1604                                             LAWS OF MARYLAND                                        Ch. 435

(4)  An individual may not be paid benefits based on
covered service performed in any capacity other than an
instructional, research, or principal administrative capacity for
any educational institution, or for a nonprofit organization or a
governmental entity on behalf of an educational institution for
any week of unemployment that begins after December 31, 1977,
during a period between two successive academic years or terms,
if the individual performs the service in the first year or term
and there is a reasonable assurance that the individual will
perform the service in the second year or term. Before July 1 of
each year each such educational institution shall provide the
Employment Security Administration with the name and social
security number of each individual who has reasonable assurance
that he will perform such service in the next academic year. If,
however, that individual is not offered an opportunity to perform
the service for the educational institution for the next
successive year or term, the individual shall be paid
retroactively, provided the individual:

(i) Filed a timely claim for each week;

(ii) Is otherwise eligible; and

(iii) Was denied benefits solely under this
paragraph.

(5)  An individual may not be paid benefits based on
service described in paragraphs (3) and (4) for any week of
unemployment that begins during an established and customary
vacation period, or holiday recess if the individual performs the
service in the period immediately before the vacation period, or
holiday recess, and there is a reasonable assurance that the
individual will perform the service in the period immediately
following the vacation period or holiday recess.

(6)  (i) For purposes of this paragraph "educational
service agency" means a governmental entity which is established
and operated exclusively for the purpose of providing such
service to one or more educational institutions.

(ii) In the case of an individual who performs
services in an educational institution in the employ of an
educational service agency, in any of the same capacities
described in paragraphs (3) and (4) of this subsection, the
individual [may] SHALL be denied benefits in the same manner
described in paragraphs (3), (4), and (5) of this subsection.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall

take effect July 1, 1986.
Approved May 13, 1986.