(b) (1) If a member completes at least 500 hours of employment while a
member in any fiscal year, the member is entitled to 1 year of eligibility service.
(2) Except in the first and last fiscal years or except as provided in
subsection (c) of this section, a member may not receive any eligibility service for a
fiscal year in which the member completes less than 500 hours of employment while
a member.
(3) In the first and last fiscal years, if a member completes less than 500
hours of employment while a member, the Board of Trustees shall prorate the
eligibility service based on the number of hours worked.
(c) [(1) This subsection does not apply to:
(i) an employee of a participating governmental unit or a former
participating governmental unit that has withdrawn; or
(ii) 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.
(2)] If a member who IS SUBJECT TO THE CONTRIBUTORY PENSION
BENEFIT UNDER SUBTITLE 2, PART II OF THIS TITLE completes less than 500 hours of
employment while a member, the Board of Trustees shall prorate the eligibility
service based on the number of hours worked.
23-303.
(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 [not an employee of a participating governmental unit or a
former participating governmental unit that has withdrawn or who transferred from
the Employees' Retirement System or Teachers' Retirement System on or before April
1, 1998] SUBJECT TO THE CONTRIBUTORY PENSION BENEFIT UNDER SUBTITLE 2,
PART II OF THIS TITLE.
(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;
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