§ 28-303. Break in service rules

MD State Pers & Pens Code § 28-303 (2019) (N/A)
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(a)    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)    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)    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.