96

LAWS OF MARYLAND

Ch. 23

STATE OF MARYLAND OR A PARTICIPATING EMPLOYER. MILITARY
SERVICE WITH THE FEDERAL GOVERNMENT MAY BE CREDITED UNDER
ARTICLE 65, § 88 OF THE CODE.

(6)   THE BOARD OF TRUSTEES, UNDER RULES THAT APPLY TO
ALL EMPLOYEES SIMILARLY SITUATED, MAY GRANT CREDITABLE
SERVICE FOR ANY PERIOD DURING WHICH AN EMPLOYEE IS ON AN
APPROVED LEAVE OF ABSENCE THAT IS INCLUDED IN HIS
ELIGIBILITY SERVICE UNDER § 114(5) OF THIS SUBTITLE.

(7)   ANY CREDITABLE SERVICE TO WHICH A MEMBER RESTORED
TO SERVICE WAS ENTITLED AT THE TIME OF HIS PREVIOUS
TERMINATION OF SERVICE, THAT IS INCLUDED WITHIN THE
ELIGIBILITY SERVICE RESTORED UNDER § 114(6) OF THIS
SUBTITLE, SHALL BE RESTORED TO HIM PROVIDED HE REPAYS THE
AMOUNT OF ANY ACCUMULATED CONTRIBUTIONS OR ANY LUMP SUM
SETTLEMENT RECEIVED ON HIS PRIOR TERMINATION OF SERVICE,
WITH INTEREST AT A RATE TO BE ESTABLISHED FROM TIME TO TIME
BY THE BOARD OF TRUSTEES. THE MEMBER MAY WAIVE THE
REPAYMENT OF THESE ACCUMULATED CONTRIBUTIONS. HOWEVER, UPON
RETIREMENT ANY SERVICE RETIREMENT ALLOWANCE OR ANY ORDINARY
DISABILITY RETIREMENT ALLOWANCE PAYABLE TO THE MEMBER SHALL
BE REDUCED BY THE ACTUARIAL EQUIVALENT OF THE CONTRIBUTIONS
THAT HE HAD NOT REPAID, WITH INTEREST TO DATE OF RETIREMENT.

(8)   (A) ON VERIFICATION TO THE BOARD OF TRUSTEES, A
MEMBER AT THE TIME OF RETIREMENT SHALL RECEIVE CREDITABLE
SERVICE FOR UNUSED SICK LEAVE IN ACCORDANCE WITH THE FORMULA
THAT 22 DAYS OF UNUSED SICK LEAVE ARE EQUAL TO 1 MONTH OF
CREDITABLE SERVICE. ONE ADDITIONAL MONTH OF CREDITABLE
SERVICE SHALL BE GRANTED IF FRACTIONAL DAYS TOTALING 11 OR
MORE RESULT FROM THE APPLICATION OF THIS FORMULA.

(B)   FOR THE PURPOSE OF THIS SUBSECTION, A
MEMBER MAY NOT ACCUMULATE MORE THAN 15 DAYS OF SICK LEAVE A
YEAR.

(C)   FOR THE PURPOSES OF THIS SECTION, IF ANY
EMPLOYER PROVIDES AN ANNUAL SICK LEAVE ALLOWANCE IN EXCESS
OF 15 DAYS, THE DAYS OF SICK LEAVE ACTUALLY USED IN ANY YEAR
SHALL BE CHARGED FIRST TO THE EXTENT OF THE EXCESS.

(D)   SICK LEAVE CREDITABLE SERVICE MAY NOT BE
USED TO DETERMINE THE YEARS OF ELIGIBILITY SERVICE REQUIRED
FOR THE FOLLOWING:

(I)   DEATH BENEFIT;

(II)  ORDINARY DISABILITY;

(III) VESTING OF EMPLOYER CONTRIBUTIONS;

(IV)  EARLY RETIREMENT; AND

(V) AVERAGE FINAL COMPENSATION.