West Virginia Consolidated Public Retirement Board

Deputy Sheriff Retirement System ("DSRS")
Military Service Credit Guidelines
WV Code §7-14D-27
Revised July 2005

MILITARY SERVICE CREDIT - Maximum 5 years

Military Service Prior to Employment (no member contributions required)
Any member who has previously served on active military duty is entitled to receive additional years of service credit for the purpose of determining his or her years of credited service for a period equal to the active military service, not to exceed five years, subject to the following:

That the member has been honorably discharged from the armed forces;
That the member provides appropriate documentation of active military service (DD-214); and
That the member is receiving no benefits from any other retirement system for his or her active military duty.

Military Service During Covered Employment (no member contributions required)
Any member who while in covered employment was commissioned, enlisted or inducted into the armed forces of the United States or, being a member of the reserve officers' corps, was called to active duty in the armed forces during the periods listed below, or during any other period of armed conflict* by the United States, is entitled to receive credited service for a period equal to the time served in active duty subject to the following:

That the member has been honorably discharged from the armed forces;
That within 90 days after honorable discharge from the armed forces, the member presented himself or herself to the county commission and offered to resume service as a deputy sheriff; and
That the member has made no voluntary act to extend or participate in extension of the period of service with the armed forces beyond the period of service for which the member was originally called.

*See plan statutes or official armed conflict period dates.

World War II	09/01/1940 - close of hostilities in WWII
Korean Conflict	06/27/1950 - 07/27/1953
Vietnam Era	08/01/1964 - close of armed conflict in Vietnam

-Military service prior to employment may NOT be used to meet initial retirement eligibility.
-Service credit received for active military duty prior to employment is used in determining benefits only and is not a substitute for years of service in covered employment as a deputy sheriff.
-This service will appear at the bottom of a members statement next to the Military Service heading.

Note: Military service that is eligible to be "free" may also be eligible under USERRA military service. The member must determine if “purchased” USERRA service will help them meet initial retirement criteria to decide which service (free or purchased) to use first.

USERRA - MILITARY SERVICE CREDIT- Maximum 5 years
(Purchased USERRA military service can be in addition to 5 years "free" military service)

Military Service Called to Active Duty During Employment (member contributions are required)
Any member who is called to active duty while employed with a participating agency and returned to work with the same employer after the call up period has expired, may purchase military service consistent with the provisions of federal USERRA (Uniformed Services Employment and Reemployment Rights Act of 1994) regulations. Receipt of credited service for active duty served during these or any other periods of armed conflict by the United States is subject to the following:

That the member has been honorably discharged from the armed forces;
That within 90 days after honorable discharge from the armed forces, the member presented himself or herself to the county commission and offered to resume service as a deputy sheriff;
That the member has made no voluntary act to extend or participate in extension of the period of service with the armed forces beyond the period of service for which the member was originally called; and
That repayment of employee contributions can be made over three times the period of military service, but no longer than five years.

How does the member purchase this military service?

The Consolidated Public Retirement Board will verify with the county commission the amount the member would have earned had he or she remained continuously employed during the period of service in question.
The member must pay the employee contributions on this amount and the employer must pay the employer contributions on this amount.
No interest will be charged on either the employee or employer contributions.

Pursuant to §4318(a)(2)(B) of the USERRA Act, each period of military duty served by a contributing member of DSRS....... "shall be deemed to constitute service........for the purpose of determining the accrual of benefits under the plan."

-Military service purchased under the provisions of the USERRA Act may be used to meet initial retirement criteria.
-Purchased USERRA military service will appear in the body of the members statement coded as Military Service (MS).
-Any service credit allowed for military duty during covered employment may be credited one time only for each deputy sheriff regardless of changes in job title or responsibilities.

Note: Information contained in this guideline illustrates the CPRB's understanding of the current provisions of the federal USERRA Code, the West Virginia Code and any applicable case law as it applies to the DSRS. This guideline is for general guidance purposes only. In the event there is a discrepancy between information contained in this guideline and the federal USERRA Code, the WV State Code and Rules or any applicable case law, the language in the Code and Rules and case law shall prevail.