126

LAWS OF MARYLAND

Ch. 23

BREAK IN SERVICE, THE SERVICE RENDERED BEFORE THE BREAK IN
SERVICE MAY NOT BE INCLUDED IN HIS ELIGIBILITY SERVICE. IF
A TEACHER TERMINATES HIS EMPLOYMENT AND IS REEMPLOYED AFTER
INCURRING A BREAK IN SERVICE, HIS SERVICE BEFORE THE BREAK
IN SERVICE MAY NOT BE INCLUDED IN HIS ELIGIBILITY SERVICE,
EXCEPT AS PROVIDED IN THIS SECTION.

(2)   WITH RESPECT TO ANY PERSON WHO WAS EMPLOYED BY A
PUBLIC SCHOOL ON DECEMBER 31, 1979, ELIGIBILITY SERVICE FOR
SERVICE RENDERED BEFORE THAT DATE SHALL BE EQUAL TO THE
CREDITABLE SERVICE RECOGNIZED THROUGH DECEMBER 31, 1979
UNDER THE RETIREMENT SYSTEM IN EFFECT ON THAT DATE.

(3)   SERVICE FOR PURPOSES OF THIS SECTION SHALL MEAN
SERVICE AS A TEACHER, WHETHER OR NOT AS A TEACHER AS HEREIN
DEFINED.

(4)   ELIGIBILITY SERVICE SHALL INCLUDE PERIODS WHILE
IN THE MILITARY SERVICE AS SPECIFIED IN ARTICLE 65, § 88 OF
THE CODE.

(5)   A PERIOD DURING WHICH A TEACHER IS ON A LEAVE OF
ABSENCE APPROVED BY THE BOARD OF TRUSTEES, UNDER RULES THAT
APPLY TO ALL TEACHERS SIMILARLY SITUATED, SHALL BE INCLUDED
IN ELIGIBILITY SERVICE, IF THE PERIOD OF LEAVE IS NOT
INCLUDED OTHERWISE UNDER THIS SECTION.

(6)   IF A FORMER MEMBER WHO IS NOT RETIRED IS RESTORED
TO SERVICE WITHOUT HAVING INCURRED A BREAK IN SERVICE, THE
ELIGIBILITY SERVICE TO WHICH HE WAS PREVIOUSLY ENTITLED
SHALL BE RESTORED TO HIM. IF A FORMER MEMBER WHO IS NOT
RETIRED HAS INCURRED A BREAK IN SERVICE AND IS RESTORED TO
SERVICE AND THE NUMBER OF CONSECUTIVE 1-YEAR BREAKS IN
SERVICE DOES NOT AT LEAST EQUAL THE AGGREGATE NUMBER OF
YEARS OF HIS ELIGIBILITY SERVICE RENDERED BEFORE THE BREAK
IN SERVICE, DETERMINED AS OF THE TIME OF THE BREAK IN
SERVICE, EXCLUDING ANY ELIGIBILITY SERVICE DISREGARDED UNDER
THIS SECTION BECAUSE OF ANY PRIOR BREAK IN SERVICE, OR IF HE
WAS ENTITLED TO A VESTED RETIREMENT ALLOWANCE AT THE TIME OF
THE BREAK IN SERVICE, THE ELIGIBILITY SERVICE TO WHICH HE
PREVIOUSLY WAS ENTITLED MAY NOT BE DISREGARDED BUT SHALL BE
RESTORED TO HIM.

144. CREDITABLE SERVICE.

(1)   ALL ELIGIBILITY SERVICE RENDERED AS A FULL-TIME
TEACHER WHILE A MEMBER SHALL BE CREDITABLE SERVICE UNDER
THIS PENSION SYSTEM.

(2)   IN THE CASE OF A PART-TIME TEACHER, CREDITABLE
SERVICE WITH RESPECT TO ANY CALENDAR YEAR OF ELIGIBILITY
SERVICE SHALL BE DETERMINED UNDER RULES ESTABLISHED BY THE
BOARD OF TRUSTEES, THAT APPLY TO ALL TEACHERS SIMILARLY
SITUATED, BUT CREDITABLE SERVICE RECOGNIZED FOR THAT YEAR
MAY NOT BE LESS THAN THE FRACTION OF A YEAR, THE NUMERATOR
OF WHICH IS THE NUMBER OF HOURS OF SERVICE AS A TEACHER THAT
HE HAS COMPLETED DURING THAT YEAR AND THE DENOMINATOR OF