West Virginia Consolidated Public Retirement Board

West Virginia State Police Death, Disability Retirement System ("Plan A")
&
West Virginia State Police Retirement System ("Plan B")
Military Service Credit Guidelines
WV Code §15-2-28 and §15-2A-19
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 shall be entitled to receive service credit on the minimum period of service required by law for retirement pay from the service of the department of public safety for a period equal to the active military service, not to exceed five years, subject to the following:

The member has been honorably discharged from the armed forces;
The member provides appropriate documentation of active military service (DD-214);
The member is receiving no benefits from any other retirement system for his or her active military duty; and
The member has actually served with the department for twenty years exclusive of his or her active military duty. (Member must have 20 years to receive military service credit)

Military Service During Covered Employment (no member contributions required)
Any person who while a member of the department 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 said armed forces . . . . during any period of armed conflict* by the United States whether sanctioned by a declaration of war by the congress or by executive or other order of the president, shall be entitled to and receive credit on the minimum period of service required by law 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 superintendent and offered to resume service as an active member of the department; 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.

-Service credit received "free" for active military duty is used in determining benefits only and is not a substitute for years of service. (Exception: Plan A members with 20 years of service may use military service to meet 25 year requirement)
-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. In this instance, determine if "purchased" USERRA service will help member meet initial retirement criteria to decide which service to use up 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 state 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 the federal USERRA (Uniformed Services Employment and Re-employment Rights Act of 1994) regulations. Receipt of credited service for active duty served 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 superintendent and offered to resume service as an active member of the department;
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 department 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 West Virginia State Police....... "shall be deemed to constitute service........for the purpose of determining the accrual and 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).

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 West Virginia State Police ("Plan A" and "Plan B"). 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.