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<section article="gsp" article_name="State Personnel and Pensions" number="23-303" title_number="23" title_name="Employees' and Teachers' Pension Systems" subtitle_number="3" subtitle_name="Service Credit">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>This section applies to a member of the Employees’ Pension System or the Teachers’ Pension System who was a member of one of those State systems.</text>
    </level>
    <level label="2">
      <text>This section does not apply to:</text>
      <level label="i">
        <text>a retiree of the Employees’ Pension System or the Teachers’ Pension System; or</text>
      </level>
      <level label="ii">
        <text>a member of the Employees’ Pension System or Teachers’ Pension System who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>A member is entitled to the eligibility service to which the member was entitled before the separation from employment if:</text>
    <level label="1">
      <text>the member has not incurred a break in service;</text>
    </level>
    <level label="2">
      <text>the member was entitled to a vested allowance at the time of the separation from employment; or</text>
    </level>
    <level label="3">
      <level label="i">
        <text>the member has completed 1 year of eligibility service after a break in service; and</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>To determine if a member is eligible for prior eligibility service under subsection (c)(3)(ii) of this section, the Board of Trustees shall determine the number of years of prior eligibility service:</text>
    <level label="1">
      <text>as of the day the member separated from employment; but</text>
    </level>
    <level label="2">
      <text>excluding any eligibility service lost because of a prior break in service.</text>
    </level>
  </level>
  <level label="e">
    <text>When a member receives credit for eligibility service under subsection (c) of this section from the other system, the member has no further rights in the other system.</text>
  </level>
</section>
