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Maryland Code, State Personnel and Pensions § 23-303

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) In this section, “break in service” means a period of separation from employment in a fiscal year after the one in which a member first becomes employed, if during that fiscal year the member does not complete more than 350 hours of employment while a member.

(b)(1) This section applies to a member of the Employees' Pension System or the Teachers' Pension System who was a member of one of those State systems.

(2) This section does not apply to:

(i) a retiree of the Employees' Pension System or the Teachers' Pension System; or

(ii) a member of the Employees' Pension System or Teachers' Pension System who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit.

(c) A member is entitled to the eligibility service to which the member was entitled before the separation from employment if:

(1) the member has not incurred a break in service;

(2) the member was entitled to a vested allowance at the time of the separation from employment; or

(3)(i) the member has completed 1 year of eligibility service after a break in service; and

(ii) the number of consecutive years in which the member incurred a break in service is less than the years of eligibility service as a member before the break in service.

(d) To determine if a member is eligible for prior eligibility service under subsection (c)(3)(ii) of this section, the Board of Trustees shall determine the number of years of prior eligibility service:

(1) as of the day the member separated from employment; but

(2) excluding any eligibility service lost because of a prior break in service.

(e) When a member receives credit for eligibility service under subsection (c) of this section from the other system, the member has no further rights in the other system.

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Cite this article: FindLaw.com - Maryland Code, State Personnel and Pensions § 23-303 - last updated January 01, 2025 | https://codes.findlaw.com/md/state-personnel-and-pensions/md-code-st-pers-and-pens-sect-23-303/

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