Chapter 304

2005 -- H 5670

Enacted 07/15/05

 

A N A C T

RELATING TO MILITARY SERVICE AND VETERANS

     

     Introduced By: Representative Peter F. Kilmartin

     Date Introduced: February 17, 2005

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 36-5-3 of the General Laws in Chapter 36-5 entitled "Military

Service and Veterans" is hereby amended to read as follows:

 

     36-5-3. Retirement or pension credit for period in military service. -- Whenever any

employee of the state, or of any city, town, or political subdivision thereof, has been, is now, or

shall be on a leave of absence from that employment because of service in the armed forces of the

United States of America during any war in which the United States has been, is now, or shall be

engaged, the leave of absence shall be construed as continuous employment for retirement

pension and prescribed rights or benefits in any established retirement system or pension fund by

whatever name called, as though the employee had not been on a leave of absence;. The

employee shall be entitled to all the rights, protections and privileges offered under the

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), Title 38

U.S. Code, Sections 4301 – 4333 (38 U.S.C. 4301 – 4333) as those sections apply to retirement or

pension benefits. provided, however, that the employee had been a state employee, or an

employee of any city, town, or other political subdivision thereof, as the case may be, for a

minimum of six (6) months immediately prior to his or her entry into the armed forces; provided,

further, that he or she has again become an employee within one year after his or her release or

unconditional discharge from military service for reasons other than dishonorable. The employer

of the employee shall contribute to the applicable retirement system or pension fund by whatever

name called, on behalf of the employee, the amounts normally required by the retirement system

or pension fund as the employee's and employer's contribution for the purposes thereof, or

provide other appropriate credits therein that would have accrued had the employee not been on

that leave of absence, at the same rate as if the employee had contributions or credits to cover the

entire period of leave of absence for service in the armed forces but in no event to extend beyond

a period of four (4) years maximum.

 

     SECTION 2. This act shall take effect upon passage.     

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LC02226

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