§ 3. Membership.
(a) In general.
Membership in the Retirement System shall begin not earlier than January 1, 1926. The membership shall consist of the following:
(1) All persons who become employees before July 1979 and all employees who enter or reenter the employment of the City of Baltimore after January 1, 1926, but before July 1, 1979, with the exception of those employees who are required to join either Maryland State or other retirement systems, may become members on their own application, and all those employees who complete two years of employment thereafter shall become members of the Retirement System as a condition of employment.
(2) All persons who become employees and all employees who enter or reenter the employment of the City of Baltimore on or after July 1, 1979, are subject to § 9 of this article. However, notwithstanding anything to the contrary, any Class A or Class B member who is laid off, placed on a reemployment list, and returns to City employment from the reemployment list shall immediately once again become a Class A or Class B member.
(3) The Board of Estimates may authorize membership for any class of part-time employees. That membership may only be prospective.
(b) Dual membership precluded.
(1) A member may not make contributions to, receive any pension or retirement allowance from, or accrue any service credit in any other pension or retirement system of the City of Baltimore while at the same time accruing service credit in this system.
(2) The prohibition set forth in paragraph (1) of this subsection does not apply to contributions made to or benefits received from:
(i) the Baltimore City Municipal Deferred Compensation Plan; or
(ii) the Social Security System established by the Act of Congress known generally as "The Social Security Act of 1935", as amended from time to time.
(c) Officials.
The Board of Trustees may deny the right to become members to any class of elected officials, or any class of appointed officials, whose terms are fixed by law, or it may, in its discretion, make optional with persons in any such class their individual entrance into membership. Any elected official or any appointed official whose term is fixed by law who is now a member or who hereafter becomes a member of the Employees' Retirement System may, at any time, resign from said system and be entitled, on demand, to the return of his accumulated contributions.
However, such elected or appointed official, whose term is fixed by law, shall have the right at his option to continue membership in the Retirement System following the end of the term of office for which he was last elected or appointed. Such right shall be contingent upon such person's making all the payments which would have been made by him and also by the City had he continued to hold such elective or appointive office. Such payments shall be based on the current rate of compensation such person would have received, had he remained in office. Within 30 days following the end of the term of office for which said official was last elected or appointed, in order to exercise such option, said official shall be required to deposit the remainder of all the payments in advance for the current fiscal year which would have been paid had he continued to hold such elective or appointive office. Thereafter, such payments shall be made in annual amounts, in advance, within 30 days of the beginning of each and every fiscal year. Such payments shall entitle said official to the same service credit that he was receiving as a member prior to his leaving office.
Upon the attainment of age 60, such official shall be entitled to receive a service retirement allowance as provided for under the provisions of § 6(b) of this subtitle, computed as if he were a member retiring from service at age 60. Should a member so electing die before attaining age 60, the amount of his accumulated contributions with interest to the date of his death shall be paid to his estate, or to such person as he shall have nominated by written designation duly acknowledged and filed with the Board of Trustees at the time of his retirement. Such deceased member's beneficiary or his estate shall not be entitled to any benefit under this subtitle other than the return of the deceased member's accumulated contributions.
(d) Termination of employment.
(1) Class A or B members.
If a Class A or Class B member terminates employment with the City and is not eligible for any benefits under this subtitle:
(i) he or she ceases to be a member of this System; and
(ii) his or her accumulated contributions, if any, will be refunded (with regular interest credited through the date of termination).
(2) Class C members.
If a Class C member terminates employment with the City for more than 30 consecutive days and is not eligible for any benefits under this subtitle:
(i) she or he ceases to be a member of this System; and
(ii) her or his accumulated contributions, if any, will be refunded in accordance with § 9(m)(7) of this subtitle.
(3) Class D members.
If a Class D member terminates employment with the City for more than 30 consecutive days and is not eligible for any benefits under this subtitle:
(i) he or she ceases to be a member of this System; and
(ii) his or her accumulated contributions will be refunded in accordance with § 9.2(k)(6) of this subtitle.
(e) - (f) {Vacant}
(g) Classes of membership.
On and after January 1, 1954, there shall be 2 classes of members to be known as Class A and Class B members, and beginning July 1, 1979, there shall be a 3rd class of members to be known as Class C members, and to be defined as follows:
(1) Class A members shall be all new employees before July 1, 1979, who enter the membership on or after January 1, 1954, and any members in service on January 1, 1954, who elect on a form approved by the Board, to contribute at a rate of contribution computed to provide an annuity at age 60 of 1/120 of average final compensation, multiplied by the number of years of service after March 31, 1954. Any school crossing guard, police department meter monitor or linemen transferred to this system pursuant to § 30(2) of this article shall be classified in this system as a Class A member, and shall not be charged with any deficit resulting from the difference in contribution rates between the Fire and Police Employees' Retirement System and this system in the calculation of said member's retirement allowance at the time of retirement. The pension at service retirement on account of each year of prior service for Class A members shall be 1/60 of average final compensation, and the pension on account of each year of service since January 1, 1926 shall be 1/120 of average final compensation.
(2) Class B members shall be members in service on January 1, 1954, who do not elect, prior to April 1, 1954, to contribute at the higher rate applicable to Class A members. The term "Class B members" also includes those members in service who do not become Class A members pursuant to the provisions of this subsection. The pension at service retirement on account of each year of prior service for Class B members shall be 1/65 of average final compensation, and the pension on account of each year of service since January 1, 1926, shall be 1/130 of average final compensation. Any time on or after December 1, 1975, any Class B member in the Retirement System may elect to become a Class A member. Such election shall be contingent upon said member's depositing, by a lump sum payment or by an increased rate of contribution, the amount necessary to obtain an annuity savings account balance equal to the balance such account would contain if said member had elected to become a Class A member on January 1, 1954. Said payments by the member to obtain Class A membership shall be paid in full 90 days before the effective date of his retirement.
If said payments are not paid in full at the time of the member's retirement or death, any retirement benefits payable shall be the actuarial equivalent of the payments made by the member.
(3) Class C members shall be all members as defined in § 9(a).
(4) Class D members shall be all members as defined in § 9.2(a).