# COMAR Title 22 — State Retirement and Pension System

## Subtitle 05 — Service Credit

### Chapter 02 — Creditable Service

**Authority:** State Personnel and Pensions Article, §21-110, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 1996 (22:26 Md. R. 2031)

**Administrative History:** Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996Refer to the old version of Title 22 or contact the Maryland State Archives for assistance.

**Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective December 12, 2002 (29:24 Md. R. 1920)

#### Regulation .01 10-Month Employees.

*COMAR 22.05.02.01*

A. This regulation applies only to an individual who:

  (1) Is employed by:

    (a) A county board of education;

    (b) The Board of School Commissioners for Baltimore City;

    (c) The State; or

    (d) A participating governmental unit; and

  (2) Works in an ancillary educational program on a 10-month school year basis instead of a 12-month calendar year basis.

B. Subject to §C of this regulation, at retirement or on receipt of a vested allowance, a member or former member of the Employees' Pension System, Employees' Retirement System, Teachers' Pension System, or Teachers' Retirement System shall receive 1 year of creditable service for each year that the member or former member worked on a 10-month school year basis.

C. At retirement or on receipt of a vested allowance, the creditable service of a member or former member shall be pro-rated if the member or former member:

  (1) Participated in the Employees' Pension System or the Teachers' Pension System; and

  (2) Worked less than the minimum number of hours to be completed by a full-time employee serving in the member's position.

#### Regulation .02 Retroactive Credit.

*COMAR 22.05.02.02*

A. The Secretary to the Board of Trustees may approve retroactive payments by a member of a State system, if, in the secretary's discretion, the request is justified.

B. The Secretary to the Board of Trustees shall report a denial of a member's request to the Board of Trustees for review.