Ch. 6

1994 LAWS OF MARYLAND

The only amendment to Art. 65, § 88 which specifically limited its application
prospectively to employees retiring on or after a certain date is Ch. 563, Acts of 1991
which included a definition of "military service" to include active service during certain
periods with the Commissioned Corps of the Public Health Service or of the National
Oceanic and Atmospheric Administration or its predecessor organization, the Coast and
Geodetic Survey. Section 2 of Ch. 563 specifically stated that this Act is "applicable only
to persons retiring on or after July 1, 1991".

The deletion of § 88(h) clarifies that § 88 applies regardless of when an employee
retires except as specifically provided in the introductory language of § 38-101(d)(4).

SUBTITLE 2. OTHER SERVICE CREDIT REQUIRED IN LOCAL RETIREMENT SYSTEMS.

38-201. SERVICE CREDIT REQUIRED IN LOCAL RETIREMENT SYSTEMS FOR MEMBERS
OF GENERAL ASSEMBLY.

(A)     SCOPE OF SECTION.

THIS SECTION APPLIES ONLY TO INDIVIDUALS WHO ARE MEMBERS OF THE
GENERAL ASSEMBLY FROM AND AFTER JANUARY 15, 1963.

(B)      SERVICE CREDIT REQUIRED.

NOTWITHSTANDING ANY PROVISIONS OF GENERAL OR LOCAL LAW TO THE
CONTRARY, ANY MEMBER OF A LOCAL RETIREMENT SYSTEM THAT IS OPERATED
ON AN ACTUARIAL BASIS, AS DESCRIBED IN TITLE 37 OF THIS ARTICLE, WHO IS ON
LEAVE OF ABSENCE WITHOUT PAY FROM EMPLOYMENT WITH A POLITICAL
SUBDIVISION OF THE STATE TO SERVE AS A MEMBER OF THE GENERAL ASSEMBLY
SHALL, ON APPLICATION, RECEIVE SERVICE CREDIT IN THE LOCAL RETIREMENT
SYSTEM FOR THE PERIOD OF THE ABSENCE REQUIRED FOR SERVICE IN THE
GENERAL ASSEMBLY.

(C)      PAYMENT OF MEMBER CONTRIBUTIONS.

TO RECEIVE THE BENEFIT OF THE SERVICE CREDIT PROVIDED UNDER THIS
SECTION, THE MEMBER OF THE GENERAL ASSEMBLY SHALL CONTRIBUTE INTO THE
LOCAL RETIREMENT SYSTEM, AT THE MEMBER'S USUAL RATE OF CONTRIBUTION
BASED UPON THE SALARY OF THE POSITION FROM WHICH THE MEMBER. IS ON.
LEAVE WITHOUT PAY TO SERVE AS A MEMBER OF THE GENERAL ASSEMBLY.

(D)     SERVICE CREDIT CERTIFIED BY COMPTROLLER OF THE STATE.

THE COMPTROLLER OF THE STATE SHALL MAKE APPROPRIATE
CERTIFICATIONS AS TO THE SERVICE CREDIT TO WHICH THE MEMBERS OF THE
GENERAL ASSEMBLY ARE ENTITLED UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, § 2-306(d).

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