# COMAR Title 22 — State Retirement and Pension System

## Subtitle 05 — Service Credit

### Chapter 04 — Military Service Credit

**Authority:** State Personnel and Pensions Article, §§21-110, 38-103, and 38-104, Annotated Code of Maryland

**Administrative History:** Effective date: July 4, 2005 (32:13 Md. R. 1117)

#### Regulation .01 Scope.

*COMAR 22.05.04.01*

This chapter applies to a member of a State system who is seeking to receive service credit for military service in accordance with State Personnel and Pensions Article, §38-103 or 38-104, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 22.05.04.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) Member.

    (a) “Member” means an individual:

      (i) For whom membership in a State system is a condition of employment; or

      (ii) For whom membership in a State system is optional and who has elected to become a member of that State system.

    (b) “Member” does not include a former member or retiree.

  (2) “Military service” has the meaning stated in State Personnel and Pensions Article, §38-101(d), Annotated Code of Maryland.

  (3) “State system” has the meaning stated in State Personnel and Pensions Article, §38-101(g), Annotated Code of Maryland.

#### Regulation .03 Claiming Credit for Military Service that Interrupts Membership.

*COMAR 22.05.04.03*

In order to claim credit for military service pursuant to State Personnel and Pensions Article, §38-103, Annotated Code of Maryland, an eligible member of a State system shall submit a completed application in the form that the State Retirement Agency provides, along with all documentation required by the State Retirement Agency.

#### Regulation .04 Claiming Credit for Prior Military Service

*COMAR 22.05.04.04*

A. In order to claim for military service pursuant to State Personnel and Pensions Article, §38-104, Annotated Code of Maryland, an eligible member of a State system shall submit a completed application in the form that the State Retirement Agency provides, along with all documentation required by the State Retirement Agency.

B. The State Retirement Agency may not accept an application to claim military service from a member until the member has attained at least 10 years of creditable service in a State system.