Ch. 6

1994 LAWS OF MARYLAND

In subsection (a) of this section, the phrase "[s]ubject to subsection (b) of this
section" is added to clarify that to receive eligibility service, a member must
satisfy the conditions stated in subsection (b).

Also in subsection (a) of this section, the reference to "January 1, 1980" is
deleted as obsolete and unnecessary since an individual could not have been a
member before that date.

Also in subsection (a) of this section, the references to the "Employees'
Pension System" arid the "Teachers' Pension System" are substituted for the
former references to "this pension system" to reflect that the provisions for
the two systems are consolidated in this title.

In subsection (b)(2) arid (3) of this section, the word "fiscal" is added to
modify "first and last years" for clarity arid to conform to the reference to a
"fiscal year" in subsection (b)(1).

In subsection (B)(3) of this section, the reference to the "Board of Trustees" is
added to clarify who has the responsibility to prorate trie eligibility service.

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

23-303. SAME — BREAK IN SERVICE RULES.

(A) "BREAK IN SERVICE" DEFINED.

IN THIS SECTION, "BREAK IN SERVICE" MEANS A PERIOD OF SEPARATION
FROM EMPLOYMENT IN A FISCAL YEAR AFTER THE ONE IN WHICH A MEMBER FIRST
BECOMES EMPLOYED, IF DURING THAT FISCAL YEAR THE MEMBER DOES NOT
COMPLETE MORE THAN 350 HOURS OF EMPLOYMENT WHILE A MEMBER.

. (B) SCOPE OF SECTION.

(1)      THIS SECTION APPLIES TO A MEMBER OF THE EMPLOYEES' PENSION
SYSTEM OR THE TEACHERS' PENSION SYSTEM WHO WAS A MEMBER OF ONE OF
THOSE STATE SYSTEMS.

(2)      THIS SECTION DOES NOT APPLY TO A RETIREE OF THE EMPLOYEES'
PENSION SYSTEM OR THE TEACHERS' PENSION SYSTEM.

(C) IN GENERAL.

A MEMBER IS ENTITLED TO THE ELIGIBILITY SERVICE TO WHICH THE MEMBER
WAS ENTITLED BEFORE THE SEPARATION FROM EMPLOYMENT IF:

(1)      THE MEMBER HAS NOT INCURRED A BREAK IN SERVICE;

(2)      THE MEMBER WAS ENTITLED TO A VESTED ALLOWANCE AT THE
TIME OF THE SEPARATION FROM EMPLOYMENT; OR

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