2013 Maryland Code
STATE PERSONNEL AND PENSIONS
§ 23-306 - Eligibility service -- Approved leaves of absence

§23-306.

(a) A member is entitled to eligibility service during a leave of absence if the leave of absence:

(1) is approved by the Board of Trustees under regulations that apply to all members similarly situated; and

(2) is not otherwise recognized as eligibility service under this subtitle.

(b) To receive service credit for a leave of absence described under subsection (a) of this section, a member shall pay the member contributions with regular interest, if any, as determined by the Board of Trustees under regulations that apply to all members similarly situated.

§ 23-306 - 1. Eligibility service -- State Racing Commission

(a) In general. --

(1) Except as provided in paragraph (2) of this subsection, a member of the Employees' Pension System who is an additional employee or agent of the State Racing Commission authorized by § 11-207 of the Business Regulation Article is entitled to eligibility service for any service on or after January 1, 1986 as an additional employee or agent of the State Racing Commission.

(2) For the purpose of computing benefits under this Division II, a member of the Employees' Pension System who is an additional employee or agent of the State Racing Commission authorized by § 11-207 of the Business Regulation Article is entitled to creditable service for service on or after the initial date of employment or July 1, 1991, whichever is later.

(b) Amortization of unfunded liability. -- If the Board of Trustees determines that the eligibility service and creditable service granted in subsection (a) of this section creates an unfunded liability to the Employees' Pension System, the licensees of the State Racing Commission shall pay, over a period of 25 years, an amount sufficient to amortize the unfunded liability.

§ 23-306 - 2. Eligibility service -- Purchase of service credit by members subject to contributory pension benefit

(a) Authorized. -- A member who is subject to the contributory pension benefit or the Alternate Contributory Pension Selection may purchase service credit as provided in subsection (b) of this section for periods of employment described in subsection (c) of this section for which the member is not otherwise entitled.

(b) Requirements. --

(1) A member who purchases service credit under this section shall:

(i) complete a claim for the service credit and file it with the Board of Trustees on a form that the Board of Trustees provides; and

(ii) pay to the Board of Trustees in a single payment the member contributions the member would have made for the period of employment for which service credit is being purchased if the member had earned the prior service in the same part of the Employees' Pension System or Teachers' Pension System in which the member is currently enrolled, plus regular interest to the date of payment.

(2) A member may pay for service credit purchased under this section at any time before retirement.

(3) Subject to § 414(h)(2) of the Internal Revenue Code, an individual's accumulated contributions in excess of the amount determined under paragraph (1) of this subsection shall be refunded on request.

(c) Employees of pension systems. --

(1) Except as provided in paragraph (2) of this subsection, a member may purchase service credit for a period of employment as a member of the Employees' Pension System or Teachers' Pension System if the member:

(i) has withdrawn the member's accumulated contributions after a prior termination of membership; and

(ii) was subject to the contributory pension benefit or the Alternate Contributory Pension Selection when the member previously terminated membership in the Employees' Pension System or the Teachers' Pension System.

(2) A member may not purchase eligibility service credit that exceeds the member's creditable service credit.

§ 23-306 - 3. Eligibility service -- Receipt of credit by employees of pension systems

(a) Applicability of section. -- 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) Entitlement to credit -- Contributory pension benefit. -- 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) Entitlement to credit -- Alternate Contributory Pension Selection. -- 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) Completion of claim; rights in other system. --

(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) Withdrawal of accumulated contributions after prior separation. -- 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.