§ 38-104. State service credit for military service
West's Annotated Code of MarylandState Personnel and PensionsEffective: July 1, 2023
Effective: July 1, 2023
MD Code, State Personnel and Pensions, § 38-104
§ 38-104. State service credit for military service
(a)(1) This section applies to an individual who is:
(b) Except as provided in subsection (c) of this section, an individual described in subsection (a) of this section, who has not met the conditions set forth in § 38-103(a)(2) through (4) of this subtitle, is entitled to receive service credit for military service only on the attainment of 10 years of service credit earned through employment as a member of a State system.
(c)(1) An individual described in subsection (a) of this section may not receive credit for that military service if the individual receives credit for military service from another retirement system for which retirement benefits have been or will be received by the individual.
(ii) Subject to subparagraph (i) of this paragraph, a member of the Maryland National Guard or of a reserve component of the armed forces of the United States who has not been activated under Title 10 of the United States Code, shall receive service credit at the rate of 4 months for each full year of service with the Maryland National Guard or with a reserve component of the armed forces of the United States, not to exceed a total of 36 months.
(d)(1) Except as provided in paragraph (2) of this subsection, the service credit for military service that an individual receives under this section shall be applied to the individual's retirement allowance using the accrual rate in effect at the time the individual retires from a State system.
(2) If an individual applies for military service credit on or after July 1, 2011, the service credit for military service that the individual receives under this section shall be applied to the individual's retirement allowance using the accrual rate in effect at the time the individual submits an application for military service credit to the State Retirement Agency.
Credits
Added by Acts 1994, c. 6, § 2, eff. Oct. 1, 1994. Amended by Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1996, c. 618, § 2, eff. July 1, 1996; Acts 2000, c. 699, § 1, eff. July 1, 2000; Acts 2001, c. 29, § 1, eff. April 10, 2001; Acts 2003, c. 76, § 1, eff. July 1, 2003; Acts 2004, c. 454, § 1, eff. July 1, 2004; Acts 2006, c. 277, § 1, eff. July 1, 2006; Acts 2006, c. 277, § 2, eff. Oct. 1, 2006; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2011, c. 59, § 1, eff. July 1, 2011; Acts 2011, c. 397, § 1, eff. June 1, 2011; Acts 2012, c. 646, § 1, eff. July 1, 2012; Acts 2023, c. 126, § 1, eff. July 1, 2023.
Formerly Art. 65, § 88.
Footnotes
Aug. 14, 1935, ch. 531, 49 Stat. 620, codified at 42 U.S.C.A. § 301 et seq.
Pub.L. 93-445, Title I, Oct. 16, 1974, 88 Stat. 1305, codified at 45 U.S.C.A. § 231 et seq.
MD Code, State Personnel and Pensions, § 38-104, MD ST PERS & PENS § 38-104
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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