ROBERT L. EHRLICH, JR., Governor

Ch. 76

Annotated Code of Maryland

(1997 Replacement Volume and 2002 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Personnel and Pensions

38-103.

(a)     This section applies only to a member of a State or local retirement or
pension system who:

(1)     does not withdraw any of the member's accumulated contributions,
unless the member redeposits the sum withdrawn as provided under subsection (b) of
this section;

(2)     within 1 year after the member leaves military service, is employed
by the State or a political subdivision of the State;

(3)     does not take any employment other than the employment described
in item (2) of this subsection, except for temporary employment after the member:

(i) applied for reemployment in the member's former classification
or position in the State service; and

(ii) was refused immediate reemployment for causes beyond the
member's control; and

(4)     applies for service credit with the State or local retirement or pension
system in which the member held membership before the member's military service
began.

(b)     If a member of a State or local retirement or pension system who is absent
from employment for military service withdraws any of the member's accumulated
contributions and redeposits the sum withdrawn with regular interest into the State
or local retirement or pension system, the member, if otherwise qualified, is entitled
to the benefits of this section as if the withdrawal had not been made.

(c)      Except as otherwise provided in this subtitle, a member of a State or local
retirement or pension system who is actively reemployed under subsection (a)(2) of
this section retains the status and rights as a member during a period of absence from
employment for military service.

(d)     (1) Subject to [paragraph (2)] PARAGRAPH (2)(I) of this subsection, a
member of a State or local retirement or pension system shall receive service credit
for a period of absence from employment while in military service if:

(i) the employment of the member under subsection (a)(2) of this
section is active or the employee is reinstated as a regular employee on a leave of
absence; and

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