2012 -- H 7772

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LC01630

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES TENURE FOR DISABLED

VETERANS

     Introduced By: Representative John M. Carnevale

     Date Introduced: February 16, 2012

     Referred To: House Veterans` Affairs

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 36-5-8 of the General Laws in Chapter 36-5 entitled "Military

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

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     36-5-8. State employment tenure for disabled veterans. -- (a) Any person who is an

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honorably discharged veteran of the armed forces of the United States of America and is also

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receiving a disability pension from the United States government for a service connected

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disability and has completed ten (10) years or more not necessarily consecutive, of service credit,

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those credits having been earned in either the classified, nonclassified or unclassified service of

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the state or a combination of both, shall be deemed to have acquired full status in the position he

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or she holds at the time of obtaining ten (10) years of service credit. For any other position he or

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she may hold subsequent to the obtaining ten (10) years of service credit, the person, subject to a

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then existing list, shall be deemed to have acquired full status in the subsequent position and shall

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be protected by the provisions of this chapter; provided, however:

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      (1) That military service not to exceed four (4) years of active service shall constitute

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service credit within the meaning of this section;

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      (2) That in case of layoff or the abolition of a position through reorganization or

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otherwise, any person in that position or subject to layoff, who has full status, otherwise qualified

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under this section, shall be retained within the state services in a position of similar grade;

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      (3) That this section shall not apply to employees of the state government whose method

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of appointment, salary, and term of office is specified by statute;

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      (4) That all employees otherwise qualified under this section shall be subject to all of the

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provisions of dismissal and appeal as elsewhere described in this chapter.

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      (b) "Veteran" is defined herein as any man or woman who has been engaged heretofore,

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is now or may hereafter be engaged in the active service of the armed forces of the United States

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with a minimum of ninety (90) days of active duty time served during any declared war,

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undeclared war, Korean campaign, conflict in Vietnam or any war, campaign, or conflict which

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the armed forces of the United States of America actively engages in.

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      (c) This section shall not apply to all those employees irrespective of whose base entry

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date. is after August 7, 1996.

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     SECTION 2. This act shall take effect upon passage.

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LC01630

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES TENURE FOR DISABLED

VETERANS

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     This act would extend to all disabled veterans the right to apply for full status in state

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service after 10 years.

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     This act would take effect upon passage.

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LC01630

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