# COMAR Title 22 — State Retirement and Pension System

## Subtitle 04 — Membership

### Chapter 02 — Membership in the Employees' System or the Teachers' System — General

**Authority:** State Personnel and Pensions Article, §§21-108, 21-110, 22-207, 23-205, and 23-209, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted.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.

**Administrative History:** Regulation .02 amended effective August 4, 2014 (41:15 Md. R. 892)

**Administrative History:** Regulation .04 amended effective August 4, 2014 (41:15 Md. R. 892)

**Administrative History:** Regulation .04A amended effective September 6, 1999 (26:18 Md. R. 1377); October 9, 2017 (44:20 Md. R. 946)

**Administrative History:** Regulation .05 adopted as an emergency provision effective June 1, 1998 (25:14 Md. R. 1130); emergency status expired December 1, 1998

**Administrative History:** Chapter revised effective April 13, 2026 (53:7 Md. R 329)

#### Regulation .01 Determination by the Board of Trustees.

*COMAR 22.04.02.01*

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.

#### Regulation .02 Continuation of Membership.

*COMAR 22.04.02.02*

A. 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:

  (1) Continue as a member of the Teachers' Retirement System or the Employees' Retirement System; or

  (2) Receive the accrued benefits to which the member was entitled.

B. Employees Enrolled in the Teachers' Retirement System in Error.

  (1) 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.

  (2) 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.

#### Regulation .03 Membership in the Employees' Pension System.

*COMAR 22.04.02.03*

A. Definitions.

  (1) In this regulation, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “Contractual employee” means an individual who provides personal services to a participating employer for pay if all of the following conditions exist:

      (i) The services and pay are specified in a current written personal services agreement between the employer and an individual;

      (ii) There is an employer-employee relationship between the participating employer and the individual; and

      (iii) 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.

    (b) “Emergency employee” means an individual who:

      (i) Is appointed by a participating employer to provide personal services on an emergency basis;

      (ii) Is employed for a nonrenewable period not to exceed 6 months; and

      (iii) Except as provided by law, does not receive any fringe benefits.

    (c) “Temporary extra employee” means an individual who:

      (i) Provides personal services to a participating employer;

      (ii) Is employed for a nonrenewable period not to exceed 6 months; and

      (iii) Except as provided by law, does not receive any fringe benefits.

B. The following individuals shall be excluded from membership in the Employees' Pension System:

  (1) Subject to §C of this regulation, a contractual, emergency, or temporary extra employee of a participating employer;

  (2) Employees of the Maryland Center for Public Broadcasting under the 9,000 series;

  (3) Resident doctors; and

  (4) School crossing guards who:

    (a) Are employed by a participating governmental unit:

      (i) On a substitute or relief basis, or

      (ii) For less than 500 hours; and

    (b) Except as provided by law, do not receive any fringe benefits from the participating governmental unit.

C. 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.