Maryland Statutes
Subtitle 3 - Service Credit
Section 23-303 - Eligibility Service -- Break in Service Rules

(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)    (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
        (3)    (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.

Structure Maryland Statutes