§35–602.

    An individual is eligible to participate in the deferred compensation plan if the individual is:

        (1)    an officer of this State;

        (2)    an employee of this State, including a contractual employee;

        (3)    an employee of the Northeast Maryland Waste Disposal Authority;

        (4)    an independent contractor who performs service under § 21–304(c) of the Education Article; or

        (5)    an employee of the Maryland Small Business Retirement Savings Board who has been determined by the Board to be an eligible employee under the federal Internal Revenue Code.