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Session Laws, 1994
Volume 773, Page 701   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 6

(1)      SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A MEMBER OF A
STATE OR LOCAL RETIREMENT OR PENSION SYSTEM SHALL RECEIVE SERVICE
CREDIT FOR A PERIOD OF ABSENCE FROM EMPLOYMENT WHILE IN MILITARY
SERVICE IF:

(I)       THE EMPLOYMENT OF THE MEMBER UNDER SUBSECTION
(A)(2) OF THIS SECTION IS ACTIVE OR THE EMPLOYEE IS REINSTATED AS A REGULAR
EMPLOYEE ON A LEAVE OF ABSENCE; AND

(II)     MEMBERSHIP IN A STATE OR LOCAL RETIREMENT OR PENSION
SYSTEM IS A REQUIREMENT OF EMPLOYMENT.

(2)      FOR AN ABSENCE FOR MILITARY SERVICE ON OR AFTER JANUARY 1,
1946, SERVICE CREDIT FOR THE MILITARY SERVICE MAY NOT EXCEED 5 YEARS.

(E)     TRANSFER OF SERVICE CREDIT.

A MEMBER OF A STATE OR LOCAL RETIREMENT OR PENSION SYSTEM WHO
RECEIVES SERVICE CREDIT FOR MILITARY SERVICE UNDER THIS SECTION MAY
TRANSFER THE CREDIT TO ANOTHER STATE OR LOCAL RETIREMENT OR PENSION
SYSTEM.

(F)      CONTRIBUTIONS.

(1)      WITH RESPECT TO THE PERIOD OF A MEMBER'S ABSENCE FROM
EMPLOYMENT FOR MILITARY SERVICE, THE STATE OR POLITICAL SUBDIVISION
THAT EMPLOYED THE MEMBER SHALL MAKE THE MEMBER CONTRIBUTIONS AND
EMPLOYER CONTRIBUTIONS AS IF THE MEMBER HAD NOT BEEN ABSENT AND HAD
RETAINED THE STATUS OF AN EMPLOYEE.

(2)      A MEMBER MAY NOT WITHDRAW ANY CONTRIBUTION MADE
UNDER PARAGRAPH (1) OF THIS SUBSECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 65, § 88(b), (c), and (d).

The State Personnel and Pensions Article Review Committee notes for the
consideration of the General Assembly, that the method for calculating the
length of absence for military service is ambiguous as to whether the period of
absence for military service includes the entire length of absence from
employment or only that period of time during which the member is in military
service.

Defined terms: "Accumulated contributions" § 38-101
"Member" § 38-101
"Military service" § 38-101
"Regular interest" § 38-101
"State or local retirement or pension system" § 38-101

38-104. STATE SERVICE CREDIT FOR MILITARY SERVICE.

(A) IN GENERAL.

- 701 -

 

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Session Laws, 1994
Volume 773, Page 701   View pdf image
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