Gary v. Board of Trustees

Benjamin Gary, the appellant, served as deputy State auditor from 1951 to January 1959 and by virtue of his position was a member of the Employees’ Retirement System. Just before he was to leave State service, he applied for continuation of his membership in the retirement system, relying on Code (1957), Art. 73B, Sec. 4, which provides that any member of the retirement system who is “currently a member by virtue of being an elected or appointed official” has the option to continue membership following the end of the term of office for which he was last elected or appointed, contingent upon…