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<section article="gsp" article_name="State Personnel and Pensions" number="38-104" title_number="38" title_name="Additional Service Credit Provisions" subtitle_number="1" subtitle_name="Military Service Credit">
  <level label="a">
    <level label="1">
      <text>This section applies to an individual who is:</text>
      <level label="i">
        <text>a member of a State system; or</text>
      </level>
      <level label="ii">
        <text>a former member of a State system who is eligible to receive a benefit under § 29–302 or § 29–303 of this article.</text>
      </level>
    </level>
    <level label="2">
      <text>This section does not apply to a retiree of a State system.</text>
    </level>
  </level>
  <level label="b">
    <text>Except as provided in subsections (c) and (e) of this section, an individual described in subsection (a) of this section, who has not met the conditions set forth in § 38–103(a)(2) through (4) of this subtitle, is entitled to receive service credit for military service only on the attainment of 10 years of service credit earned through employment as a member of a State system.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>An individual described in subsection (a) of this section may not receive credit for that military service if the individual receives credit for military service from another retirement system for which retirement benefits have been or will be received by the individual.</text>
    </level>
    <level label="2">
      <text>Paragraph (1) of this subsection does not apply to:</text>
      <level label="i">
        <text>credit for military service provided under:</text>
        <level label="1">
          <text>the Social Security Act;</text>
        </level>
        <level label="2">
          <text>the National Railroad Retirement Act; or</text>
        </level>
        <level label="3">
          <text>Title 3 or Title 10, Chapter 1223, §§ 12731 through 12737 of the United States Code;</text>
        </level>
      </level>
      <level label="ii">
        <text>disability payments from a pension or retirement system; or</text>
      </level>
      <level label="iii">
        <text>a member or former member of the Law Enforcement Officers’ Pension System who is or was assigned as a helicopter pilot in a State law enforcement aviation unit.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Military service credit under this section may not exceed 5 years.</text>
      </level>
      <level label="ii">
        <text>Subject to subparagraph (i) of this paragraph, a member of the Maryland National Guard or of a reserve component of the armed forces of the United States who has not been activated under Title 10 of the United States Code, shall receive service credit at the rate of 4 months for each full year of service with the Maryland National Guard or with a reserve component of the armed forces of the United States, not to exceed a total of 36 months.</text>
      </level>
      <level label="iii">
        <text>Subject to subparagraph (i) of this paragraph, an individual shall receive service credit at the rate of 4 months for each full year of attendance at a United States service academy, not to exceed a total of 16 months.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, the service credit for military service that an individual receives under this section shall be applied to the individual’s retirement allowance using the accrual rate in effect at the time the individual retires from a State system.</text>
    </level>
    <level label="2">
      <text>If an individual applies for military service credit on or after July 1, 2011, the service credit for military service that the individual receives under this section shall be applied to the individual’s retirement allowance using the accrual rate in effect at the time the individual submits an application for military service credit to the State Retirement Agency.</text>
    </level>
  </level>
  <level label="e">
    <text>An individual may not receive service credit under this section more than once.</text>
  </level>
</section>
