2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 28-303 - Break in service rules
§28-303.
(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.
(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.
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