§ 5-1-212. SAME—AMOUNT.

(a)

(1)

Creditable service at retirement on which the retirement allowance of a member shall be based shall consist of a membership service rendered by the member since the member last became a member, military service credited under § 5-1-206 of this subtitle, and if the member has a prior service certificate which is in full force and effect, the period of the service certified on the member's prior service certificate.

(2)

(i) Creditable service may not include:

1.

Except as provided in subparagraph (ii) of this paragraph, any time spent not in service in accordance with any arrangement known as a "sick leave bank" or any functional equivalent of a "sick leave bank";

2.

Any time spent not in service in accordance with any type of leave without pay or leave that is not authorized under Article 4, Title 8 of the Code for members subject to Article 4, Title 8 of the Code; or

3.

Any time spent not in service in accordance with any type of leave without pay or leave that is not similar to a leave authorized under Article 4, Title 8 of the Code for those members not otherwise subject to Article 4, Title 8 of the Code.

(ii)

Creditable service may include any time spent not in service in accordance with any arrangement known as a "sick leave bank" or any functional equivalent of a "sick leave bank" that is equal to the number of days that the employee has contributed to the sick leave bank.

(b)

(1)

Except as provided in paragraph (2) of this subsection, upon verification to the Board of Trustees, a member at the time of retirement shall receive membership service for unused sick leave in accordance with the formula that twenty-two (22) days of unused sick leave are equal to one (1) month of membership service. One (1) additional month of membership service shall be granted if fractional days totaling eleven (11) or more result from the application of this formula.

(2)

Upon verification to the Board of Trustees, an employee of the Fire Department who is a member, beginning January 1, 2015, an employee of the Police Department on pay schedule VII who is a member, and beginning on June 30, 2018, an employee on pay schedule I-E, at the time of retirement shall receive membership service for unused sick leave in accordance with the formula that sixteen (16) days of unused sick leave are equal to one (1) month of membership service. One (1) additional month of membership service shall be granted if fractional days totaling eight (8) or more result from the application of this formula.

(c)

Except as provided in subsection (d) of this section, sick leave membership service shall not be used to determine years of membership service required for the following:

(1)

Death benefit;

(2)

Ordinary disability;

(3)

Vesting of employer contributions;

(4)

Early retirement; and

(5)

Average final compensation.

(d)

Group 3 members who are also included in pay schedule VI of the classification and compensation plans shall be entitled to have unused sick leave considered to determine early retirement.

(e)

(1)

This subsection applies only to Group 3 members who must complete thirty (30) years of creditable service to qualify for retirement for service.

(2)

This subsection does not apply to a member who is a member in service in a "county agency" as defined in § 5-1-203(5) of this subtitle on the date of the member's retirement.

(3)

Group 3 members shall be entitled to have unused sick leave to determine the thirty (30) years of creditable service requirement.

(1988 Code, § 23-47) (Bill No. 124, 1990, § 2, 7-1-1990; Bill No. 38-99, § 1, 7-1-1999; Bill No. 32-03, § 1, 6-30-2002, 7-1-2004; Bill No. 57-05, § 1, 7-1-2005; Bill No. 30-10, § 2, 7-1-2010; Bill No. 28-13, § 3, 6-5-2013; Bill No. 78-18 , § 2, 11-18-2018)