Section 23-206 - Membership in the Teachers' Pension System - Scope.

§ 23-206. Membership in the Teachers' Pension System - Scope.
 

(a)  Application.- Except as provided in subsection (b) of this section, §§ 23-208 through 23-210 of this subtitle apply only to: 

(1) an employee 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, employed as: 

(i) a clerk; 

(ii) a helping teacher; 

(iii) a principal; 

(iv) a superintendent; 

(v) a supervisor; or 

(vi) a teacher; 

(2) a faculty employee of an educational institution supported by and under the control of the State; 

(3) a librarian or clerical employee of a library that is established or operates under the Education Article; 

(4) a professional or clerical employee of a community college that is established or operates under the Education Article; 

(5) a staff employee of the University System of Maryland, Morgan State University, or St. Mary's College who is a member of the Teachers' Pension System as of January 1, 1998, or who transfers from the Teachers' Retirement System on or after January 1, 1998; or 

(6) a nonfaculty employee of the Baltimore City Community College who: 

(i) is a member of the Teachers' Pension System as of October 1, 2002 and does not transfer to the Employees' Pension System in accordance with § 23-202.1 of this subtitle; or 

(ii) transfers from the Teachers' Retirement System on or after October 1, 2002. 

(b)  Exceptions.- Sections 23-208 and 23-209 of this subtitle do not apply to: 

(1) an individual who has elected to participate in an optional retirement program under Title 30 of this article; 

(2) an individual who is employed under a federal public service employment program; 

(3) a professional or clerical employee of the Department of Public Libraries of Montgomery County who is participating in the Employees' Retirement System of Montgomery County; 

(4) a staff employee of the University System of Maryland, Morgan State University, or St. Mary's College who becomes employed on or after January 1, 1998 in a position as a staff employee of the educational institution that was eligible for membership in the Teachers' Retirement System or Teachers' Pension System under Chapter 6, § 8, paragraphs 1(a) and 2(a) of the Acts of 1994; 

(5) an employee who is not a member of a State system and who accepts a position for which the budgeted hours per fiscal year are less than 500 hours in the first fiscal year of employment; or 

(6) a nonfaculty employee of the Baltimore City Community College who becomes employed on or after October 1, 2002, or who transfers to the Employees' Pension System in accordance with § 23-202.1 of this subtitle. 
 

[An. Code 1957, art. 73B, §§ 3-506, 5-101, 5-201; 1994, ch. 6, § 2; 1996, ch. 618, § 2; 1998, ch. 467; 1999, ch. 522; 2002, ch. 127; 2004, ch. 25, § 5; ch. 532, § 2.]