§5‑10‑15.
Military service credit; qualified military service.
(a) (1) The Legislature 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 military service credit upon persons who are eligible at any
time for public employees retirement benefits for any time served in active
duty in the Armed Forces of the United States. when the duty was during any
period of compulsory military service or during a period of armed conflict, as
defined in this section.
(2) In addition to any benefit provided by
federal law, any member of the retirement system who has previously served in
or enters the active service of the Armed Forces of the United States during
any period of compulsory military service or during a period of armed
conflict shall receive credited service for the time spent in the Armed
Forces of the United States, not to exceed five years if the member:
(A) Has been honorably discharged from the
Armed Forces; and
(B) Substantiates by appropriate
documentation or evidence his or her active military service. and entry into
military service during any period of compulsory military service or during
periods of armed conflict.
(3) Any member of the retirement system
who enters the active service of the Armed Forces of the United States during
any period of compulsory military service or during a period of armed conflict shall
receive the credit provided by this section regardless of whether he or she was
a public employee at the time of entering the military service.
(4) If a member of the Public Employees
Retirement System enters the active service of the United States and serves
during any period of compulsory military service or during any period of armed
conflict, during the period of the armed service and until the
member=s
return to the employ of a participating public employer, the member=s
contributions to the retirement system is suspended and any credit balance
remaining in the member=s deposit fund shall be
accumulated at regular interest: Provided, That notwithstanding any
provision in this article to the contrary, if an employee of a participating
political subdivision serving in the military service during any period of
compulsory military service or armed conflict has accumulated credited
service prior to the last entry into military service, in an amount that, added
to the time in active military service while an employee equals nine or more
years, and the member is unable to resume employment with a participating
employer upon completion of duty due to death during or as a result of active
service, all time spent in active military service, up to and including a total
of five years, is considered to be credited service and death benefits are
vested in the member. Provided, however, That the active
service during the time the member is an employee must be as a result of an
order or call to duty, and not as a result of volunteering for assignment or
volunteering to extend the time in service beyond the time required by order or
call.
(5) No member may receive duplicate credit
for service. for a period of compulsory military service which falls under a
period of armed conflict.
(6) In any case of doubt as to the period
of service to be credited a member under the provisions of this section, the
board of trustees have final power to determine the period.
(7) The Board may consider a petition by
any member whose tour of duty, in a territory that would reasonably be
considered hostile and dangerous, was extended beyond the period in which an
armed conflict was officially recognized, if that tour of duty commenced during
a period of armed conflict, and the member was assigned to duty stations within
the hostile territory throughout the period for which service credit is being
sought. The Board has the authority to evaluate the facts and circumstances
peculiar to the petition, and rule on whether granting service credit for the
extended tour of duty is consistent with the objectives of this article. In
that determination, the board may grant full credit for the period under
petition subject to the limitations otherwise applicable, or to grant credit
for any part of the period as the board considers appropriate, or to deny
credit altogether.
(8) (7) The Board of
Trustees may propose legislative rules for promulgation in accordance with the provisions
of article three, chapter twenty‑nine‑a of this code to administer
the provisions of this section.
(b) For purposes of this section, the
following definitions apply:
(1) APeriod
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 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) ASpanish‑American
War@ means the period beginning on
April 21, 1898, and ending on July 4, 1902, 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 April 21, 1998, and ending on July 15, 1903.
(3) AThe
Mexican border period@ means
the period beginning on May 9, 1916, and ending on April 5, 1917, in the case
of a veteran who during the period served in Mexico, on its borders or in the
waters adjacent to it.
(4) AWorld
War I@ means the period beginning on
April 6, 1917, and ending on November 11, 1918, and in the case of a veteran who
served with the United States Military forces in Russia, means the period
beginning on April 6, 1917, and ending on April 1, 1920.
(5) AWorld
War II@ means the period beginning on
December 7, 1941, and ending on December 31, 1946.
(6) AKorean
conflict@ means the period
beginning on June 27, 1950, and ending on January 31, 1955.
(7) AThe
Vietnam era@ means the period
beginning on the February 28, 1961, and ending on May 7, 1975, in the case of a
veteran who served in the Republic of Vietnam during that period; and August 5,
1964, and ending on May 7, 1975, in all other cases.
(8) APersian
Gulf War@ means the period
beginning on August 2, 1990, and ending on April 11, 1991.
(c) (b) Notwithstanding
the preceding provisions of this section, contributions, benefits and service
credit with respect to qualified military service shall be provided in
accordance with Section 414(u) of the Internal Revenue Code. For purposes of
this section, Aqualified military service@ has
the same meaning as in Section 414(u) of the Internal Revenue Code. No
military service credit may be used in more than one retirement system
administered by the Consolidated Public Retirement Board and once used in any system,
may not be used again in any other system. No military service credit may
be used if the member was, or has been, dishonorably discharged from the Armed
Forces of the United States. The board is authorized to determine all
questions and make all decisions relating to this section and, pursuant to the
authority granted to the board in section one, article ten‑d of this
chapter, may promulgate rules relating to contributions, benefits and service
credit to comply with Section 414(u) of the Internal Revenue Code.
NOTE: The purpose of this bill is to remove the requirement that
those who are eligible for public employees retirement benefits and who have
served in the Armed Forces of the United States must have served during a time
of armed conflict before, up to five years of that service may be credited to
those employees= years
of service for retirement benefits. The bill also prohibits any time from being
credited if that person was dishonorably discharged.
Strike‑throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be
added.
House
Bill 2415