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Session Laws, 1994
Volume 773, Page 694   View pdf image
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Ch. 6                                       1994 LAWS OF MARYLAND

Also in subsection (b) of this section, the reference to the transfer of "service
credit in the new system in the amount of service credit accumulated under
the previous system" is substituted for the former reference in Art. 73B, §
1-401(b), in relation to a transfer from one contributory system to another
contributory system, to the transfer of "service credit... for and in the amount
of benefits accumulated in the system from which the member transfers" to
reflect the long-standing administrative interpretation of this section that the
phrase "from which" was in error. See Ch. 394, Acts of 1981. For other
transfers, the reference to the transfer of "service credit in the new system in
the amount of service credit accumulated under the previous system" is
substituted for the former references in Art. 73B, § 1-401(c), (d), and (e) to
the transfer of service credit "for and in the amount of benefits in the systems
to which the member transfers" for clarity. Administrative' practice has
applied this rule on transfer of service credit uniformly, including also to
transfers from one contributory system to another contributory system.

          In subsection (c) of this section, the former references to "notwithstanding

any other ... laws ..." are deleted as surplusage..

In subsection (d) of this section, the reference to a requirement that "the
previous system shall refund the individual's accumulated contributions" is
made applicable to a transfer from one contributory system to another to state
expressly that which formerly only was implied — i.e., that for a transfer from
one contributory system to another, since the individual is required under
subsection (a)(2) of this section to deposit accumulated contributions into the
annuity savings fund of the new system, the old system must refund those
contributions to the individual.

In subsection (e)(2) of this section, the reference to contributions "that would
have been deducted if the individual had earned the transferred service credit
            under the new system" is substituted for the former reference to contributions

"that have not been deducted" for clarity.

Defined terms: "Accumulated contributions" § 37-101
"Annuity" § 37-101
"Contributory system" § 37-101
"Former member" § 37-101
"Member" § 37-101
"New system" § 37-101
"Noncontributory system" § 37-101
"Pension" § 37-101
"Previous system" § 37-101
"Retirement" § 37-101
"Retirement allowance" § 37-101

37-204. TRANSFER TO POLICE DEPARTMENT OR FIRE DEPARTMENT SYSTEM.

(A) IN GENERAL.

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Session Laws, 1994
Volume 773, Page 694   View pdf image
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