(a) Participant requirements.
(1) Full-time employees.
(A) Except as provided in paragraphs (3) and (4), and the last sentence of Section 33-37(e)(2), a full-time employee eligible for membership in Group I or Group II must participate in the Retirement Savings Plan or the Guaranteed Retirement Income Plan when the full-time employee meets the applicable eligibility requirements or forfeit employment, unless the Chief Administrative Officer exempts the employee from participation.
(B) A part-time employee who becomes a full-time employee and is not an active member of any retirement plan for County employees, must become a member of:
(i) the integrated retirement plan, if the employee is eligible for membership in the integrated plan;
(ii) the Retirement Savings Plan, if the employee qualifies for Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994; or
(iii) the guaranteed retirement income plan if the employee is eligible for membership in accordance with subsection (7).
(C) A temporary employee who becomes a full-time employee must become an active member of:
(i) the integrated plan, if the employee is eligible for membership in the integrated plan;
(ii) the Retirement Savings Plan, if the employee satisfies the requirements for membership in Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994; or
(iii) the guaranteed retirement income plan if the employee is eligible for membership in the guaranteed retirement income plan.
(2) Part-time employees.
(A) A part-time employee eligible for membership in Group I or Group II may elect to participate in the plan. An employee who becomes a member of the Retirement Savings Plan must remain an active member until the employee becomes ineligible for membership in Group I or II.
(B) A part-time employee who is not an active member of a retirement plan may become a member of:
(i) the integrated plan, if the employee is eligible for membership in the integrated plan;
(ii) the Retirement Savings Plan if the employee satisfies the requirements for membership in Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994; or
(iii) the guaranteed retirement income plan if the employee is eligible for membership and makes an election under subsection (7).
(C) A full-time employee who becomes a part-time employee may withdraw from active membership in the Retirement Savings Plan and stop making employee contributions, but may not become an active member again unless the employee becomes a full-time employee or an elected official.
(3) A person employed by the County Department of Social Services on July 1, 1996, with fewer than 3 years of eligibility service as of October 1, 1996, under the State of Maryland Retirement or Pension Systems must transfer the service to the retirement savings plan and participate in the retirement savings plan, or forfeit employment by the County. If the employee is a part-time employee of the County upon transferring from State to County employment, the employee may, but is not required to, participate in the retirement savings plan.
(4) A person employed by the County Department of Social Services on July 1, 1996, who earned at least 3 years of eligibility service as of October 1, 1996, under the State of Maryland Retirement or Pension Systems may participate in the retirement savings plan only if the person notifies the Chief Administrative Officer in writing by April 1, 1997. An employee who elects under this paragraph to participate becomes a member of the plan at the beginning of the first pay period after the Chief Administrative Officer receives the employee's written notice.
(5) If a person transfers under paragraphs (3) or (4) to the retirement savings plan, all funds in the State of Maryland Retirement or Pension Systems attributable to the participation of the person must be transferred directly from the Board of Trustees of the State Retirement or Pension Systems to the Board.
(6) An employee who is not an active member of a County retirement plan but is eligible for membership in the integrated retirement plan may become a member of the Retirement Savings Plan or the guaranteed retirement income plan. The employee must remain a member of the Retirement Savings Plan or the guaranteed retirement plan until the employee becomes ineligible for membership.
(7) Participation in the guaranteed retirement income plan.
(A) A participant who changes employment from the County directly to a participating agency or from a participating agency directly to the County must continue to participate in his or her retirement plan and is not eligible to make an election. A member of the Office, Professional and Technical (OPT) or the Service, Labor and Trades (SLT) collective bargaining unit of the County government must participate in the Guaranteed Retirement Income Plan, unless the employee makes a one-time irrevocable election to participate in the Retirement Savings Plan during the first 150 days of employment, if the employee:
(i) is hired as a full-time employee on or after July 1, 2015;
(ii) is a part time employee who does not participate in the Retirement Savings Plan and becomes a full-time employee on or after July 1, 2015; or
(iii) is hired as a part time employee on or after July 1, 2023, and does not elect to forego participation in either the guaranteed retirement income plan or the retirement savings plan.
Participation must begin on the first pay period after an employee has completed 180 days of full time employment.
(B) Except as provided in subparagraph (A), an eligible employee must participate in the Retirement Savings Plan unless the employee makes a one-time irrevocable election to participate in the Guaranteed Retirement Income Plan during the first 150 days of full-time employment. Participation must begin on the first pay period after an employee has completed 180 days of full-time employment. A part-time employee who participates in either the Retirement Savings Plan or the Guaranteed Retirement Income Plan when the employee becomes a full-time employee must continue to participate in the same retirement plan.
(C) A part time employee who is not a participant in the retirement savings plan may make a one time irrevocable election to participate in the guaranteed retirement income plan any time after the employee has completed 150 days of employment.
(b) Participants groups and eligibility.
