(a) In this section, "active member" means a member who is not separated from employment with the State or a participating employer of the State. (b) Except as provided in subsection (d) of this section, this part applies to an individual who on or after June 30, 2006, is: (1) an active member of the Employees' Pension System or the Teachers' Pension System; or (2) a member of the Teachers' Retirement System or Employees' Retirement System who is subject to Selection C (Combination Formula) as provided in § 22-221 of this article. (c) (1) This subsection applies to an individual who: (i) was an employee of the Somerset County Economic Development Commission on June 30, 2011, and who remains an employee through the effective date of participation for the Somerset County Economic Development Commission as a participating governmental unit; or (ii) 1. was an employee of the Dorchester County Council working for the Dorchester County Sanitary Commission on June 30, 2011; 2. continues working for the Dorchester County Sanitary Commission without incurring a break in employment of more than 30 days; and 3. becomes an employee of the Dorchester County Sanitary Commission before the effective date of participation for the Dorchester County Sanitary Commission as a participating governmental unit and remains an employee through the effective date of participation. (2) An individual described in paragraph (1) of this subsection shall be considered subject to the alternate contributory pension benefit under Part III of this subtitle in the same manner as an individual who was a member of the Employees' Pension System on June 30, 2011. (d) This Part III does not apply to: (1) an employee of a participating governmental unit participating in the Employees' Pension System that has not elected to participate in the Alternate Contributory Pension Selection under § 31-116.1 of this article or a former participating governmental unit, other than Frederick County, that has withdrawn from the Employees' Pension System; or (2) a member of the Employees' Pension System or the Teachers' Pension System who transferred from the Employees' Retirement System or the Teachers' Retirement System after April 1, 1998.
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