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1975 Maine Attorney General Reports and Opinions 1 (1975)
Letter to Capt. Robert Hayden

handle is hein.sag/sagme9003 and id is 1 raw text is: January 1, 1975 Capt. Robert. Hayden, Staff Aide Maine State Police Charles R. Larouche,, Assistant Attorney General Consideration of Military-Service Credit under 5 MRSA § 1094 for 20 years service as State Police This replies to your memo of December 18, 1974, concerning this subject, I, understand your question to be whether or not the military service credit allowable under 5 M.R.S.A. § 1094 may be considered for the purpose of computing the requisite period of 20 years of creditable service as a State Police Officer, for the purpose of retirement under 5 M.R.S.A. § 1121, sub-§ IC. The answer to that quation is negative. 5 M.R.S.A. §.1094, sub-§ 13, provides: 13. Military service credit. Anything to the contrary notwithstanding, military service shall be credited to all state employees who are unable to otherwise qualify for military service credits. It is clear from this that all persons, including State Police, WJ'-are unable to otherwise qualify for military service credits, i.e., under 5 4.R.S.A. 5 1091, sub-§ 6, are entitled to military service credit under 5 M.R.S.A. S 1094, su>-§ 13. However, 5 M.R.S.A. § 1121, sub-§ 10 provides: S . .Except that military service credits as allowed under section 1094 shall not be considered as part of the creditable service necessary for the 20 years service as a state police officer, but that any military service creditable under section 1091 shall be consid- ered to be part of the creditable service nec- essary for the 20 years as a state police officer provided that he was a state police officer at the time of entrance into said military service and upon separation from military service again became a state police officer. . . . Accordingly, while a State Police Officer is entitled to the military service credit allowable under § 1094, that particular credit can not be considered in computing the required minimum 20-year period

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