§ 23-303
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/md/state-personnel-and-pensions/23-303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§23–303.
(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.
(1)This section applies to a member of the Employees’ Pension System or the Teachers’ Pension System who was a member of one of those State systems.
(2)This section does not apply to:
(i)a retiree of the Employees’ Pension System or the Teachers’ Pension System; or
(ii)a member of the Employees’ Pension System or Teachers’ Pension System who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit.
(c)A member is entitled to the eligibility service to which the member was entitled before the separation from employment if:
(1)the member has not incurred a break in service;
(2)the member was entitled to a vested allowance at the time of the separation from employment; or
(i)the 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.
(d)To determine if a member is eligible for prior eligibility service under subsection (c)(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 member separated from employment; but
(2)excluding any eligibility service lost because of a prior break in service.
(e)When a member receives credit for eligibility service under subsection
(c)of this section from the other system, the member has no further rights in the other system.