Marvin Mandel, Governor                       1247

In the determination of average final compensation, any extraordi-
nary salary increase in the last year prior to retirement shall be
excluded; , and for this purpose an extraordinary salary increase is
an increase in earnable compensation for the particular year, over

the earnable compensation for the next prior year, which much

exceeds an average or usual increase from year to year and which,

because of the unusual increase, would cause an inequity to the
Retirement System and the members and beneficiaries thereof and

to the fair purpose of the Retirement System if made the basis for

determining average final compensation in this instance. The THE
Board of Trustees by a rule of general application shall determine
what constitutes an extraordinary salary increase.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1972.

Approved May 26, 1972.

CHAPTER 382
(Senate Bill 34)

AN ACT to repeal and re-enact, with amendments, Sections 3(1)
and 3(5) of Article 73B of the Annotated Code of Maryland (1970
Replacement Volume and 1971 Supplement), title "Pensions," sub-
title "In General," amending the retirement law to prevent a
salaried employee, Judge, Legislator or Executive Official from
receiving pension benefits from a State supported Retirement Sys-
tem while still a State employee, WITH CERTAIN EXCEPTIONS;

enabling a person with separate years of service in two State-

supported pension systems, upon retirement, to receive the bene-
fits to which he is entitled under both systems; and relating gen-
erally to the payment of pension benefit to certain members of the
Employees' Retirement System ENABLE A PERSON WITH
SEPARATE YEARS OF SERVICE IN TWO STATE-SUP-
PORTED PENSION SYSTEMS, UPON RETIREMENT, TO
RECEIVE THE BENEFITS TO WHICH HE IS ENTITLED
UNDER BOTH SYSTEMS.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 3(1) and 3(5) of Article 73B of the Annotated Code
of Maryland (1970 Replacement Volume and 1971 Supplement), title
"Pensions," subtitle "In General," be and it is THEY ARE hereby
repealed and re-enacted, with amendments, to read as follows:

3.

(1) Any person who shall become an employee as herein defined
after the date of establishment may become a member of the Retire-
ment System at any time within the first two years of his employ-
ment, but if he has not previously joined must become a member at
the end of that period as a condition of employment [, and shall not
be entitled to receive any pension or retirement allowance from
any other pension or Retirement System if that pension or retire-