MD. State Personnel and Pensions Code Ann. §  23-204 (2021)
2021 Maryland Statutes|State Personnel and Pensions|Division II - Pensions|Title 23 - Employees' and Teachers' Pension Systems|Subtitle 2 - Membership|Part I - Membership Generally|Section 23-204 - Membership in the Employees' Pension System -- Optional Membership

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