Marvin Mandel, Governor                        1097

of enlistment in case he has voluntarily entered, for reinstatement
as a State employee; and

(2) He makes application for reinstatement within ninety days
from the date of separation from such service or within ninety
days after discharge from a hospital, provided such hospitalization
is directly connected with, related to and immediately follows his
separation from the armed forces and the period of hospitalization
does not extend beyond a year from the date of such separation.

Any employee qualifying for reinstatement under this provision
shall be entitled to start at the salary and rate of earnings for
leave which he would have received if he had remained continuously
in the State service.

If he is not qualified to perform the duties of his prior position
by reason of disability sustained during military service, but is
qualified to perform the duties of any other position in the employ
of the State, he shall be re-employed in such comparable position
the duties of which he is qualified to perform as will provide him
like seniority, status, and pay rate, or the nearest approximation
thereof consistent with the circumstances of his case.

A person who is reinstated or re-employed as in this section pro-
vided, is hereinafter referred to as a "re-employee". Upon reinstate-
ment or re-employment, a re-employee shall be considered as having
been on furlough and the time between the date of his entry into the
armed services and the date of his reinstatement or re-employment
shall be added to the time he had been employed by the State by
whom he was employed when he entered the armed services, to deter-
mine his length of service, seniority and status, and he shall be
entitled to all benefits and privileges, including rate of pay, pension
and retirement rights, which attach to such seniority and status or
either. THE PENSION AND RETIREMENT RIGHTS OF A RE-
EMPLOYEE SHALL BE DETERMINED BY THE PROVISIONS
OF SECTION 88 OF ARTICLE 65 OF THIS CODE.

A re-employee shall also be restored, upon reinstatement or re-
employment to the Merit System status or classification, if any, held
by him at the time of his entry into the armed services, and shall
be given credit for the additional seniority above provided. He shall
not be discharged from the position to which he is reinstated or in
which he is re-employed without substantial cause within one year
after reinstatement, and only for the reasons and in the manner
provided in the Merit System, if applicable.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved April 28, 1970

CHAPTER 485
(House Bill 817)

AN ACT to add new subsection 21(h) to Article 66B of the Anno-
tated Code of Maryland (1967 Replacement Volume and 1969 Sup-
plement), title "Zoning and Planning," subtitle "Planning," sub-