Maryland State Personnel and Pensions Section 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.