HARRY HUGHES, Governor

125

(1)   ANY PERSON WHO BECOMES A TEACHER ON OR AFTER THE
DATE OF ESTABLISHMENT SHALL BECOME A MEMBER OF THIS PENSION
SYSTEM AS A CONDITION OF EMPLOYMENT, UNLESS THAT TEACHER
ELECTS TO PARTICIPATE IN AN OPTIONAL RETIREMENT PROGRAM AS
PROVIDED IN § 110 OF THIS ARTICLE.

(2)   ANY PERSON WHO, ON OR AFTER JANUARY 1, 1980, IS A
TEACHER AND IS A MEMBER OF THE RETIREMENT SYSTEM SHALL BE
ENTITLED TO MEMBERSHIP IN THIS PENSION SYSTEM, AND MAY
BECOME A MEMBER AS OF THAT DATE, OR THE FIRST DAY OF EACH
MONTH THEREAFTER THROUGH AND INCLUDING JULY 1, 1980, OR ANY
SUBSEQUENT JULY 1, BY FILING WITH THE BOARD OF TRUSTEES AN
EXECUTED WAIVER OF ALL BENEFITS THAT MIGHT INURE TO HIM
UNDER THE RETIREMENT SYSTEM.

(3)   THE BOARD OF TRUSTEES MAY DENY THE RIGHT TO
BECOME MEMBERS TO ANY CLASS OF TEACHERS WHOSE COMPENSATION
IS ONLY PARTLY PAID BY THE STATE OR WHO ARE SERVING ON A
TEMPORARY OR OTHER THAN YEARLY BASIS, AND IT ALSO MAY MAKE
OPTIONAL WITH MEMBERS IN THIS CLASS THEIR INDIVIDUAL
ENTRANCE INTO MEMBERSHIP.

(4)   IF ANY MEMBER TERMINATES HIS EMPLOYMENT HE SHALL
CEASE TO BE A MEMBER. MEMBERSHIP SHALL BE CONTINUED DURING
A PERIOD WHILE ON LEAVE OF ABSENCE APPROVED BY THE BOARD OF
TRUSTEES OR WHILE IN THE MILITARY SERVICE WITHIN THE PERIODS
SPECIFIED IN ARTICLE 65, § 88 OF THE CODE. IF A TEACHER'S
MEMBERSHIP IN THIS SYSTEM TERMINATES AND HE AGAIN BECOMES A
TEACHER, HE SHALL BE CONSIDERED A NEW TEACHER FOR PURPOSES
OF THIS PENSION SYSTEM.

143. ELIGIBILITY SERVICE.

(1) EXCEPT AS HEREINAFTER PROVIDED, ALL SERVICE WITH
A PUBLIC SCHOOL RENDERED BY A TEACHER ON OR AFTER JANUARY 1,
1980, AND BEFORE HIS RETIREMENT SHALL BE ELIGIBILITY SERVICE
FOR THE PURPOSES OF THIS PENSION SYSTEM. WITH RESPECT TO
ANY CALENDAR YEAR IN WHICH A TEACHER COMPLETES AT LEAST 700
HOURS OF SERVICE, THERE SHALL BE INCLUDED IN HIS ELIGIBILITY
SERVICE A FULL YEAR OF ELIGIBILITY SERVICE. ELIGIBILITY
SERVICE MAY NOT BE RECOGNIZED FOR ANY FISCAL YEAR IN WHICH
THE TEACHER COMPLETES LESS THAN 700 HOURS OF SERVICE. ANY
CALENDAR YEAR AFTER THE YEAR IN WHICH A TEACHER FIRST
BECOMES EMPLOYED DURING WHICH HE DOES NOT COMPLETE MORE THAN
350 HOURS OF SERVICE SHALL BE CONSIDERED A BREAK IN SERVICE.
ANY SERVICE RENDERED BEFORE A BREAK IN SERVICE THAT OCCURS
BEFORE THE YEAR IN WHICH A TEACHER RETIRES, DIES, OR
OTHERWISE TERMINATES HIS EMPLOYMENT OR BECOMES 62 YEARS OLD
MAY NOT BE RECOGNIZED AS ELIGIBILITY SERVICE, UNTIL THE
TEACHER COMPLETES 1 YEAR OF ELIGIBILITY SERVICE FOLLOWING
THE BREAK IN SERVICE. HOWEVER, IF A TEACHER WHO HAS NOT
COMPLETED THE ELIGIBILITY REQUIREMENTS FOR A VESTED
RETIREMENT ALLOWANCE INCURS A BREAK IN SERVICE IN WHICH THE
NUMBER OF CONSECUTIVE 1-YEAR BREAKS IN SERVICE EQUALS OR
EXCEEDS THE AGGREGATE NUMBER OF YEARS OF ELIGIBILITY SERVICE
RENDERED BEFORE THE BREAK IN SERVICE, EXCEPT FOR ANY YEARS
OF ELIGIBILITY SERVICE DISREGARDED BECAUSE OF ANY PRIOR