Md. Code Regs. 22.04.02.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 22.04.02.04 - Membership in the Employees' Pension System - General

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Contractual employee" means an individual who provides personal services to a participating employer for pay if all of the following conditions exist:

(i) The services and pay are specified in a current written personal services agreement between the employer and an individual;

(ii) There is an employer-employee relationship between the participating employer and the individual; and

(iii) The individual does not receive any fringe benefits, except as provided by law or by statutorily authorized written policies adopted on or before November 6, 2017, which the employer has applied uniformly and which define a class of contractual employees who are entitled to receive specified fringe benefits.

(b) "Emergency employee" means an individual who:

(i) Is appointed by a participating employer to provide personal services on an emergency basis;

(ii) Is employed for a nonrenewable period not to exceed 6 months; and

(iii) Except as provided by law, does not receive any fringe benefits.

(c) "Temporary extra employee" means an individual who:

(i) Provides personal services to a participating employer;

(ii) Is employed for a nonrenewable period not to exceed 6 months; and

(iii) Except as provided by law, does not receive any fringe benefits.

B. The following individuals shall be excluded from membership in the Employees' Pension System:

(1) Subject to §C of this regulation, a contractual, emergency, or temporary extra employee of a participating employer;

(2) Employees of the Maryland Center for Public Broadcasting under the 9,000 series;

(3) Resident doctors; and

(4) School crossing guards who:

(a) Are employed by a participating governmental unit:

(i) On a substitute or relief basis, or

(ii) For less than 500 hours; and

(b) Except as provided by law, do not receive any fringe benefits from the participating governmental unit.

C. The fact that a participating employer permitted an individual to enroll in the Employees' Pension System shall not be relevant to the determination of whether the individual is a contractual, emergency, or temporary extra employee who is excluded from membership.

Md. Code Regs. 22.04.02.04

Regulation .04 amended effective 41:15 Md. R. 892, eff.8/4/2014
Regulation .04A amended effective September 6, 1999 (26:18 Md. R. 1377); amended effective 44:20 Md. R. 946, eff. 10/9/2017