(a) Except as provided in subsection (b) of this section, this Part II of this subtitle applies to an individual who is:
(1) a member of the Employees’ Pension System or the Teachers’ Pension System; or
(2) a member of the Employees’ Retirement System or the Teachers’ Retirement System subject to Selection C (Combination Formula) as provided in § 22- 221 of this article.
(b) This Part II of this subtitle does not apply to an individual who is:
(1) an employee of:
(i) a participating governmental unit that has not elected the contributory pension benefit for its employees under § 31-116 of this article; or
(ii) a former participating governmental unit, other than Frederick County, that has withdrawn;
(2) a member of the Employees’ Pension System or Teachers’ Pension System who transferred from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998; or
(3) a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle.