(a) (1) Without regard to the laws of this State relating to other State employees, and subject to § 2-103.4 of this article, the Administration may: (i) Create and abolish any position other than one specifically provided for in this title; and (ii) Determine the qualification, appointment, removal, term, and tenure of its employees. (2) The Administration may determine the compensation of: (i) Employees if the compensation is determined pursuant to Subtitle 6 of this title; (ii) Executive management positions, as recommended by the Secretary and approved by the Governor, subject to approval in the budget; and (iii) Management positions, subject to approval by the Secretary and the Governor and the availability of funds in the budget. (b) (1) Subject to § 2-103.4 of this article, the Administration may establish a personnel system based on merit and fitness. (2) The Administration may: (i) Subject to Division II of the State Personnel and Pensions Article, participate in the Employees' Retirement System and the Employees' Pension System of the State of Maryland on terms and conditions mutually acceptable to the Administration and the Board of Trustees for the State Retirement and Pension System; and (ii) Establish and maintain an independent system of pensions and retirement benefits for its employees. (c) The Administrator may appoint and remove all employees of the Administration, subject to the rules of procedure and standards that the Secretary adopts.
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