Maryland § 31-109

§ 31-109.

    (a)    Subject to subsection (b) of this section, the legislative body of an eligible governmental unit may approve participation by its employees in the Employees’ Pension System if:

        (1)    the legislative body adopts a resolution in the form prescribed by the Board of Trustees; and

        (2)    the eligible governmental unit operates a local plan, only if:

            (i)    at least 60% of the members of the local plan petition to become members of the Employees’ Pension System;

            (ii)    the eligible governmental unit satisfies the requirements in subsection (b) of this section; and

            (iii)    the legislative body approves participation of the eligible governmental unit in the Employees’ Pension System as though the local plan were not in operation.

    (b)    An eligible governmental unit that operates a local plan may approve participation by its employees in the Employees’ Pension System only if:

        (1)    the local plan of the eligible governmental unit requires member contributions at the same rate as the member contribution rate that would be applicable to employees of the eligible governmental unit in the Employees’ Pension System; or

        (2)    the eligible governmental unit:

            (i)    does not provide for the employer pickup of member contributions to the local plan within the meaning of § 414(h)(2) of the Internal Revenue Code; and

            (ii)    certifies that it will not become an approved employer under § 21–313 of this article on or after the effective date of participation.

    (c)    (1)    If an eligible governmental unit does not satisfy the requirements under subsection (b) of this section, the eligible governmental unit may submit a request to the Board of Trustees to participate in the Employees’ Pension System.

        (2)    The Board of Trustees shall consider a request made under paragraph (1) of this subsection and determine whether any legislation is necessary to allow the eligible governmental unit to participate in the Employees’ Pension System.

        (3)    The Board of Trustees shall make recommendations to the Joint Committee on Pensions regarding any legislation that it determines is necessary to allow the eligible governmental unit to participate in the Employees’ Pension System.