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1993 Connecticut Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagct0012 and id is 1 raw text is: 1993 Formal Opinion, Attorney General of Connecticut Attorney General's Opinion Attorney General, Richard Blumenthal Steven J. Weinberger, Director State Employees' Retirement Commission Office of the State Comptroller 55 Elm Street Hartford, CT 06106 Dear Mr. Weinberger: This is in response to your letter of October 19, 1992 in which you relate that the State Employees' Retirement Commission's Subcommittee on Purchase of Service and Related Matters has requested an opinion from this office on the entitlement of Tier I hazardous duty members to obtain retirement credit for a leave of absence for service in the armed forces during peacetime, pursuant to the Veterans' Reemployment Rights Act. Conn. Gen. Stat. e 5-173(c) provides, in part: Any person who, while so employed, was granted military leave to enter the armed forces, as defined by section 27-103, and who, upon his discharge and within ninety days, returned to such service, shall be granted retirement credit for any period of service in time of war, as defined by said section, and for military service during a national emergency declared by the President of the United States on and after September 1, 1939, toward the required minimum of twenty years service... . 38 U.S.C. e 2021(a) of the Veterans' Reemployment Rights Act provides, with limited exceptions, that a person who leaves a position in the employ of any employer for service in the Armed Forces of the United States and is honorably discharged, and makes application for reemployment within ninety days of discharge from military service shall be restored to that position or a position of like seniority, status, and pay. 38 U.S.C. e 2021(b)(1)(A) of the Veterans' Reemployment Rights Act sets forth the seniority and benefit rights of those reemployed under the Act and provides: Any person who is restored to or employed in a position in accordance with the provisions of ... subsection (a) of this section shall be considered as having been on furlough or leave of absence during such person's period of training and service in the Armed Forces, shall be so restored or reemployed without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in time such person was inducted into such forces, and shall not be discharged from such position without cause within one year after such restoration or reemployment. The Act does not distinguish between peacetime and 1993-001 Page 1 of 4

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