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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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