(a) (1) Except as provided in paragraph (2) of this subsection, the pay plans established under this subtitle shall include:

(i) all positions in the State Personnel Management System; and

(ii) all other positions for which the Secretary has authority to administer pay.

(2) The pay plans established under this subtitle do not apply to:

(i) any position for which the pay is provided for by the Maryland Constitution;

(ii) any position for which the pay is based, by law, on judicial pay; and

(iii) except as provided in subsection (b) of this section, a position for which the pay is set by a unit with independent pay-setting authority.

(b) (1) The Executive Pay Plan shall include each permanent position in the Executive Branch of State government, including each permanent position in the Governor’s office, that is not included in the Standard Pay Plan and has a pay rate equal to or exceeding the lowest pay rate in the Executive Pay Plan.

(2) In addition, and notwithstanding any other law, the Governor may include in the Executive Pay Plan any executive management position in a unit in the Executive Branch with independent pay-setting authority, except a position in the University System of Maryland, Morgan State University, or St. Mary’s College.