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)