(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.
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