§ 6-6-103. Eligibility.
   (a)   Eligible employees.
      (1)   Any employee hired in any position eligible to participate in the Employees' Retirement Plan under Article 5, Title 3 of this Code, on or after July 1, 2018, and not deemed ineligible under subsection (b), shall have the option to elect irrevocably to participate in either the Employees' Retirement Plan or the plan within 30 days of the employee's date of employment, in accordance with the guidelines and procedures established by the County.
      (2)   Other than an exempt employee or an elected official, any employee who is a non-vested member of the Employees' Retirement Plan as of July 1, 2018, who was hired on or after December 1, 2014, and who remains employed in an eligible capacity on July 1, 2018, and not deemed ineligible under subsection (b), shall have the option, during the period from July 1, 2018, through and including December 31, 2018, to elect irrevocably to cease participation in the Employees' Retirement Plan and participate in the plan, in accordance with the guidelines and procedures established by the County.
      (3)   An exempt employee or an elected official who is a non-vested member of the Employees' Retirement Plan as of December 3, 2018, who was hired on or after December 1, 2014, who remains employed in an eligible capacity on December 3, 2018, and who is not deemed ineligible under subsection (b), shall have the option, during the period from December 3, 2018, through and including December 31, 2018, to elect irrevocably to cease participation in the Employees' Retirement Plan and participate in the plan in accordance with the guidelines and procedures established by the County.
   (b)   Ineligible employees. The following individuals are not eligible to participate in the plan:
      (1)   any person classified by the county as a temporary or contractual employee of the County, as determined by the County, under § 802(a)(14) and (17) of the Charter;
      (2)   any employee working less than 50% of the amount of time specified for the position;
      (3)   any employee of the Anne Arundel Soil Conservation District;
      (4)   any employee of the Public Library Association of Annapolis and Anne Arundel County, Inc. in positions eligible for any State pension or retirement plan;
      (5)   any employee of the Domestic Relations Division of the Circuit Court for Anne Arundel County; and
      (6)   any other employee who is excluded from participation in the Employees' Retirement Plan.
   (c)   Break in eligibility. A participant who ceases to be an eligible employee for any reason and who subsequently becomes an eligible employee shall be eligible to participate in the plan on the first day the employee again becomes an eligible employee.
(Bill No. 95-17)