WILLIAM DONALD SCHAEFER, Governor

Ch. 6

(3) (I) THE MEMBER HAS COMPLETED 1 YEAR OF ELIGIBILITY
SERVICE AFTER A BREAK IN SERVICE; AND

(II) THE NUMBER OF CONSECUTIVE YEARS IN WHICH THE
MEMBER INCURRED A BREAK IN SERVICE IS LESS THAN THE YEARS OF ELIGIBILITY
SERVICE AS A MEMBER BEFORE THE BREAK IN SERVICE.

(D)     DETERMINATION OF PRIOR ELIGIBILITY SERVICE.

TO DETERMINE IF A MEMBER IS ELIGIBLE FOR PRIOR ELIGIBILITY SERVICE
UNDER SUBSECTION (C)(3)(II) OF THIS SECTION, THE BOARD OF TRUSTEES SHALL
DETERMINE THE NUMBER OF YEARS OF PRIOR ELIGIBILITY SERVICE:

(1)      AS OF THE DAY THE MEMBER SEPARATED FROM EMPLOYMENT;
BUT

(2)      EXCLUDING ANY ELIGIBILITY SERVICE LOST BECAUSE OF A PRIOR
BREAK IN SERVICE.

(E)     TERMINATION OF RIGHTS IN OTHER SYSTEM.

WHEN A MEMBER RECEIVES CREDIT FOR ELIGIBILITY SERVICE UNDER
SUBSECTION (C) OF THIS SECTION FROM THE OTHER SYSTEM, THE MEMBER HAS NO
FURTHER RIGHTS IN THE OTHER SYSTEM.

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

In subsection (a) of this section, the former substantive provision describing a
break in service is revised as a definition to clarify the use of the term in this
section.

Also in subsection (a) of this section, the reference to "employment while a
member" is substituted for the former reference to "service with the State" for
accuracy and because "service" is no longer a defined term.

In subsection (c) of this section, the former reference to a member who
"incurs a break in service" is deleted as unnecessary and inconsistent with
subsection (c)(1) of this section.

In subsection (d) of this section, the reference to the "Board of Trustees" is
added to clarify who makes the determination of eligibility for prior eligibility
service.

In subsection (e) of this section, the references to "member" are substituted
for the former references to "former member" to reflect that the individual
receiving the service credit is currently a "member" of the system in which the
individual is receiving the service credit.

Also in subsection (e) of this section, the references to the "other system" are
substituted for the former references to the "Pension System for Employees"
and the "Pension System for Teachers" to reflect the consolidation of the
provisions for the two systems.

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