HARRY HUGHES, Governor

5245

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)] (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 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)] (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 was entitled previously shall be restored to him.