WILLIAM DONALD SCHAEFER, Governor                               Ch. 6

The second sentences of former Art. 73B, §§ 4-203 and 5-203 are deleted as
unnecessary in light of the break in service rules in § 23-303 of this title.

SUBTITLE 3. SERVICE CREDIT.

23-301. IN GENERAL.

A MEMBER OF THE EMPLOYEES' PENSION SYSTEM OR TEACHERS' PENSION
SYSTEM IS ENTITLED TO:

(1)      ELIGIBILITY SERVICE AS PROVIDED IN §§ 23-302 THROUGH 23-308 OF
THIS SUBTITLE; AND

(2)      CREDITABLE SERVICE AS PROVIDED IN § 23-309 OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language added for clarity and to conform
to other, similar provisions elsewhere in this Division II.

Defined terms: "Creditable service" § 20-101
"Eligibility service" § 20-101
"Employees' Pension System" § 20-101
"Member" § 20-101
"Teachers' Pension System" § 20-101

23-302. ELIGIBILITY SERVICE — RULES FOR COMPUTATION.

(A)     IN GENERAL.

SUBJECT TO SUBSECTION (B) OF THIS SECTION, A MEMBER IS ENTITLED TO
ELIGIBILITY SERVICE FOR PERIODS OF EMPLOYMENT WHILE A MEMBER OF THE
EMPLOYEES' PENSION SYSTEM OR THE TEACHERS' PENSION SYSTEM.

(B)     THE 700-HOUR RULE.

(1)      IF A MEMBER COMPLETES AT LEAST 700 HOURS OF EMPLOYMENT
WHILE A MEMBER IN ANY FISCAL YEAR, THE MEMBER IS ENTITLED TO 1 YEAR OF
ELIGIBILITY SERVICE.

(2)      EXCEPT IN THE FIRST AND LAST FISCAL YEARS, A MEMBER MAY
NOT RECEIVE ANY ELIGIBILITY SERVICE FOR A FISCAL YEAR IN WHICH THE
MEMBER COMPLETES LESS THAN 700 HOURS OF EMPLOYMENT WHILE A MEMBER.

(3)      IN THE FIRST AND LAST FISCAL YEARS, IF A MEMBER COMPLETES
LESS THAN 700 HOURS OF EMPLOYMENT WHILE A MEMBER, THE BOARD OF
TRUSTEES SHALL PRORATE THE ELIGIBILITY SERVICE BASED ON THE NUMBER OF
HOURS WORKED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, §§ 4-301(a) and 5-301(a).

The references to "periods of employment while a member" and "employment
while a member" are substituted for the former references to "service with the
State" and "service with a public school" for accuracy and to reflect that
"service" is no longer a defined term.

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