Sec. 5-180. Military service.
Sec. 5-180. Military service. (a) The war service before September 1, 1939, of a
veteran, as defined in section 27-103 and subdivision (29) of section 5-196, shall be
counted as state service if the member began to make his retirement contributions before
September 1, 1941, and made retirement contributions on all salary received by him
from September 1, 1939, until his retirement date.
(b) The war service before September 1, 1939, of a veteran who became a member
after September 1, 1939, and the war service or military service during a national emergency declared by the President of the United States on and after September 1, 1939,
of a veteran who became a member at any time, shall be counted as state service if the
member makes retirement contributions for each month of war service as defined by
section 27-103 and subdivision (29) of section 5-196 or for each month of such service
during a national emergency, as the case may be. Any veteran who becomes a member
on or after July 1, 1975, shall not receive credit for such war or military service if such
member has received or is entitled to receive any retirement allowance for the same
years of such service from the federal government. Any veteran who is a member and
who has not made application for such credit prior to July 1, 1975, shall not receive
credit for such service if such member has received or is entitled to receive any retirement
allowance for the same years of such service from the federal government unless such
member makes application for such credit to the Retirement Commission on or before
October 1, 1975, and makes retirement contributions for each month of such service in
accordance with the provisions of this subsection. The Comptroller of the state may
notify each employee of this provision on or before September 1, 1975. Such contributions shall equal one-twelfth of four per cent of his first year's salary as a state employee
multiplied by the total number of months of such war service or national emergency
service and, if such employee became a member after April 1, 1958, shall be accompanied by interest at four per cent per year from the time such war service was rendered
or from September 1, 1939, whichever is later, until the date of payment or January 1,
1962, whichever is earlier. Such contributions may be paid by payroll deductions as
determined by the Retirement Commission over a period not to exceed thirty-six months,
interest thereon to be paid not later than the last day of the month following the payment
of the last of such deductions. Service credit for retirement purposes shall not be granted
unless payment of contributions and interest is completed. No credit shall be given
hereunder for military service during a national emergency to any state employee who
has served less than ten years as a permanent full-time state employee, nor for any such
military service beyond a total period of his compulsory service, if any, plus three years.
(c) A member who leaves state service for the sole purpose of entering the armed
forces of the United States may make his retirement contributions while in the armed
forces in the monthly amount he was making immediately before he left state service.
Such contributions shall be deducted from any salary payable to the member during his
absence. Alternately, if no salary was payable to him, he may make such contributions
after his return to state service, with interest thereon at five per cent per year from a date
six months after he left the armed forces, provided he shall make application for return
to state service within ninety days after he has received a certificate for satisfactory
service from the armed forces. No contributions may be made, however, at any time for
service in the armed forces beyond a total period of his compulsory service therein, if
any, plus three years.
(1949 Rev., S. 387, 397; 1949, S. 161d; 1953, S. 163d; 1957, P.A. 163, S. 5; 349; 509, S. 1; 588, S. 2; 595, S. 6; 1958
Rev., S. 5-109, 5-119, 5-122; 1961, P.A. 234, S. 29; 317; 393, S. 3; 1963, P.A. 454; 566; February, 1965, P.A. 208; 1971,
P.A. 126, S. 2; P.A. 75-340, S. 1, 2; P.A. 78-331, S. 43, 58; P.A. 82-472, S. 9, 183; P.A. 96-168, S. 23, 34.)
History: 1961 acts "restated" state employees retirement act "in a simpler, clearer and more orderly form", amended
Subsec. (b) to provide as cutoff date for payment of interest "the date of payment or January 1, 1962, whichever is earlier"
and provided for the application of the definition of veteran in Sec. 5-29a rather than that in Sec. 27-103; 1963 acts amended
Subsec. (b) to allow credit for service in a national emergency and provided interest be chargeable only to those becoming
members after October 1, 1957; 1965 act amended Subsec. (b) to add references to contributions for military service during
a national emergency, to change date after which interest becomes payable on contributions from October 1, 1957, to April
1, 1958, and to add conditions under which credit is not given for military service; 1971 act, in Subsec. (b), replaced twelve
installments with payroll deduction system adopted by retirement commission, provided that credit be given only after
completion of payments and changed reference for definition of war service from Sec. 5-29a to Sec. 27-103 and Sec. 5-196(aa); P.A. 75-340 introduced provisions governing retirement credit for veterans received from both federal and state
government, i.e. "double-dipping"; P.A. 78-331 replaced reference to Sec. 5-196(aa) with Subsec. "(bb)" in Subsec. (b)
of section; P.A. 82-472 corrected reference to sections containing definition of veteran; P.A. 96-168 amended Subsecs.
(a) and (b) to change the reference to "subsection (bb)" to "subdivision (29)", effective July 1, 1996.
See Sec. 5-196(29) for definition of "veteran".
Cited. 138 C. 445. Cited. 234 C. 424.