<?xml version='1.0' encoding='utf-8'?>
<section article="gsp" article_name="State Personnel and Pensions" number="28-303" title_number="28" title_name="Local Fire and Police System" 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">
    <text>A former member is entitled to the eligibility service to which the former member was entitled before the separation from employment if:</text>
    <level label="1">
      <text>the former member has not incurred a break in service;</text>
    </level>
    <level label="2">
      <text>the former member was entitled to a vested allowance at the time of separation from employment; or</text>
    </level>
    <level label="3">
      <level label="i">
        <text>the former 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="c">
    <text>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:</text>
    <level label="1">
      <text>as of the day the former 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>
</section>
