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ROBERT L. EHRLICH, JR., Governor
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Ch. 277
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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. 7
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 (c) of this section, 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.
(c) (1) An individual described under subsection (a) of this section may not
receive credit for that military service if the individual receives credit for military
service from another retirement system for which retirement benefits have been or will
be received by the individual.
(2) Paragraph (1) of this subsection does not apply to:
(i) credit for military service provided under:
1. the Social Security Act:
2. the National Railroad Retirement Act: or
3. Title 3 or Title 10, Chapter 1223, §§ 12731 through 12737
of the United States Code; or
(ii) disability payments from a pension or retirement system.
(3) (i) Military service credit under this section may not exceed 5 years.
(ii) Subject to subparagraph (i) of this paragraph, a member of the
Maryland National Guard who has not been activated under Title 10 of the United
States Code, shall receive service credit at the rate of 4 months for each full year of
service with the Maryland National Guard, not to exceed a total of 36 months.
(D) THE SERVICE CREDIT FOR MILITARY SERVICE THAT AN INDIVIDUAL
RECEIVES UNDER THIS SECTION SHALL BE APPLIED TO THE INDIVIDUAL'S
RETIREMENT ALLOWANCE USING THE ACCRUAL RATE IN EFFECT AT THE TIME THE
INDIVIDUAL RETIRES FROM A STATE SYSTEM.
SECTION 3. AND BE IT FURTHER ENACTED. That Section 2 of this Act shall
take effect October 1, 2006.
SECTION 2. 4. AND BE IT FURTHER ENACTED, That That, except as
provided in Section 3 of this Act, this Act shall take effect July 1, 2006.
- 1565 -
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