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Session Laws, 1988
Volume 770, Page 931   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                        Ch. 6

(C)   [If] IF, under the [above restrictions] RESTRICTIONS
SET OUT UNDER SUBSECTION (B) OF THIS SECTION, any such person
[be] IS again actively employed or reinstated as a regular
employee on a leave of absence, in any position for which
membership in any pension or retirement fund or system under the
laws of the State of Maryland, or of the City of Baltimore or any
other political subdivision of this State, including the
Teachers' Retirement System of the State of Maryland, is made a
condition of employment within one year from the time he is
relieved from active duty, he shall receive credit as membership
service for the period of his absence, except that no credit
shall be given when any absence after December 31, 1945 exceeds
five years, and thereafter he shall be able to transfer the
credit to another retirement system under the laws of this State
or the City of Baltimore or any other political subdivision of
this [State] STATE, including the Teachers' Retirement System of
the State of Maryland.

(D)  During the period of [such] AN absence of any person
UNDER SUBSECTION (C) OF THIS SECTION who was employed by the
State or any agency thereof, or by the City of Baltimore or any
other political subdivision of this State, including teachers, at
the time he entered active service, the State or other
aforementioned employing agency shall make its contributions on
behalf of the employee as it would have made had he not been
absent and had retained his status as an employee during the
period of his absence and shall also make on behalf of the
employee the contributions which the employee would have made had
he not been absent and had retained his status as an employee
during the period of his absence. Such person, however, shall
have no right to withdraw any part of any such contribution made
by the State or any aforementioned employing agency.

(E)  Notwithstanding any other provision of this section,
Article 73B, or Article 88B of the Code, credit for military
service shall be granted to any member of a State retirement fund
or system under the laws of the State of Maryland, including the
Teachers' Retirement System of the State of Maryland, who has not
met the conditions set forth in [(b) through (d)] SUBSECTION
(B)(II) THROUGH (IV) of this section, upon the attainment by any
member of ten years of creditable service.

(F)  However, a member shall not be awarded credit if he has
received credit for a period of military service under another
retirement system, for which retirement benefits have been or
will be received by him; however, this exclusion does not apply
to any such credit provided through Federal Old Age and Survivors
Insurance (Social Security), the National Railroad Retirement
Act, or to any disability payments from any pension or retirement
system or to members eligible for benefits under Title 3 or Title
10, Chapter 67, §§ 1331 through 1337 of the U.S. Code. In
addition, the military service credit herein provided shall not
exceed five years.

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Session Laws, 1988
Volume 770, Page 931   View pdf image
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