Title 47, Chapter 1, Section 62
( 47-1-62)
(a) Any qualified returning veteran desiring to establish creditable
service for a period of qualified service shall so notify the board
of trustees of the public retirement system or fund not later than
six months from the date he or she resumes employment. The board of
trustees shall calculate the amount of employee or member
contribution which the returning veteran would have paid if he or
she had been a member of the system or fund during the period of
qualified service. If such contribution is based on the member's
salary, the returning veteran's salary shall be deemed to be the
rate the member would have received but for the period of qualified
service or, if determination of such rate is not reasonably certain,
the member's average rate of compensation during the 12 month period
immediately preceding the period of qualified service or such lesser
time as the member was employed. The returning veteran shall repay
the amount so calculated as his or her employee or member
contribution, which payment must be completed not later than three
times the length of qualified service or five years, whichever
period is shorter, computed from the date the returning veteran
resumes employment. The board of trustees of any public retirement
system may provide by rule for computing the amount of creditable
service on payment of less than the total amount of employee
contributions. (b)(1) At the time a qualified returning veteran applies for creditable service as provided in Code Section 47-1-61, the board of trustees of the public retirement system or fund shall compute the actuarial value of the creditable service to be granted. (2) The board of trustees of a retirement system or fund which
requires employer contributions shall notify the employer of the
returning veteran of the actuarial value, less the amount of
employee contribution. The employer shall pay such amount to the
retirement system over the same period of time allowed for the
returning veteran to pay the employee contributions; provided,
however, that an employer shall not be required to make any
payment until the fiscal year following the year such notice is
given. (3) If the actuary employed by a retirement system or fund created
by this title which does not require an employer contribution
certifies that the system or fund cannot provide the creditable
service requested by one or more returning veterans and retain its
actuarial soundness, no discretionary benefit increases shall be
granted, and the board of trustees of such system or fund shall
notify the Governor and chairpersons of the Senate and House
Committees on Retirement, providing a full explanation of the
amount of funds necessary to return the system or fund to
actuarial soundness. |