(a) Except as provided in subsection (b) of this section, §§ 23–203 through 23–205 of this subtitle apply only to:
(1) a regular employee whose compensation is provided by State appropriation or paid from State funds;
(2) an appointed or elected official of the State, including:
(i) a clerk of the circuit court;
(ii) a register of wills;
(iii) a State’s Attorney; and
(iv) a sheriff;
(3) an employee or official of a participating governmental unit who is eligible to participate under Title 31, Subtitle 1 of this article;
(4) an employee of the Office of the Sheriff of Baltimore City;
(5) an additional employee or agent of the State Racing Commission authorized by § 11–207 of the Business Regulation Article;
(6) a permanent employee of the board of supervisors of elections of a county;
(7) a full–time magistrate in chancery or in juvenile causes who is appointed on or after July 1, 1989, in any county by the circuit court for that county;
(8) an employee of the Maryland Environmental Service who is a member of the Employees’ Pension System on June 30, 1993, or transfers from the Employees’ Retirement System on or after July 1, 1993;
(9) a former Baltimore City jail employee who became an employee of the Baltimore City Detention Center and a member of the Employees’ Pension System on July 1, 1991;
(10) a nonfaculty employee of the Baltimore City Community College who:
(i) is a member of the Employees’ Pension System on October 1, 2002;
(ii) transfers from the Employees’ Retirement System on or after October 1, 2002;
(iii) transfers from the Teachers’ Pension System in accordance with § 23–202.1 of this subtitle; or
(iv) becomes an employee of the Baltimore City Community College on or after October 1, 2002;
(11) a court reporter for the Circuit Court for Charles County who is a member of the Employees’ Pension System on July 1, 1994, or transfers from the Employees’ Retirement System on or after July 1, 1994;
(12) a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who is:
(i) a member of the Employees’ Pension System on January 1, 1998, or transfers from the Employees’ Retirement System on or after January 1, 1998; or
(ii) a staff employee of the University System of Maryland, Morgan State University, or St. Mary’s College who becomes an employee on or after January 1, 1998;
(13) an individual who, on and before the effective date of participation as defined under § 31–101(c) of this article, is:
(i) a supportive service employee of the Board of Education of Kent County;
(ii) an employee of the Town of Oakland;
(iii) an employee of the City of Frostburg;
(iv) an employee of the Town of Sykesville; or
(v) an employee of the Town of University Park;
(14) an employee of the Maryland Automobile Insurance Fund on or after the date that the Maryland Automobile Insurance Fund begins participation in the Employees’ Pension System; and
(15) the Executive Director of the Alcohol, Tobacco, and Cannabis Commission, if the Executive Director is not a sworn police officer with the powers granted to an officer of the Field Enforcement Division under § 1–313 of the Alcoholic Beverages and Cannabis Article.
(b) Sections 23–203 through 23–205 of this subtitle do not apply to:
(1) an individual who is or is entitled to be a member of any State system other than the Employees’ Pension System;
(2) a contractual, emergency, or temporary extra employee;
(3) an individual who is employed under a federal public service employment program;
(4) an assessor who is a member of a retirement or pension system operated by a political subdivision of the State;
(5) an employee of a local board of elections who chooses to stay in a local merit system under § 2–207 of the Election Law Article;
(6) a nonclerical or nonprofessional employee of the Baltimore City Community College who:
(i) was an employee of the New Community College of Baltimore during the 1989–1990 academic year;
(ii) was employed by the New Community College of Baltimore on or before December 31, 1990, as a “Class A” member of the Baltimore City Retirement Plan; and
(iii) elected to remain a member of the Baltimore City Retirement Plan;
(7) 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;
(8) an employee of the Domestic Relations Division of the Anne Arundel County Circuit Court who:
(i) was transferred on or after July 1, 2002, into the State Personnel Management System as an employee of the Child Support Administration of the Maryland Department of Human Services;
(ii) elected, under § 2–510 of the Courts Article, to remain as a participant in the Anne Arundel County Retirement and Pension System; and
(iii) remains as an employee of the Child Support Administration of the Maryland Department of Human Services or an attorney employed to represent the Child Support Administration;
(9) a nonfaculty employee of the Baltimore City Community College who is eligible to participate and elects to participate in an optional retirement program under Title 30 of this article;
(10) an appointed or elected official who on or after July 1, 2007, is a member of any other State or local retirement or pension system as defined under Title 37 of this article; or
(11) the Director of the Department of Social Services in Montgomery County who:
(i) was transferred into the State Personnel Management System as an employee of the Social Services Administration of the Maryland Department of Human Services;
(ii) elected, under § 3–403.1 of the Human Services Article, to remain as a participant in the Montgomery County Employees’ Retirement System; and
(iii) remains as an employee of the Social Services Administration of the Maryland Department of Human Services.