HARRY HUGHES, Governor

175

WHICH HE DOES NOT COMPLETE MORE THAN 350 HOURS OF SERVICE
WITH THE STATE. ANY SERVICE RENDERED BEFORE A BREAK IN
SERVICE THAT OCCURS BEFORE THE YEAR IN WHICH AN EMPLOYEE
RETIRES, DIES, OR OTHERWISE TERMINATES HIS EMPLOYMENT OR
BECOMES 62 YEARS OLD MAY NOT BE RECOGNIZED AS ELIGIBILITY
SERVICE, UNTIL THE EMPLOYEE COMPLETES 1 YEAR OF ELIGIBILITY
SERVICE FOLLOWING THE BREAK IN SERVICE. HOWEVER, IF AN
EMPLOYEE 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
IS AT LEAST EQUAL TO THE AGGREGATE NUMBER OF YEARS OF
ELIGIBILITY SERVICE RENDERED BEFORE THE BREAK IN SERVICE,
EXCLUDING ANY YEARS OF ELIGIBILITY SERVICE DISREGARDED
BECAUSE OF ANY PRIOR BREAK IN SERVICE, THE SERVICE RENDERED
BEFORE THE BREAK IN SERVICE MAY NOT BE INCLUDED IN HIS
ELIGIBILITY SERVICE. IF AN EMPLOYEE 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
THE STATE 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 AS IN EFFECT ON THAT DATE.

(3)   IN THIS SECTION "SERVICE" MEANS SERVICE AS AN
EMPLOYEE, WHETHER OR NOT AS AN EMPLOYEE AS DEFINED IN § 111
OF THIS SUBTITLE.

(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 AN EMPLOYEE IS ON A LEAVE
OF ABSENCE APPROVED BY THE BOARD OF TRUSTEES, UNDER RULES
THAT APPLY TO ALL EMPLOYEES 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
WAS ENTITLED PREVIOUSLY SHALL BE RESTORED TO HIM.

115. CREDITABLE SERVICE.