Ch. 6

1994 LAWS OF MARYLAND

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)      IN GENERAL.

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

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

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

(3)      (I) THE FORMER 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.

(C)      DETERMINATION OF PRIOR ELIGIBILITY SERVICE.

TO DETERMINE IF A FORMER MEMBER IS ELIGIBLE FOR PRIOR ELIGIBILITY
SERVICE UNDER SUBSECTION (B)(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 FORMER MEMBER SEPARATED FROM
EMPLOYMENT; BUT

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

REVISOR'S NOTE: Subsections (a), (b)(2) and (3), and (c) of this section are
new language derived without substantive change from former Art. 73B, §
8-301(e).

Subsection (b)(1) of this section is new language added to state expressly that
which formerly only was implied — i.e., if a former member returned to
membership without a break in service, the former member is entitled to the
eligibility service the. former member had before the separation from
employment.

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 consistency, because "service" is no longer a defined term.

- 554 -