§ 2-5A-06. Positions subject to system

   (a) In general. -- The following positions shall be subject to the personnel merit system:

   (1) Any position to which an appointment by a clerk of the Supreme Bench of Baltimore City is authorized on or before June 30, 1982;

   (2) Any position to which an appointment by a judge of the Supreme Bench of Baltimore City is authorized on or before June 30, 1982, and that was assigned to any of the following:

      (i) The civil assignment commissioner's office;

      (ii) The jury commissioner's office;

      (iii) The criminal assignment commissioner's office; or

      (iv) The juvenile court clerk's office;

   (3) The six positions of deputy clerk of the proposed Circuit Court for Baltimore City that are created for the purpose of transferring the clerks of the several courts of the Supreme Bench to the office of the clerk of the Circuit Court for Baltimore City; and

   (4) Any position that is created or redesignated as a permanent position and assigned to the clerk of the Circuit Court for Baltimore City after January 1, 1983.

(b) Election of plan. --

   (1) An employee in a position under subsection (a) of this section who is a member of the A, B, or C plan of the Baltimore City Employees Retirement System as of December 31, 1982, may, within 90 days after that date, make an irrevocable election to:

      (i) Remain a member of the A, B, or C plan of the Baltimore City Employees Retirement System; or

      (ii) Become a member of the Employees' Pension System of the State of Maryland.

   (2) The State shall pay to Baltimore City, for those employees electing to remain in the City system, the necessary:

      (i) Employer contribution; and

      (ii) Employee contribution withheld from the employees' compensation by the State in accordance with City ordinance.

   (3) For those employees electing to become members of the Employees' Pension System of the State of Maryland, the transfer of employer and employee contributions shall be as provided in § 37-205 of the State Personnel and Pensions Article.

HISTORY: 1980, ch. 526, § 1; 1981, ch. 137, § 1; ch. 408; 1982, ch. 630; 1985, ch. 725; 1992, ch. 131, § 12; ch. 169; 1994, ch. 468.