in writing to the Executive Director or the Executive Director’s designee and shall detail the reasons why the participating employer is unable to comply with the ACH Debit requirement. Upon receipt of a request for a waiver, the Executive Director or the Executive Director’s designee may request, and the participating employer shall provide, any additional information or documentation that the Executive Director or the designee considers appropriate to substantiate the participating employer’s request. The Executive Director or the Executive Director’s designee may grant the participating employer’s request for a waiver on a temporary or indefinite basis if the participating employer demonstrates to the satisfaction of the Executive Director or the designee that the participating employer is unable to comply with the ACH Debit requirement. If the Executive Director or the Executive Director’s designee grants a participating employer’s request for a waiver on a temporary basis, the Executive Director or the designee shall specify the time period for the waiver. Any granted waiver shall be effective on the date granted, and no retroactive waivers will be granted. If the Executive Director or the Executive Director’s designee grants a participating employer’s request for a waiver on an indefinite basis, the Retirement Agency may require the participating employer to periodically submit documentation demonstrating the continued necessity of the waiver. If the Executive Director or the designee determines that a waiver is no longer needed, the Executive Director or the designee may rescind the waiver. If the Executive Director or the Executive Director’s designee grants a participating employer’s request for a waiver and the participating employer fails to make timely member contribution payments in accordance with Regulation .03 of this chapter, or fails to submit the information required under Regulation .02 of this chapter as each payroll is paid, and in the manner and format required by the Retirement Agency, the Executive Director or the designee may rescind the waiver. The denial of a request for a waiver from the ACH Debit requirement is not a contested case under State Government Article, §10-202, Annotated Code of Maryland, for which a hearing is required under COMAR 22.03.04. State Personnel and Pensions Article, §§21-110 and 21-314, Annotated Code of Maryland Effective date: January 1, 1996 (22:26 Md. R. 2031) Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the Administrative Histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance. Regulation .01 amended and recodified to be Regulation .02, new Regulation .01 adopted effective December 13, 2021 (48:25 Md. R. 1080) Regulation .03 adopted effective December 13, 2021 (48:25 Md. R. 1080) Regulation .04 adopted effective December 13, 2021 (48:25 Md. R. 1080) If the eligibility of an individual for membership in the Employees' Pension System or the Teachers' Pension System is unclear, the Board of Trustees shall determine whether the individual is a member of the Employees' Pension System or the Teachers' Pension System. The Retirement Agency may not deny an individual who is a member of the Teachers' Retirement System or the Employees' Retirement System before December 1, 1973, the right to: Continue as a member of the Teachers' Retirement System or the Employees' Retirement System; or Receive the accrued benefits to which the member was entitled. Employees Enrolled in the Teachers' Retirement System in Error. An individual enrolled in the Teachers' Retirement System may continue as a member of the Teachers' Retirement System if the individual was enrolled before October 1, 1972, as a result of an administrative error. A recommendation of the Executive Director to remove an employee, enrolled for a period of 6 months or more after October 1, 1972, shall be submitted to the Board of Trustees for approval. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “Contractual employee” means an individual who provides personal services to a participating employer for pay if all of the following conditions exist: The services and pay are specified in a current written personal services agreement between the employer and an individual; There is an employer-employee relationship between the participating employer and the individual; and The individual does not receive any fringe benefits, except as provided by law or by statutorily authorized written policies adopted on or before November 6, 2017, which the employer has applied uniformly and which define a class of contractual employees who are entitled to receive specified fringe benefits. “Emergency employee” means an individual who: Is appointed by a participating employer to provide personal services on an emergency basis; Is employed for a nonrenewable period not to exceed 6 months; and Except as provided by law, does not receive any fringe benefits. “Temporary extra employee” means an individual who: Provides personal services to a participating employer; Is employed for a nonrenewable period not to exceed 6 months; and Except as provided by law, does not receive any fringe benefits. The following individuals shall be excluded from membership in the Employees' Pension System: Subject to §C of this regulation, a contractual, emergency, or temporary extra employee of a participating employer; Employees of the Maryland Center for Public Broadcasting under the 9,000 series; Resident doctors; and School crossing guards who: Are employed by a participating governmental unit: On a substitute or relief basis, or For less than 500 hours; and Except as provided by law, do not receive any fringe benefits from the participating governmental