§23–201.

    (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.