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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