§ 4. Service creditable.
(a) Statement of service.
Under such rules and regulations as the Board of Trustees shall adopt, each member who was an employee at any time during the year 1925 and who becomes a member during the year 1926, shall file a detailed statement of all service as an employee rendered by him prior to that date for which he claims credit, including all service creditable to him under any other retirement system supported wholly or in part by the City of Baltimore at the time he becomes a member of this system, and of such other facts as the Board of Trustees may require for the proper operation of the Retirement System.
(b) Computation of service.
(1) Classes A and B – General.
For Class A and Class B members, the Board of Trustees shall, subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service, or proportion thereof, but in no case shall more than 1 year of service be credited for all service in any 12-month period, nor shall the Board of Trustees allow credit as service for any period of more than 1 month's duration during which the employee was absent without pay. In the case of former members of the General Assembly of Maryland who become or who have become members of the Retirement System, each full year of membership in the General Assembly shall be credited as a year of service, regardless of whether payment for such service was on a per diem or per annum basis. In any event, a member who vacated or otherwise relinquished his position as a member of the General Assembly before the end of the term for which he was elected, shall be given full credit up to the date of his separation from this position, regardless of whether payment for such service was on a per diem or per annum basis.
(2) Classes A and B – Additional service credit.
(i) Notwithstanding anything to the contrary, any Class A or Class B member who was an employee of the City of Baltimore on January 1, 1996, and who separates from service with the City on or after January 1, 1996, and on or before December 31, 1996, shall receive:
1. additional years of service credit equal to the greatest of:
A. 1 year;
B. 1/6 of the number of years of existing service credit (rounding any part of an existing year to the next highest year) that the eligible member has acquired as of the date of separation from City employment; or
C. 1/45 of the member's compensable leave days. For purposes of this § 4(b)(2)(i)1.C., "compensable leave days" shall be the total of vacation, personal leave, and 1/3 of the number of sick leave days that the member has accumulated as of May 1, 1996, or, if earlier, the effective date of the member's separation from service. For purposes of calculating "compensable leave days" only, employees of the Baltimore City Police Department who were hired prior to July 1, 1973, and who, under Baltimore City Police Department personnel policies, do not accumulate sick leave days shall be deemed to have accumulated 6 sick leave days for each year of employment with the Police Department as of May 1, 1996. "Compensable leave days" shall not include accumulated vacation and personal leave cashable on other than a 1-for-1 basis, K-days, compensatory time, or any other leave not enumerated in the above definition. The Department of Finance shall provide to the Retirement System a report showing, for each member who is an employee of the City of Baltimore, his or her accumulated balance of "compensable leave days" as defined herein as of May 1, 1996, or, if earlier, the effective date of the member's separation from service; and
2. for a member whose retirement is effective on or after May 1, 1996, and on or before July 31, 1996:
A. an additional retirement benefit equal to 5% of the member's total retirement benefit, after crediting the additional years of service granted under subparagraph (i)1 of this paragraph, payable in the same manner as the member's total retirement benefit;
B. the same post retirement benefit increase that is payable as of January 1, 1997, to other eligible retirees and beneficiaries, notwithstanding any waiting period otherwise required under this subtitle for eligibility; and
C. payment of his or her retirement benefits beginning as of the member's date of retirement, even if, notwithstanding the normal 30-day waiting period required by this subtitle for benefits, the date of retirement is less than 30 days after the date of application.
(ii) Notwithstanding anything to the contrary, any Class A or Class B member who was any employee of the City of Baltimore on June 30, 1995, and who, on or after July 1, 1995, and on or before December 31, 1995, was removed from his or her regular permanent position with the City without fault (within the meaning of § 6(a)(11) of this subtitle), shall receive additional service credit calculated under § 4(b)(2)(i)1.A. and B, but without regard to § 4(b)(2)(i)1.C or 2 above.
(iii) The additional service credits and benefits granted under this § 4(b)(2) shall not be applicable to Class A or Class B members who are terminated for cause as defined by Civil Service Rule 56.
(iv) The additional service credit granted under this § 4(b)(2) shall be added to the service credit that the member has acquired at the date of separation, and the new total service credit shall be used to determine all other benefit and service eligibility under this subtitle as if the new total were the member's service credit at the time of separation. For purposes of this § 4(b)(2), the date of separation of service shall be the date of cut-off as shown on the member's cut-off notice.
(v) Should a Class A or Class B member who has been separated from service and who has received additional service credits and benefits under this § 4(b)(2) return to City employment, the additional service credits and benefits granted under this § 4(b)(2) shall be forfeited and voided and the member's previous service credit and applicable benefits as of the member's date of separation and prior to the inclusion of any additional service credit or benefit shall be restored to full force and effect.
(vi) All additional benefit payments provided herein shall be prospective from the effective date of this § 4(b)(2) or the member's date of retirement, whichever is later.
(vii) The additional service credit granted under this § 4(b)(2) shall provide credit towards benefits in the Employees' Retirement System only and shall not be transferable to any other retirement or pension system.
(viii) To the extent any additional benefit provided to any member by this § 4(b)(2) constitutes a discriminatory benefit under regulations applicable to governmental plans issued by the Secretary of the Treasury under Internal Revenue Code § 401(A)(4) (when such regulations are effective), such additional benefit for any member shall be null and void.
(3) Class C.
The service of Class C members shall be computed and credited under the provisions contained in § 9(c).
(4) Class D.
The service of Class D members shall be computed and credited under the provisions contained in § 9.2(c).
(c) Verification of service.
Subject to the above restrictions and to such other rules and regulations that, subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Board of Trustees adopt, the Board shall verify, as soon as practicable after the filing of such statement of service, the service therein claimed.
(d) Prior service certificates.
Upon verification of the statement of service, the Board of Trustees shall issue prior service certificates certifying to each member the length of service rendered prior to January 1, 1926, with which he is credited on the basis of his statement of service. So long as membership continues a prior service certificate shall be final and conclusive for retirement purposes as to such service, provided, however, that any member may, within 1 year from the date of issuance or modification of such certificate, request the Board of Trustees to modify or correct his prior service certificate.
When membership ceases, such prior service certificate shall become void. Should the employee again become a member, such employee shall enter the system as an employee not entitled to prior service credit except as provided in §§ 6(b)(12), 6(d)(9), and 6(f)(9) of this subtitle.
(e) 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 annuity savings fund rate 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.
(f) Credit for military service prior to employment.
Notwithstanding any other provisions of this subtitle, upon proper application to the Retirement System, up to 3 years of credit shall be granted for military service, as defined in § 4(e) of this subtitle, to any Class A or Class B member who has served in the military prior to employment with the City, provided:
(1) if the member terminates employment on or before December 31, 1995, the member has acquired at least 10 years of service and has attained at least age 60, or the member has acquired 30 or more years of service, regardless of age; or
(2) if the member terminates employment on or after January 1, 1996, the member has acquired at least 10 years of service and has acquired at least age 60, or the member has acquired 20 or more years of service, regardless of age.
(3) However, a member shall not be awarded credit if he 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; however, this exclusion does not apply to any such 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. In addition, the military service credit herein provided shall not exceed 3 years. The City shall make all necessary contributions to the pension and annuity funds for the funding of military service credit.
(g) Rules and regulations.
Subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Board of Trustees is hereby authorized to issue rules and regulations to carry out the provisions of this section, notwithstanding any present rules and regulations to the contrary