unit. The fact that a participating employer permitted an individual to enroll in the Employees’ Pension System shall not be relevant to the determination of whether the individual is a contractual, emergency, or temporary extra employee who is excluded from membership. State Personnel and Pensions Article, §§21-108, 21-110, 22-207, 23-205, and 23-209, Annotated Code of Maryland Effective date: January 1, 1996 (22:26 Md. R. 2031) Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance. Regulation .02 amended effective August 4, 2014 (41:15 Md. R. 892) Regulation .04 amended effective August 4, 2014 (41:15 Md. R. 892) Regulation .04A amended effective September 6, 1999 (26:18 Md. R. 1377); October 9, 2017 (44:20 Md. R. 946) Regulation .05 adopted as an emergency provision effective June 1, 1998 (25:14 Md. R. 1130); emergency status expired December 1, 1998 Chapter revised effective April 13, 2026 (53:7 Md. R 329) This chapter applies only to the Teachers' Pension System and the Teachers' Retirement System. The terms “clerk”, “helping teacher”, “principal”, “superintendent”, “supervisor”, or “teacher” in State Personnel and Pensions Article, §§22-205(a)(1) and 23-206(a)(1), Annotated Code of Maryland, include the following employees 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: Individuals who are eligible for a certificate under Education Article, Title 6, Annotated Code of Maryland, who perform teaching duties or who perform administrative or supervisory duties in the teaching field; Principal employees on the central staff who supervise one or more of the following categories: Transportation, Building operations (includes maintenance, custodial, repair operations, and security services), or Food services; Audiologists with proper degrees; Bookmobile drivers who are designated as driver/clerks; Bus attendants for handicapped children; Dietitians with appropriate degrees; Occupational therapists with proper degrees; Professional speech pathologists with proper degrees; Psychiatrists; Psychologists; Psychometrists with proper degrees; Registered nurses; Social workers with appropriate degrees; Classroom teacher aides; Physical therapists; and Braillists. The terms “clerk”, “helping teacher”, “principal”, “superintendent”, “supervisor”, or “teacher” in State Personnel and Pensions Article, §§22-205(a)(1) and 23-206(a)(1), Annotated Code of Maryland, do not include the employees, listed in §B of this regulation, 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. The following employees of a day school are not included within the terms described in §A of this regulation: Administrative assistants to the superintendent; Architects; Artists; Assessments specialists; Audiovisual technicians; Bus drivers; Cafeteria and food service workers; Community aides and specialists; Construction workers; Consultants; Counselor aides and assistants; Custodians; Draftsmen; Driver education aides; Educational TV technicians; Engineers; Financial aid and job counselors; Foremen; Fringe benefits personnel; Health aides; Human relations, equal opportunity, affirmative action personnel; Inspectors; Institutional research and development personnel; Interagency programs and planning personnel; Interns; Janitors; Laboratory aides/technicians; Mail room couriers, messengers/clerks; Maintenance workers; Media specialists (review and evaluation centers); Nurses' aides; Ombudsmen; Photographers; Plant operations personnel; Printers; Public relations specialists, specialists in public relations publications and public information; Purchasing agents or officials; Quality assurance personnel and testing and evaluation personnel; Reading/study skills technicians; Repairs personnel; Safety and insurance specialists; School business managers—administrative assistants; Security personnel; Site acquisition personnel; Site development personnel; Site planning personnel; Staff development and career programs personnel; Statisticians; Student affairs and student activities personnel; Therapist aides/assistants; Transportation personnel; Warehousemen; and An individual who is employed under a federal public service employment program. “Educational institution” means: The University of Maryland System; Morgan State University; St. Mary's College; or The Maryland Higher Education Commission. The following employees of an educational institution are eligible for membership: Faculty members; and Individuals who hold unclassified positions that are under the jurisdiction of an educational institution. Resident doctors are not eligible for membership. The following personnel of a community college or regional community college established under Education Article, Title 16, Annotated Code of Maryland, are eligible for membership: Faculty members; Employees who hold a position that is designated as a professional position that involves specialized skill, education, and knowledge and the employees' labor is predominantly intellectual rather than physical or manual; and Clerical employees. The following personnel in a public library established or operating under the Education Article, Title 23, Annotated Code of Maryland, are eligible for membership: Personnel holding a certificate or provisional certificate of library qualifications issued by the State Board of Education who perform librarian duties; Clerical employees of a public library, including material processors; and Public library associates meeting the standards set forth in COMAR 13A.05.04.03. Definitions. In this regulation, the following terms have the meanings indicated. Terms Defined. “County board” means a county board of education or the Baltimore City Board of School Commissioners. “Eligible teacher” means