1692

LAWS OF MARYLAND

Ch. 610

earnable compensation for his OR HER total service. The
average final compensation of the judges of the Municipal
Court of Baltimore city shall be based on the total
salary received by them from both the State and the City.
[Effective July 1, 1971, the provisions of this
subsection shall be applicable to members who retired
after July 1, 1970, as well as to those members who
retire on or after July 1, 1971. Effective July 1, 1972,
the provisions of this subsection shall be applicable to
those members who retired on or prior to July 1, 1970.]

In the determination of average final compensation,
any extraordinary salary increase in the [last year prior
to retirement] LAST THREE YEARS OF SERVICE THAT WOULD
OTHERWISE BE INCLUDED IN AVERAGE FINAL COMPENSATION shall
be excluded, and the Board of Trustees by a rule of
general application shall determine what constitutes an
extraordinary salary increase. THE PROVISIONS OF THIS
PARAGRAPH OF THE DEFINITION OF "AVERAGE FINAL
COMPENSATION" DO NOT APPLY IN CASES OF PROMOTION.

SECTION 2. AND BE IT FURTHER ENACTED, That Section
190(15) of Article 77 - Public Education, of the
Annotated Code of Maryland (1975 Replacement Volume and
1975 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:

Article 77 — Public Education

190.

The following words and phrases as used in this
subtitle, unless a different meaning is plainly required
by the context shall have the following meanings:

(15) "Average final compensation" [shall mean]
MEANS the average annual earnable compensation of a
teacher for the three years of service as a teacher
during which [his] THE TEACHERS earnable compensation
was highest, or if [he] THE TEACHER had less than three
years of service, then [his] THE TEACHERS average
earnable compensation for his OR HER total service.
[Effective July 1, 1971, the provisions of this
subsection shall be applicable to members who retired
after July 1, 1970, as well as to those members who
retire on or after July 1, 1971. Effective July 1, 1972,
the provisions of this subsection shall be applicable to
those members who retired on or prior to July 1, 1970.]

In the determination of average final compensation,
any extraordinary salary increase in the [last year prior
to retirement] LAST THREE YEARS OF SERVICE THAT WOULD
OTHERWISE BE INCLUDED IN AVERAGE FINAL COMPENSATION shall
be excluded, and the Board of Trustees by a rule of
general application shall determine what constitutes an
extraordinary salary increase. THE PROVISIONS OF THIS

PARAGRAPH OF THE DEFINITION OF "AVERAGE FINAL

COMPENSATION" DO NOT APPLY IN CASES OF PROMOTION.