(1) Group I. Except as provided in the last sentence of Section 33-37(e)(2), any full- time or career part-time employee meeting the criteria in paragraphs (A) or (B) must participate in the retirement savings plan if the employee begins, or returns to, County service on or after October 1, 1994. An employee hired on or after July 1, 2009 must be employed on a full time or part time basis with the County for 180 days before participating in the retirement savings plan. An individual who changes employment from the County government directly to a participating agency or from a participating agency directly to the County government must continue to participate in the same retirement plan. Participation in the Retirement Savings Plan must begin on the first payroll after an employee has completed 180 days of employment if the employee:
(A) (i) is not represented by a County government employee organization;
(ii) does not occupy a County government bargaining unit position;
(iii) is not a public safety employee; and
(iv) does not elect to participate in the guaranteed retirement income plan; or
(B) (i) is not a public safety employee; and
(ii) is subject to the terms of a collective bargaining agreement between the County and an employee organization which requires the employee to participate in the Guaranteed Retirement Income Plan if the employee does not elect to participate in the Retirement Savings Plan; and
(iii) elects to participate in the Retirement Savings Plan.
(2) Group II.
(A) Except as provided in the last sentence of Section 33-37(e)(2), a full-time or career part-time employee must participate in the retirement savings plan if the employee begins, or returns to, County service on or after October 1, 1994; and
(i) is a public safety employee; and
(ii) is subject to the terms of a collective bargaining agreement between the County and an employee organization which requires the employee to participate in the retirement savings plan.
(B) A member of the Police Bargaining Unit may transfer to Group II of the retirement savings plan if the employee has accumulated enough credited service to obtain the maximum retirement benefit under the optional or integrated plan.
(C) Except as provided in the last sentence of Section 33-37(e)(2), a full-time or career part-time employee must participate in the retirement savings plan or the guaranteed retirement income plan if the employee begins, or returns to, County service on or after October 1, 1994; and
(i) is not represented by an employee organization;
(ii) does not occupy a bargaining unit position; and
(iii) is a public safety employee.
(c) Transfers.
(1) Transfers from the retirement savings plan are only permitted as described in paragraph (4). After an employee enrolls in the retirement savings plan, the employee must continue in the retirement savings plan until the employee is no longer eligible for membership in either Group I or Group II. If an employee is no longer eligible for membership in Group I or Group II, the employee may participate in the plan of the retirement system in which the member qualifies for participation under Article III.
(A) A former participant who is no longer eligible to participate in the retirement savings plan retains the right to the vested account balances and any distribution under the retirement savings plan, unless the participant elected to participate in the guaranteed retirement income plan under paragraph (4) and the participant’s account balance was transferred to the guaranteed retirement income plan.
(B) The former participant's participation under the optional retirement plan or the integrated retirement plan, or the guaranteed retirement income plan is governed by Article III.
(2) Any employee enrolled in the optional retirement plan or the integrated retirement plan under Article III may transfer to the retirement savings plan.
(A) An employee electing to transfer into the retirement savings plan must transfer into the membership group for which the employee qualifies for participation, excluding the requirement that the employee begin County service on or after October 1, 1994.
(B) The employee's credited service for purposes of determining the employee's vested benefits in the retirement savings plan must be determined based upon the employee's total number of years of credited service earned under the retirement savings plan, the optional retirement plan, and the integrated retirement plan.
(C) The employee's benefit calculations under the plan from which the employee transferred is governed by Article III.
(D) No transfers will be permitted before April 1, 1995. Any transfer takes effect at the beginning of the first pay period following the employee's written election to transfer.
(3) Transfers between Group I and Group II. If a participant no longer satisfies the requirements for the group in which the participant is enrolled, the participant must transfer to the group in which the participant satisfies the membership requirements.
(4) Transfer to the guaranteed retirement income plan.
(A) A full time or part time employee hired on or after October 1, 1994 and before January 1, 2009 who participates in the retirement savings plan, and who is not a public safety employee, may make a one time irrevocable election to terminate participation in the retirement savings plan and participate in the guaranteed retirement income plan effective the first full pay period after July 1, 2009. An employee must make this election between December 31, 2008 and June 1, 2009. An employee who elects to terminate participation in the retirement savings plan must have his or her account balances transferred to the guaranteed retirement income plan. An employee who does not make this election must continue to participate in the retirement savings plan.
(B) A full time or part time employee hired between December 31, 2008 and July 1, 2009 who participates in the retirement savings plan, and who is not a public safety employee, may make a one time irrevocable election to terminate participation in the retirement savings plan and participate in the guaranteed retirement income plan. An employee has 150 days after the employee was hired to make this election. An employee who makes this election must have his or her account balance transferred to the guaranteed income plan. An employee who does not make this election must continue to participate in the retirement savings plan.
(C) A full-time or part-time employee hired on or after October 1, 1994 and before January 1, 2009 who participates in the retirement savings plan, and who is a public safety employee not represented by an employee organization and does not occupy a bargaining unit position, may make a one-time irrevocable election to terminate participation in the retirement savings plan and participate in the guaranteed retirement income plan effective the first full pay period after December 31, 2009. An employee must make this election between October 1, 2009 and December 1, 2009. An employee who elects to terminate participation in the retirement savings plan must have his or her account balances transferred to the guaranteed retirement income plan. An employee who does not make this election must continue to participate in the retirement savings plan. (1994 L.M.C., ch. 13, § 2; 1996 L.M.C., ch. 27, § 1; 2004 L.M.C., ch 17, § 1; 2008 L.M.C., ch. 22, § 1; 2009 L.M.C., ch. 23, § 1; 2014 L.M.C., ch. 17, § 1; 2015 L.M.C., ch. 28, § 1; 2023 L.M.C., ch. 24, § 1.)