38-492. Preferences
A. A veteran of the armed forces of the United States who is separated from the
armed forces under honorable conditions following more than six months of active duty and
who takes an examination for employment by the state or any political subdivision under a
merit system of employment as provided by section 38-491 shall, in the determination of
the veteran's final rating on such examination, be given a preference of five points over
persons other than veterans. The preference shall be added to the grade earned by such
veteran, but only if such veteran earns a passing grade without preference.
B. A disabled person who takes an examination for employment by the state or any
political subdivision under a merit system of employment shall, in the determination of
the disabled person's final rating on such examination, be given a preference of five
points. The preference shall be added to the grade earned by the disabled person but
only if such person earns a passing grade without preference. For the purposes of this
subsection, "disabled person" means an individual who has a physical or mental impairment
that substantially limits one or more major life activities of the individual or who has
a record of such an impairment or is regarded as having such an impairment.
C. A person qualified for a preference pursuant to subsections A and B of this
section shall be given a ten point preference.
D. A spouse or surviving spouse of any of the following, otherwise qualified
pursuant to subsection A of this section, shall be given a five point preference as if
the spouse or surviving spouse were an eligible veteran pursuant to subsection A of this
section:
1. Any veteran who died of a service-connected disability.
2. Any member of the armed forces who is serving on active duty and who, at the
time of application, is listed by the secretary of defense of the United States in any of
the following categories for not less than ninety days:
(a) Missing in action.
(b) Captured in the line of duty by a hostile force.
(c) Forcibly detained or interned in the line of duty by a foreign government or
power.
3. A person who has a total, permanent disability resulting from a
service-connected disability or any person who died while the disability was in
existence.
E. An honorably separated veteran who served on active duty in the armed forces at
any time and who has a service-connected disability or is receiving compensation or
disability retirement benefits under laws administered by the veterans administration,
army, navy, air force, coast guard or United States public health service shall be given
a ten point preference pursuant to this section.
F. If a person is eligible for a preference pursuant to this section and the person
applies for employment with the state or any political subdivision under a merit system
of employment as provided by section 38-491 in which applicants are assessed and
evaluated but scores are not given, preference shall be given by granting applicable
preference codes to qualified applicants.
G. No person eligible for a preference pursuant to this section shall be allowed
more than a ten point preference.
H. If a department, division or agency of the state or any political subdivision is
operated under a merit system prescribed by the federal government or a department,
division or agency of the federal government, the provisions of that system, including
preferences, prevail.
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