Military Service Relief Act amendments.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0018

ENROLLED ACT NO. 15, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to military service member protections; providing that state employees' military leave of absence applies to active duty service; specifying that employees of community colleges receive employment protections; amending definitions; extending reinstatement rights and state retirement credits, as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 19
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103(a)(ix), 19
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108(a) and (c)(v), 19
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112(b) and 19
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115(c) are amended to read:

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103.

Definitions.

(a)

As used in this article, unless the context clearly requires otherwise:

(ix)

"Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes
active duty,
active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty and
state active duty
active state service
by members of the national guard who are activated pursuant to a call of the governor as provided for by law;

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108.

Leave of absence for state, city or county officers and employees; training programs.

(a)

Any member of the Wyoming national guard or United States military forces reserve who is an officer or employee of this state or any political subdivision, municipal corporation or any public agency or entity of the state,
including community colleges,
shall be given a military leave of absence with pay at the regular salary or wage which the employee normally receives, not to exceed fifteen (15) calendar days in any one (1) calendar year to
attend duly authorized encampments, training cruises and similar training programs
perform service in the uniformed services
in addition to any other leave or vacation time to which the person is otherwise entitled.

(c)

Upon completion of service as provided by subsection (b) of this section, the officer or employee shall be reinstated to the public position held at the time of entry into service or a position of like seniority, status and pay, if available, upon the following conditions:

(v)

The military service does not exceed
four (4)
five (5)
years plus any period of additional service imposed by law.

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112.

Retirement credit.

(b)

No employee shall receive more than a total of
four (4)
five (5)
years of military service credit in the retirement system, pension fund or employee benefit plan applicable to his employment credited under this section.

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115.

State retirement systems; payment of contributions; interest.

(c)

All employee contributions and interest due thereon made in payment for service in the uniformed services credit in accordance with subsection (a) of this section must be received by the system within
four (4)
five (5)
years of his reemployment.

Section 2.

This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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