Maryland State Personnel and Pensions Section 23-206

      (a)      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)      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.