(a) If a member shall have been absent from service as a uniformed officer because of service in the uniformed services of the United States and if he or she shall have returned to service as a uniformed officer having applied to return while his or her reemployment rights were protected by law, that absence shall not count as a break in service.
(b) If the member who returns to service as a uniformed officer in accordance with subsection (a) makes the contributions that would have been required by Section 45-49A-63.102 had he or she not been in the uniformed services, his or her period of service in the uniformed services shall be counted as service. The member may make those contributions at any time within a period beginning on his or her return to service as a uniformed officer which is equal to three times his or her period of service in the uniformed services, but not longer than five years. For purposes of determining the amount of the member's contributions that would have been required by Section 45-49A-63.102, a member’s salary during his or her period of service in the uniformed services shall be deemed to be the salary he or she would have received for that period had he or she remained employed as a uniformed officer or, if that salary is not reasonably certain, his or her average salary for the 12-month period immediately preceding his or her service in the uniformed services.
(c) For purposes of this section, the terms service in the uniformed services of the United States and uniformed services shall have the meanings given to those terms in Sections 4303(13) and 4303(16) of the Uniformed Services Employment and Reemployment Rights Act of 1994, respectively.
Last modified: May 3, 2021