§88-132.5  Credit for militaryservice.  (a)  Any employee who becomes a member of the system inaccordance with section 88-42 after June 17, 1996, and has rendered honorableactive military service in the armed forces of the United States, may becredited with membership service credit for active military service of up tofour years or the actual number of years of active military service, whicheveris less, as follows:

(1)  Any member with ten years of credited service inthe system may be credited with up to two years of membership service credit;

(2)  Any member with twenty years of credited servicein the system may be credited with up to three years of membership servicecredit; and

(3)  Any member with twenty-five years of creditedservice in the system may be credited with up to four years of membershipservice credit.

(b)  Any employee who became a member of thesystem in accordance with section 88-42 before June 18, 1996, and has renderedhonorable active military service in the armed forces of the United States, maybe credited with membership service credit for active military service of up tofour years or the actual number of years of active military service, whicheveris less, as follows:

(1)  Any member with eight years of credited servicein the system may be credited with up to two years of membership servicecredit;

(2)  Any member with twenty years of credited servicein the system may be credited with up to three years of membership servicecredit; and

(3)  Any member with twenty-five years of creditedservice in the system may be credited with up to four years of membershipservice credit.

(c)  Any retirant receiving a pension orretirement allowance under this chapter, who retired prior to July 2, 1989, whorendered honorable active military service in the armed forces of the UnitedStates and who had at least eight years of credited service in the system atretirement, shall be eligible for an increase in pension or retirementallowance for each year of military service up to four years, as follows:

(1)  A retirant with eight years of credited servicein the system at retirement may be certified with up to two years of militaryservice;

(2)  A retirant with twenty years of credited servicein the system at retirement may be certified with up to three years of militaryservice; and

(3)  A retirant with twenty-five years of creditedservice in the system at retirement may be certified with up to four years ofmilitary service.

Upon certification by the system, each year ofcertified military service shall provide an increase of $36 a month in theretirant's pension or retirement allowance effective July 1, 2001; providedthat the retirant claims the military service between July 1, 2001, and June30, 2002.  Military service certified under this subsection shall not beconsidered membership service credit nor shall it provide for any otherbenefits under this chapter.

(d)  For the purposes of subsections (a) and(b), the latest membership date shall be used if there is a change inmembership date due to termination and re-entry into the system.

(e)  Any retirant who returns to employment, isreenrolled as a member of the system, and has at least three years of creditedservice in the system during the period of reemployment may be credited withmembership service credit for active military service as provided in subsection(a) or (b); provided that membership service credit shall be based upon themember's total service and the service was not previously certified inaccordance with subsection (c).

(f)  Active military service in the militaryreserve or national guard is not considered active military service unless intime of war or declared national or state emergency.  Membership servicecreditable under this section shall be credited in accordance with sections88-59, 88-272, and 88-324.

(g)  A member's active military service shallbe considered service in the member's occupation at the time that service iscredited.  A class A or class B member's active military service shall bepurchased at the rate specified in section 88-45 and the retirement allowanceprovided by that service shall be calculated as provided in section 88-74.  Aclass C member's active military service shall be credited at no cost uponcertification by the system and the retirement allowance provided by thatservice shall be calculated as provided in section 88-282.  A class H member'sactive military service shall be purchased at the rate specified in section88-325, and the retirement allowance provided by that service shall becalculated as provided in section 88-332.

(h)  Any violation of this section shall resultin the forfeiture of the amount of the purchase of membership service and lossof benefits and membership service credit for military service. [L 1989, c 385,§1; am L 1990, c 141, §2; am L 1996, c 241, §1; am L 1997, c 136, §2; am L2001, c 284, §1; am L 2004, c 179, §16]

 

Attorney General Opinions

 

  Member of state employees' retirement system ordered toactive national guard duty during wartime may obtain military service credit. Att. Gen. Op. 91-04.

  Former employee, as a vested noncontributory planparticipant, was a member of ERS who was eligible to apply for and be creditedwith military service credit pursuant to this section (1994).  Att. Gen. Op.97-12.

  Section did not set a time by which a member must apply formilitary service credit.  Att. Gen. Op. 97-12.