A BILL to amend and reenact section fifteen, article ten, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to public employees retirement; granting service credit for persons in active service of the armed forces of the United States during periods of armed conflict; establishing legislative intent; listing requirements needed to qualify for credit; defining terms and authorizing rules.

§5-10-15. Military service credit.

(a) The Legislature hereby recognizes the men and women of this state who have served in the armed forces of the United States during times of war, conflict and danger. It is the intent of this section to confer upon persons who are eligible at any time for public employees retirement benefits military service credits for any time served in active duty in the armed forces of the United States when such duty was during periods of armed conflict.
(b) In addition to any benefit provided by federal law,

:
(1) Has been honorably discharged from the armed forces;
(2) Substantiates by appropriate documentation or evidence his or her active military duty during periods of armed conflict; and
(3) P

(e) For purposes of this section, the following definitions shall apply:
(1) "Period of armed conflict" means the Spanish-American War, the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, periods during which a federal selective services act is in effect and military service is compulsory, and any other period of armed conflict by the United States, including, but not limited to, those periods sanctioned by a declaration of war by the United States Congress or by executive or other order of the president.
(2) "Spanish-American War" means the period beginning on the twenty-first day of April, one thousand eight hundred ninety- eight, and ending on the fourth day of July, one thousand nine hundred two, and includes the Philippine Insurrection, the Boxer Rebellion, and, in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on the twenty-first day of April, one thousand eight hundred ninety-eight, and ending on the fifteenth day of July, one thousand nine hundred three.
(3) "The Mexican border period" means the period beginning on the ninth day of May, one thousand nine hundred sixteen, and ending on the fifth day of April, one thousand nine hundred seventeen, in the case of a veteran who during such period served in Mexico, on the borders thereof or in the waters adjacent thereto.
(4) "World War I" means the period beginning on the sixth day of April, one thousand nine hundred seventeen, and ending on the eleventh day of November, one thousand nine hundred eighteen, and, in the case of a veteran who served with the United States military forces in Russia, means the period beginning on the sixth day of April, one thousand nine hundred seventeen, and ending on the first day of April, one thousand nine hundred twenty,
(5) "World War II" means the period beginning on the seventh day of December, one thousand nine hundred forty-one, and ending on the thirty-first day of December, one thousand nine hundred forty-six.
(6) "Korean conflict" means the period beginning on the twenty-seventh day of June, one thousand nine hundred fifty, and ending on the thirty-first day of January, one thousand nine hundred fifty-five.
(7) "The Vietnam era" means the period beginning on the twenty-eighth day of February, one thousand nine hundred sixty- one, and ending on the seventh day of May, one thousand nine hundred seventy-five, in the case of a veteran who served in the Republic of Vietnam during that period; and the fifth day of August, one thousand nine hundred sixty-four, and ending on the seventh day of May, one thousand nine hundred seventy-five, in all other cases.

(8) "Persian Gulf War" means the period beginning on the second day of August, one thousand nine hundred ninety and ending on the date thereafter prescribed by presidential proclamation or law.