§ 20. Military service creditable.

(a) Military personnel – Benefits, membership, and service credit during employment.

(1) Scope of subsection.

This subsection applies only to a member of this system who:

(i) on account of military service, as defined in paragraph (8) of this subsection, is on unpaid leave of absence from paid City employment;

(ii) does not withdraw any of his or her accumulated contributions, unless he or she redeposits the sum withdrawn as provided under paragraph (2) of this subsection;

(iii) within 1 year after he or she leaves military service, or any longer period during which his or her employment rights are protected by federal law, is reemployed by the City of Baltimore as a regular and permanent employee;

(iv) does not take any employment, other than employment described in item (iii) of this paragraph or temporary employment after the member:

(A) applied for reemployment in his or her former classification or position in the City service; and

(B) was refused immediate reemployment for causes beyond his or her control; and

(v) applies for service credit with the system.

(2) Redeposit of accumulated contributions; payment methods, deadline; pro rata credit.

(i) If a member of this system who is absent from employment for military service withdraws any of his or her accumulated contributions and redeposits into the system the sum withdrawn, with regular interest at the rate for the accumulation of member constributions from the date of withdrawal to the date that the redeposit is completed, the member, if otherwise qualified, is entitled to the benefits of this section as if the withdrawal had not been made.

(ii) The redeposit of accumulated contributions:

(A) may be made by a single payment or an increased rate of contribution; but

(B) must be completed before the member's retirement date.

(iii) The redeposit of accumulated contributions shall be credited pro rata at the time each payment is made.

(3) Retention of status and rights as a member.

Except as otherwise provided in this subsection, a member of this system who is reemployed under paragraph (1)(iii) of this subsection retains the status and rights as a member during a period of absence from employment for military service.

(4) Service credit.

A member of this system shall receive service credit for a period of absence from employment while in military service if:

(i) the reemployment of the member under paragraph (1)(iii) of this section is paid employment; and

(ii) membership in this system is a requirement of that employment.

(5) Transfer of service credit.

A member of this system who receives service credit for military service under this subsection may transfer the credit to another state or local retirement or pension system.

(6) Contributions.

(i) Except as otherwise provided in subparagraph (ii) of this paragraph, a member of this system who is reemployed under paragraph (1)(iii) of this subsection and is otherwise qualified to retain the status and rights of a member during a period of absence from employment for military service, shall be credited with, at the City's sole account and expense:

(A) the contributions, if any, that the City would have made on behalf of the member if the member had not been absent; and

(B) the contributions that the member would have made on his or her own behalf if the member had not been absent.

(ii) On a member's terminating City employment, the member is not entitled to withdraw any part of the contributions credited to his or her account under this paragraph, including the annuity portion attributable to City contributions made under this paragraph, except in the case of death while in City service or retirement from City service.

(iii) The Board of Trustees shall refund to a member any contributions made to the System during a period of absence from employment for military service when the member is otherwise exempted under this paragraph from paying contributions into the system.

(iv) On termination of a member's employment during or after a leave of absence for military service, the member, member's beneficiary, or member's estate is entitled to a refund of the member's accumulated contributions, plus interest, in lieu of any other system benefit, excluding contributions made by the City under subparagraph (i) of this paragraph.

(7) Benefits unavailable during absence.

A member of this system, the member's beneficiary, or the member's estate is not entitled to line-of-duty disability benefits or line-of-duty death benefits arising from the member's death or disability during a period that the member is absent from employment for military service.

(8) "Military service" defined.

(i) In this subsection, "military service" means any:

(A) "service in the uniformed services", as defined by and interpreted under 38 U.S.C. § 4303(13); or

(B) "military service", as defined by and interpreted under State Personnel and Pension Article §38-101(d);

(ii) "Military service" includes active duty, active duty for training, initial active duty for training, and inactive duty training (such as drills), under competent authority, on a voluntary or involuntary basis, in the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service Commissioned Corps, the Army National Guard, the Air National Guard, the Maryland National Guard, as well as the reserve components of each of these services, and any other category of persons designated by the President or the Governor of the State of Maryland in time of war or national or state emergency.

(9) Rules and regulations.

Subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Board of Trustees may adopt rules, resolutions, and regulations to carry out this subsection.

(b) Military personnel – Credit for military service prior to employment.

(1) Notwithstanding any other provision of this subtitle, on proper application to the Retirement System, credit for military service, as defined in subsection (a) of this section, shall be granted to any member who has served in the military prior to employment with the City.

(2) However, a member may not be awarded credit if the member has received credit for a period of military service under any other retirement system, for which retirement benefits have been or will be received by him. This exclusion, however, does not apply to any credit provided through Federal Old-Age and Survivors Insurance (Social Security), or to any benefits provided under Title 3 or Title 10, Chapter 67, §§ 1331 through 1337 of the U.S. Code.

(3) The military service credit provided by this subsection may not exceed 3 years.