(a) This section applies to a member of the Employees’ Pension System or the Teachers’ Pension System who is subject to the contributory pension benefit or the Alternate Contributory Pension Selection.
(b) A member who is subject to the contributory pension benefit is entitled to the eligibility service to which the member was entitled before the separation from employment if the member:
(1) separated from employment on or before June 30, 1998;
(2) was not entitled to a vested allowance from the Employees’ Pension System or the Teachers’ Pension System at the time of the separation from employment;
(3) becomes a member who is subject to the contributory pension benefit on or before June 30, 2003;
(4) completes 1 year of employment as a member who is subject to the contributory pension benefit;
(5) did not transfer to the Employees’ Pension System or the Teachers’ Pension System from the Employees’ Retirement System or the Teachers’ Retirement System after April 1, 1998; and
(6) applies for the prior eligibility service credit by completing a claim for the service credit and filing it with the Board of Trustees on the form that the Board of Trustees provides.
(c) A member who is subject to the Alternate Contributory Pension Selection is entitled to the eligibility service to which the member was entitled before the separation from employment if the member:
(1) was separated from employment for less than 4 years;
(2) was not entitled to a vested allowance from the Employees’ Pension System or the Teachers’ Pension System at the time of separation;
(3) becomes a member who is subject to the Alternate Contributory Pension Selection on or before June 30, 2010;
(4) completes 1 year of employment as a member who is subject to the Alternate Contributory Pension Selection;
(5) did not transfer to the Employees’ Pension System or the Teachers’ Pension System from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998;
(6) applies for the prior eligibility service credit by completing a claim for the service credit and filing it with the Board of Trustees on a form that the Board of Trustees provides; and
(7) deposits into the annuity savings fund the member contributions, if any, that would have been due for the period of service if the member had been subject to the Alternate Contributory Pension Selection, plus regular interest on the contributions.
(d) (1) A member shall receive eligibility service credit under this section by completing a claim for the service credit and filing it with the Board of Trustees on the form that the Board of Trustees provides at any time before retirement.
(2) When a member receives credit for eligibility service under subsection (b) of this section from another system, the member has no further rights in the other system.
(e) If a member withdrew the member’s accumulated contributions after the prior separation from employment, the member shall:
(1) redeposit any of the amounts withdrawn with regular interest to the date of redeposit; or
(2) on retirement, the individual’s retirement allowance shall be reduced by the actuarial equivalent of the accumulated contributions withdrawn with regular interest to the date of retirement.
Structure Maryland Statutes
Title 23 - Employees' and Teachers' Pension Systems
Section 23-302 - Eligibility Service -- Rules for Computation
Section 23-303 - Eligibility Service -- Break in Service Rules
Section 23-303.1 - Eligibility Service -- Employees' or Teachers' Pension Systems
Section 23-304 - Eligibility Service -- Transferred Service Credit
Section 23-305 - Eligibility Service -- Military Service Credit
Section 23-306 - Eligibility Service -- Approved Leaves of Absence
Section 23-306.1 - Eligibility Service -- State Racing Commission
Section 23-306.3 - Eligibility Service -- Receipt of Credit by Employees of Pension Systems
Section 23-307.1 - Contributory Pension Benefit -- Employees' Pension System
Section 23-307.2 - Frederick County Members
Section 23-307.3 - Purchase of Service Credit by 40-Year State Employees
Section 23-307.5 - Alternate Contributory Pension Selection -- Purchase of Service Credit
Section 23-308 - Purchase of Service Credit by Members of Teachers' Pension System
Section 23-309 - Creditable Service -- in General
Section 23-310 - Treatment of Unused Sick Leave as Creditable Service