<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Subtitle 4 – Service">
  <section prefix="§" num="4-1" heading="“Service” defined.">
    <para num="(a)" heading="In general.">Except as otherwise provided in this section, “service” means the sum of each period of a member’s employment with a participating employer.</para>
    <para num="(b)" heading="Exclusions.">Except as provided in subsection (c) of this section, “service” does not include any period of employment:<para num="(1)">that has been credited as service under any other City retirement plan for calculating the amount of a retirement benefit or a deferred vested retirement benefit; or</para>
      <para num="(2)">during which the member was not receiving earnable compensation for any portion of a pay period from the participating employer.</para>
    </para>
    <para num="(c)" heading="Exceptions.">The exclusions of subsection (b) of this section do not apply to any period of employment credited to a hybrid member for service as a Class D member of the Employees’ Retirement System.</para>
    <para num="(d)" heading="Transfers of service.">If a member transfers service to any other City retirement plan, that transferred service may not be counted to determine whether the member is vested in his or her employer contribution sub-account.</para>
    <annotation type="History">Ord. 14-216</annotation>
    <annotation type="History">Ord. 20-458</annotation>
    <annotation type="History" />
  </section>
  <section prefix="§" num="4-2" heading="Applicability.">
    <text>A member’s service is used to determine whether the member is vested in his or her Employer Contribution Sub-Account.</text>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
  <section prefix="§" num="4-3" heading="Military Service.">
    <text>To the extent required by USERRA, the service of a member returning from an unpaid leave of absence on account of military service includes the period of the member’s leave of absence.</text>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
  <section prefix="§" num="4-4" heading="Determination final and binding.">
    <text>The determination of a member’s service:</text>
    <para num="(1)">is made by the Board of Trustees; and</para>
    <para num="(2)">is final and binding on all persons, subject to the rights of appeal and review under § 2-17{“Administrative appeal”} and &lt;cite data-path="|22A|§2-18"&gt;§ 2-18 {“Judicial and appellate review”} of this article&lt;/cite&gt;.</para>
    <annotation type="History">Ord. 14-216</annotation>
  </section>
</baltimore-city-law>
