Ch. 6

1994 LAWS OF MARYLAND

Defined terms: "Member" § 37-101
"State system" § 37-101
"State or local retirement or pension system" § 37-101

37-202. WHEN TRANSFER ALLOWED.

(A) IN GENERAL.

A MEMBER OF A STATE OR LOCAL RETIREMENT OR PENSION SYSTEM MAY
TRANSFER SERVICE CREDIT ATTAINED AS A RESULT OF THAT MEMBERSHIP TO
ANOTHER STATE OR LOCAL RETIREMENT OR PENSION SYSTEM IF THE MEMBER,
WITHOUT INCURRING A BREAK IN EMPLOYMENT, ACCEPTS EMPLOYMENT OR AN
OFFICE THAT:

(1)      REQUIRES OR ALLOWS THE MEMBER TO PARTICIPATE IN THE NEW
SYSTEM; AND

(2)      DOES NOT ALLOW THE MEMBER TO CONTINUE TO ACCRUE
BENEFITS IN THE PREVIOUS SYSTEM. .

(B) BY .FORMER MEMBERS; ELECTED AND APPOINTED OFFICIALS.

A FORMER MEMBER OF A STATE OR LOCAL RETIREMENT OR PENSION SYSTEM
MAY TRANSFER SERVICE CREDIT ATTAINED AS A RESULT OF THE FORMER
MEMBERSHIP TO ANOTHER STATE OR LOCAL RETIREMENT OR PENSION SYSTEM IF:

(1) THE FORMER MEMBER SERVED AS AN ELECTED OR APPOINTED
OFFICIAL WHILE A MEMBER OF THE PREVIOUS SYSTEM;

                 (2) THE FORMER MEMBER IS SERVING AS AN ELECTED OR APPOINTED

OFFICIAL OF THE STATE WHEN THE FORMER MEMBER REQUESTS THE TRANSFER OF
SERVICE CREDIT;

(3)      A BREAK IN EMPLOYMENT OCCURRED THAT PREVENTS THE
FORMER MEMBER FROM TRANSFERRING SERVICE CREDIT UNDER SUBSECTION (A)
OF THIS SECTION; AND

(4)      THE FORMER MEMBER'S CURRENT OFFICE:

(I)       REQUIRES OR ALLOWS THE MEMBER TO PARTICIPATE IN THE
NEW SYSTEM; AND

(II)     DOES NOT ALLOW THE MEMBER TO CONTINUE TO ACCRUE
BENEFITS IN THE PREVIOUS SYSTEM.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, §§ 1-401(a) and 1-402(a).

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