(a) Generally. The participants in the plan are the following permanent full-time and permanent part-time employees who work at least 50% of the amount of time specified for the position:
(1) classified employees, except for employees who are participants under the Police Service Retirement Plan, the Fire Service Retirement Plan, or the Detention Officers' and Deputy Sheriffs' Retirement Plan;
(2) appointed officials and elected officials, except for:
(i) a Chief of Police, an Assistant Chief of Police, a Deputy Police Chief, exempt service, or a Police Major who elects to be a participant in the Police Service Retirement Plan;
(ii) a Fire Chief or Assistant Fire Chief who elects to be a participant in the Fire Service Retirement Plan; and
(iii) a Superintendent of Detention Facilities employed by the County before October 29, 2020, who elects to be a participant in the Detention Officers' and Deputy Sheriffs' Retirement Plan;
(3) employees of the Anne Arundel County Credit Union;
(4) employees of the Anne Arundel Soil Conservation District;
(5) employees of the Anne Arundel Economic Development Corporation;
(6) employees of the Public Library Association of Annapolis and Anne Arundel County, Inc. In positions that are not eligible for any State pension or retirement plan;
(7) employees of the Maryland Association of Counties and the Housing Commission of Anne Arundel County who were participants of the plan on the effective dates of Bill No. 17-98 and Bill No. 51-00, respectively, and who made an election to continue as participants in this plan; and
(8) after July 1, 2002, employees of the Domestic Relations Division of the Circuit Court for Anne Arundel County who were transferred into the State Personnel Management System as employees of the Child Support Enforcement Administration of the State Department of Human Resources and who elected to remain participants in the Employees' Retirement Plan under the provisions of the Courts and Judicial Proceedings Article, § 2-510, of the State Code.
(b) One-time irrevocable option. The following employees have a one-time irrevocable option at their date of hire to elect to become participants in the plan:
(1) employees of the Circuit Court for Anne Arundel County in positions that are not eligible for any State pension or retirement plan;
(2) employees of the Anne Arundel County Office of the State's Attorney; and
(3) school crossing guards; and
(4) employees of the Anne Arundel County Board of License Commissioners in the positions of full-time administrator and full-time secretary authorized by § 11-204 of the Alcoholic Beverages and Cannabis Article of State Code.
(c) Employees not eligible. The following employees are not eligible to be participants in the plan:
(1) employees hired on a part-time basis with scheduled hours less than 50% of the amount of time specified for the position;
(2) employees hired on a temporary basis; and
(d) Freeze of participation. Notwithstanding anything in this title to the contrary, in the event a participant elects to participate in the Employee Retirement Savings Plan as permitted by § 6-6-103 of this Code, such participant shall not be entitled to any benefit under this plan, whether based on service or compensation.
(1985 Code, Art. 7, § 3-103) (Bill No. 90-01; Bill No. 7-03; Bill No. 60-09; Bill No. 72-13; Bill No. 98-13; Bill No. 36-14; Bill No. 47-15; Bill No. 95-17; Bill No. 54-20; Bill No. 67-23)