(1) is eligible for membership in a retirement system or a pension system;

(2) has not previously participated in a State system as an employee of an employing institution or any other unit of State government; and

(3) is:

(i) a member of the faculty of an employing institution;

(ii) a professional employee at a community college or regional community college established under Title 16 of the Education Article;

(iii) an employee of the University System of Maryland who is in a position designated as exempt under a policy adopted by the University System of Maryland Board of Regents;

(iv) an employee of Morgan State University who is in a position designated as executive or professional administrative by the Board of Regents of Morgan State University;

(v) an employee of St. Mary’s College of Maryland who is in a position determined by the Board of Trustees of the College to be an exempt position; or

(vi) an employee of the Maryland Higher Education Commission who is in a position determined by the Secretary of Higher Education to be a professional position.

(b) (1) This subsection applies to an individual who:

(i) on August 22, 2004, was eligible to participate in the program; and

(ii) is in a position that, as of August 23, 2004, was reclassified by the University System of Maryland Board of Regents or the Board of Regents of Morgan State University and would no longer be eligible for participation in the program under subsection (a) of this section.

(2) An individual described under paragraph (1) of this subsection shall continue to participate in the program if the individual:

(i) would otherwise be eligible for membership in a system under the State Retirement and Pension System; and

(ii) is employed by an employing institution.

(c) (1) This subsection applies to an individual who:

(i) is in a position that was eligible to participate in the program but was reclassified by the governing board of the individual’s employing institution or the Secretary of Higher Education to a position that would no longer be eligible for participation in the program under subsection (a) of this section; and

(ii) was a participant in the program on the date immediately preceding the reclassification.

(2) An individual described under paragraph (1) of this subsection shall continue to participate in the program if the individual:

(i) would otherwise be eligible for membership in a system under the State Retirement and Pension System; and

(ii) is employed by an employing institution.