§ 36-5-8 - State employment tenure for disabled veterans.
SECTION 36-5-8
§ 36-5-8 State employment tenure fordisabled veterans. – (a) Any person who is an honorably discharged veteran of the armed forces ofthe United States of America and is also receiving a disability pension fromthe United States government for a service connected disability and hascompleted ten (10) years or more not necessarily consecutive, of servicecredit, those credits having been earned in either the classified,nonclassified or unclassified service of the state or a combination of both,shall be deemed to have acquired full status in the position he or she holds atthe time of obtaining ten (10) years of service credit. For any other positionhe or she may hold subsequent to the obtaining ten (10) years of servicecredit, the person, subject to a then existing list, shall be deemed to haveacquired full status in the subsequent position and shall be protected by theprovisions of this chapter; provided, however:
(1) That military service not to exceed four (4) years ofactive service shall constitute service credit within the meaning of thissection;
(2) That in case of layoff or the abolition of a positionthrough reorganization or otherwise, any person in that position or subject tolayoff, who has full status, otherwise qualified under this section, shall beretained within the state services in a position of similar grade;
(3) That this section shall not apply to employees of thestate government whose method of appointment, salary, and term of office isspecified by statute;
(4) That all employees otherwise qualified under this sectionshall be subject to all of the provisions of dismissal and appeal as elsewheredescribed in this chapter.
(b) "Veteran" is defined herein as any man or woman who hasbeen engaged heretofore, is now or may hereafter be engaged in the activeservice of the armed forces of the United States with a minimum of ninety (90)days of active duty time served during any declared war, undeclared war, Koreancampaign, conflict in Vietnam or any war, campaign, or conflict which the armedforces of the United States of America actively engages in.
(c) This section shall not apply to those employees whosebase entry date is after August 7, 1996.