§ 28-303. Break in service rules

   (a) "Break in service" defined. -- In this section, "break in service" means a period of separation from employment in a fiscal year after the one in which a member first becomes employed, if during that fiscal year the member does not complete more than 350 hours of employment while a member.

(b) In general. -- A former member is entitled to the eligibility service to which the former member was entitled before the separation from employment if:

   (1) the former member has not incurred a break in service;

   (2) the former member was entitled to a vested allowance at the time of separation from employment; or

   (3) (i) the former member has completed 1 year of eligibility service after a break in service; and

      (ii) the number of consecutive years in which the member incurred a break in service is less than the years of eligibility service as a member before the break in service.

(c) Determination of prior eligibility service. -- To determine if a former member is eligible for prior eligibility service under subsection (b)(3)(ii) of this section, the Board of Trustees shall determine the number of years of prior eligibility service:

   (1) as of the day the former member separated from employment; but

   (2) excluding any eligibility service lost because of a prior break in service.

HISTORY: An. Code 1957, art. 73B, § 10-212; 1994, ch. 6, § 2.