an individual who is: Certified to teach early childhood education (nursery—3) or infant/primary (birth—grade 3) in accordance with regulations promulgated by the State Board of Education; Employed by a county board to perform teaching duties in a position that requires a certificate in early childhood education (nursery—3) or infant/primary (birth—grade 3); and Enrolled as a member of the local pension system as a condition of employment instead of the Teachers' Pension System. Local Pension System. “Local pension system” means a retirement or pension system operated and administered by a county board for its employees. “Local pension system” includes the Employees' Retirement System and the Employees' Pension System if the county board is a participating government unit. Except as provided in §C of this regulation, an individual shall be enrolled in the Teachers' Pension System as a condition of employment if the individual: Is certified to teach early childhood education (nursery—3) or infant/primary (birth—grade 3) in accordance with regulations promulgated by the State Board of Education; Becomes an employee of a county board on or after March 1, 1999, in a position that requires a certificate in early childhood education (nursery—3) or infant/primary (birth—grade 3); and Performs teaching duties for the county board. Option to Decline Membership. This section applies to an eligible teacher who was employed by a county board before March 1, 1999. This section does not apply to an eligible teacher who: Separated from employment with a county board before March 1, 1999; and Is not reemployed by a county board as an eligible teacher on or after March 1, 1999. Enrollment in the Teachers' Pension System. Except as provided in §C(3)(b) of this regulation, an eligible teacher shall be enrolled in the Teachers' Pension System on or before January 1, 2000. Election to Decline to Transfer. An eligible teacher may remain in the local pension system administered by the county board that employs the eligible teacher if the eligible teacher declines to transfer the eligible teacher's service credit from the local pension system to the Teachers' Pension System on or before December 1, 1999, as provided in §C(4) of this regulation. An election by an eligible teacher to decline to transfer service credit is irrevocable. Election to Decline to Transfer Form. The Retirement Agency shall provide an election to decline to transfer to the Teachers' Pension System form to each county board. Each county board shall provide the Retirement Agency form to each eligible teacher who has the right to elect to decline to transfer to the Teachers' Pension System. To decline to transfer to the Teachers' Pension System, an eligible teacher shall complete the form and submit the completed form to the county board and the Retirement Agency on or before December 1, 1999. On or before January 1, 2000, each county board shall provide the Retirement Agency with a schedule showing the name, address, and Social Security number of each eligible teacher who: Is eligible to be enrolled in the Teachers' Pension System; and Received the election to decline to transfer to the Teachers' Pension System form. For each eligible teacher who is enrolled in the Teachers' Pension System under §C(3)(a) of this regulation, the county board or the local pension system: Shall certify to the Retirement Agency: The amount of the individual's previous service credit as of June 30, 1998, The amount of the individual's previous service credit from July 1, 1998 to the date of certification, The type of the individual's previous service credit, A record of the individual's earnable compensation, The amount of the member contributions, including interest on the contributions, to the individual's credit in the local pension system, The tax attributes of the member contributions, and Any other information required by the Retirement Agency; Shall deliver to the Retirement Agency any supporting documentation that the Retirement Agency believes is necessary; and May not provide any benefit for service credit transferred to the Teachers' Pension System. Transfer of Service Credit. Except as provided in §D(7)(b) of this regulation, on enrollment in the Teachers' Pension System on or before January 1, 2000: An individual's service credit accumulated under the local system shall be transferred from the local pension system to the Teachers' Pension System; The total member contributions, including interest on the contributions, to the individual's credit in the local pension system, if any, shall be transferred to the Teachers' Pension System; and The eligible teacher shall pay the rate of contribution applicable to a member of the Teachers' Pension System and is eligible for an allowance as provided under the Teachers' Pension System, determined by taking into account the transferred service credit. If an eligible teacher transfers to the Teachers' Pension System from a local pension system that is noncontributory, on retirement the eligible teacher's retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions that would have been deducted if the individual had earned the transferred service credit under the Teachers' Pension System, including interest on those contributions, unless the eligible teacher pays the accumulated contributions, including interest on those contributions, to the Retirement Agency. State Personnel and Pensions Article, §§21-108, 21-110, 22-205, 22-208, 23-206, and 23-210, Annotated Code of Maryland Effective date: January 1, 1996 (22:26 Md. R. 2031) Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance. Regulation .07 adopted effective September 6, 1999 (26:18 Md. R. 1378)