§ 31. Membership.

The membership in the Retirement System shall consist of the following:

(1)(a) Any person who becomes an employee as herein defined after the date of establishment shall become a member of the Retirement System as a condition of employment.

(b) 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, except for membership in, obligations under, and benefits from the Baltimore City Municipal Deferred Compensation Plan.

(c) Notwithstanding paragraph (b) of this subsection (1), and pursuant to § 48 of this article, the following shall become members of this system and accrue service credit in this system while employed in a permanent full-time or permanent part-time position covered by this system:

(i) members of another City system who were eligible to begin receiving retirement benefits from that system but who chose to postpone receipt of those benefits and change employment to a position covered by this system (including former members of the Employees' Retirement System with entitlement to deferred vested pension benefits from that system, who ceased all permanent full-time or permanent part-time employment covered by that system); or

(ii) retirees who were receiving retirement benefits from another City system but who chose to suspend receipt of those benefits and accept reemployment in a position covered by this system.

(2) Any person who is an employee on the date of establishment and who is on that date and has been a member of the Employees' Retirement System of the City of Baltimore, or any other pension or retirement fund supported wholly or partly by the City of Baltimore, shall become members as of that date of establishment unless within a period of 30 days next following, such employee shall file with the Board of Trustees, on a form prescribed by the Board, a notice of his election not to be covered in the membership of the Retirement System and a duly executed waiver of all present and prospective benefits which would otherwise inure to him on account of his participation in the Retirement System.

(3) An employee whose membership in the Retirement System is contingent on his own election and who elects not to become a member may thereafter apply for and be admitted to membership, but no such employee shall receive service credit unless he becomes a member on or before July 1, 1964.

(4) For those employees who are members of the system as of June 30, 2003, membership in the system ceases if the member:

(i) in any period of 6 consecutive years after last becoming a member is absent from service more than 2 consecutive years;

(ii) withdraws his accumulated contributions;

(iii) becomes a beneficiary; or

(iv) dies.

(5) For those employees who become members of this system on or after July 1, 2003, membership in the system ceases if the member:

(i) separates from employment covered by this system;

(ii) retires; or

(iii) dies.