Section 23-306.3 - Eligibility service - Receipt of credit by employees of pension systems. - Maryland Statutes

§ 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. 
 

[2000, ch. 396; 2007, ch. 337.]