West Virginia Consolidated Public Retirement Board

Teachers Retirement System (TRS)
Military Service Credit Guidelines
WV Code § 18-7A-17(b)

MILITARY SERVICE CREDIT
NO member contributions required

Any member of the Teachers Retirement System who serviced in the armed forces of the United States in any period in which a federal Selective Service Act was in effect shall receive military service credit, provided:

That the member was honorably discharged from the armed forces;
That the member provide appropriate documentation of military service (DD214); and
That the member is receiving no benefits from any other retirement system for his or her military service
§ 162-4-4.9.5.

A maximum of 10 years of service will be credited to a member's account. Military service credit cannot exceed 25% of the Teachers Retirement System Service. 28 days in the armed services is considered one month of service as a "Teacher" 162-4-4.9.2.

Applicable military service will be credited to a member's account upon retirement.

Compulsory Period:

09-16-1940 through 07-01-1973
The compulsory period is the period of time in which the Federal Selective Services Act (Draft) was in effect.

USERRA - MILITARY SERVICE CREDIT
Contributions ARE Required - Maximum 5 years

Any member who has forfeited retirement service credit for time absent from work while serving in an active duty capacity for the U.S. Armed Forces may purchase retirement service credit pursuant to the provisions of
§ 4318 (a)(2)(B) of the federal USERRA (Uniformed Services Employment and Re-employment Rights Act of 1994) regulations, provided:

That the member was called to or went voluntarily to active duty during time employed by a participating agency and returned to work for the same employer upon discharge from active duty;
That the member was honorably discharged from the armed forces;
That the member provides appropriate documentation of his or her active duty military service (DD214); 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 membe was originally called.

The employee is responsible for paying the employee contributions on the gross salary he or she would have earned had they remained continuously employed, and the employer is responsible for paying the employer contributions.

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 Public Employees Retirement System. 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.