3194

LAWS OF MARYLAND

Ch. 509

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
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)] (3) Eligibility service shall include periods
while in the military service as specified in Article 65, §
88 of the Code.

[(5)] (4) 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)] (5) 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

Approved June 1, 1982.