Maryland State Personnel and Pensions Section 23-309

Article - State Personnel and Pensions

§ 23-309.

      (a)      For the purpose of computing benefits under this title, creditable service consists of:

            (1)      eligibility service as adjusted under subsection (b) of this section; and

            (2)      credit for unused sick leave as provided in § 20-206 of this article and § 23-310 of this subtitle.

           

      (b)      (1)      This subsection does not apply to eligibility service that consists of:

                  (i)      service credit transferred from another retirement or pension system;

                  (ii)      military service credit granted under Title 38 of this article; or

                  (iii)      service credit purchased under this subtitle.

            (2)      The Board of Trustees shall adjust a member's eligibility service as provided in this subsection.

            (3)      (i)      The Board of Trustees shall adopt regulations to determine for any fiscal year the amount of creditable service that equals the eligibility service for a member who has completed less than the normal hours of employment for the member's position.

                  (ii)      The normal hours of employment for a position equals the minimum number of hours to be completed by a full-time employee serving in the member's position.

                  (iii)      The creditable service recognized for a fiscal year may not be less than the eligibility service for the member multiplied by a fraction not to exceed 1 that has:

                        1.      as its numerator, the number of hours of employment as a member that the member has completed during that year; and

                        2.      as its denominator, the normal number of hours of employment for the member's position.

      (c)      (1)      This subsection applies only to a member who is:

                  (i)      subject to the contributory pension benefit under Subtitle 2, Part II of this title; and

                  (ii)      entitled to eligibility service for military service credit granted under Title 38 of this article.

            (2)      The Board of Trustees shall adjust a member's eligibility service for military service credit granted under Title 38 of this article as provided in this subsection.

            (3)      (i)      Except as provided in subparagraph (ii) of this paragraph, a member's eligibility service for military service credit shall be treated as creditable service on or after July 1, 1998.

                  (ii)      The Board of Trustees shall treat a member's military service credit as creditable service on or before June 30, 1998, if the member:

                        1.      is entitled to credit for the military service under § 38-103 of this article on account of the member's absence from employment while in military service on or before June 30, 1998; or

                        2.      received credit for the military service under § 38-104 of this article on or before June 30, 1998, as reflected in the records of the State Retirement Agency.



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