(a) (1) Except as provided in subsection (b) of this section, with the approval of the Commission, an individual who otherwise would not be a covered employee and the employer of the individual may elect to make the individual a covered employee by filing a joint election with the Commission.
(2) The right to make an election under this subsection for an individual may be exercised by:
(i) an individual who is at least 16 years old; or
(ii) a parent or guardian of an individual who is less than 16 years old.
(b) An individual who is not a covered employee due to § 9-223(c) of this subtitle and the employer of the individual may not make an election under this section if prohibited by federal law.