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ROBERT L. EHRLICH, JR, Governor Ch. 277
Article - State Personnel and Pensions
23-309.
(e) (1) This subsection applies only to a member who is:
(i) subject to the contributory pension benefit under Subtitle 2,
Part II of this title; and
(ii) entitled to eligibility service for military service credit granted
under Title 38 of this article.
(2) The Board of Trustees shall adjust a member's eligibility service for
military service credit granted under Title 38 of this article as provided in this
subsection.
[(3) (i) Except as provided in subparagraph (ii) of this paragraph, a
member's eligibility service for military service credit shall be treated as creditable
service on or after July 1, 1998.
(ii) The Board of Trustees shall treat a member's military service
credit as creditable service on or before June 30, 1998, if the member:
1. is entitled to credit for the military service under § 38-103
of this article on account of the member's absence from employment while in military
service on or before June 30, 1998; or
2. received credit for the military service under § 38-104 of
this article on or before June 30, 1998, as reflected in the records of the State
Retirement Agency.]
38-104.
(a) (1) THIS SECTION APPLIES TO AN INDIVIDUAL WHO IS:
(I) A MEMBER OF A STATE SYSTEM; OR
(II) A FORMER MEMBER OF A STATE SYSTEM WHO IS ELIGIBLE TO
RECEIVE A BENEFIT UNDER § 29-302 OR § 29-303 OF THIS ARTICLE.
(2) THIS SECTION DOES NOT APPLY TO A RETIREE OF A STATE SYSTEM.
(B) Except as provided in subsection [(b)] (C) of this section, [a member of a
State system] AN INDIVIDUAL DESCRIBED IN SUBSECTION (A) OF THIS SECTION, who
has not met the conditions set forth in § 38-103(a)(2) through (4) of this subtitle, is
entitled to receive service credit for military service only on the attainment of 10
years of creditable service.
[(b)] (C) (1) [A member of a State system] AN INDIVIDUAL DESCRIBED IN
SUBSECTION (A) OF THIS SECTION may not receive credit for that military service if
the [member] INDIVIDUAL receives credit for military service from another
retirement system for which retirement benefits have been or will be received by the
[member] INDIVIDUAL.
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