Ch. 6

1994 LAWS OF MARYLAND

In subsection (b) of this section, the references to "employment while a
member" are substituted for the former references to "service" for accuracy
and to reflect that "service" is no longer a defined term.

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

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

Defined terms: "Board of Trustees" § 20-101
"Eligibility service" § 20-101
"Local Fire and Police System" § 20-101
"Member" § 20-101

28-303. 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)      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.

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