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S.B. 40
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VETOES
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(2) (I) [For] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, FOR an absence for military service on or after January 1, 1946, service
credit for the military service may not exceed 5 years.
(II) FOR MILITARY SERVICE WITH THE MARYLAND NATIONAL
GUARD, A MEMBER SHALL RECEIVE SERVICE CREDIT AT THE RATE OF 4 MONTHS FOR
EACH FULL YEAR OF SERVICE WITH THE MARYLAND NATIONAL GUARD, NOT TO
EXCEED A TOTAL OF 36 MONTHS.
38-104.
(a) Except as provided in subsection (b) of this section, a member of a State
system, who has not met the conditions set forth in § 38-103(a)(2) through (4) of this
subtitle, is entitled to receive service credit for military service only on the attainment
of 10 years of creditable service.
(b) (1) A member of a State system may not receive credit for that military
service if the member receives credit for military service from another retirement
system for which retirement benefits have been or will be received by the member.
(2) Paragraph (1) of this subsection does not apply to:
(i) credit for military service provided under:
1. the Social Security Act;
2. the National Railroad Retirement Act; or
3. Title 3 or Title 10, Chapter 67, §§ 1331 through 1337 of the
United States Code; or
(ii) disability payments from a pension or retirement system.
(3) (I) [Military] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, MILITARY service credit under this section may not exceed 5 years.
(II) SUBJECT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR
MILITARY SERVICE WITH THE MARYLAND NATIONAL GUARD, A MEMBER SHALL
RECEIVE SERVICE CREDIT AT THE RATE OF 4 MONTHS FOR EACH FULL YEAR OF
SERVICE WITH THE MARYLAND NATIONAL GUARD, NOT TO EXCEED A TOTAL OF 36
MONTHS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2000.
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May 18, 2000
The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis MD 21401
Dear Mr. President:
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- 3594 -
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