Ch. 10

1993 LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 18B(d)(2).

The references to "relief" from active duty are substituted, for the former
reference to a "release" to conform with the terminology in former Art. 64A,
§ 18B(b)(3)(ii), revised as § 11-203(c) of this subtitle.

As to the use of the term "reinstatement", see § 1-101(k) of this article and its
accompanying Revisor's Note.

Defined term: "Returning veteran" § 11-201

11-205. RIGHT TO REINSTATEMENT.

(A)     IN GENERAL.

A RETURNING VETERAN WHO MEETS THE REQUIREMENTS OF THIS SUBTITLE
SHALL BE REINSTATED:

(1)      TO THE CLASS PREVIOUSLY HELD BY THE RETURNING VETERAN
WITHIN THE PRINCIPAL DEPARTMENT OR OTHER INDEPENDENT UNIT IN WHICH
THE RETURNING VETERAN HAD BEEN EMPLOYED; OR

(2)      TO A POSITION OF EQUAL RESPONSIBILITIES, QUALIFICATIONS, AND
RATE OF PAY.

(B)     WHEN VETERAN IS DISABLED.

IF, BECAUSE OF A DISABILITY SUSTAINED DURING MILITARY SERVICE, A
RETURNING VETERAN IS NOT QUALIFIED TO PERFORM THE DUTIES OF THE
POSITION THAT THE VETERAN PREVIOUSLY HELD, THE RETURNING VETERAN
SHALL BE REINSTATED TO A POSITION THAT:

(1)      HAS DUTIES THAT THE VETERAN IS QUALIFIED TO PERFORM; AND

(2)      PROVIDES THE RATE OF PAY, SENIORITY, AND STATUS THAT ARE
THE SAME AS OR AS SIMILAR AS THE CIRCUMSTANCES OF THE CASE ALLOW TO
THOSE OF THE POSITION PREVIOUSLY HELD BY THE VETERAN.

(C) WHEN STATE'S CIRCUMSTANCES ARE CHANGED.

SUBSECTIONS (A) AND (B) OF THIS SECTION NEED NOT BE IMPLEMENTED IF
THE CIRCUMSTANCES IN STATE GOVERNMENT HAVE CHANGED TO THE EXTENT
THAT IMPLEMENTATION IS IMPOSSIBLE OR UNREASONABLE.

REVISOR'S NOTE: This section formerly was Art. 64A, § 18B(c).

In subsection (a)(1) of this section, the phrase "principal department or other.
independent unit" is substituted for the former reference to "department" for
clarity.

The only changes are in style.

- 814 -