NOTE: The distribution of military service credit is governed by both state and federal laws. The laws described here are federal laws which take precedence over state law. State law is applied only in those instances in which a member completed military service prior to December 4, 1974, or cannot meet federal requirements.
Interruptive military service credit is service credit available to those who interrupt their membership with the Public Employees’ Retirement System Plan 1 (PERS 1) to serve in the United States Armed Forces. If you are an eligible PERS 1 member you can receive credit for your interruptive military service. No payments are required.
To receive interruptive military service credit under federal law, you must:
Effective July 24, 2005, a member who becomes totally incapacitated for continued employment as a result of service in the uniformed services of the United States, or the surviving spouse* or eligible children of a member who dies while serving in the uniformed services of the United States may apply for interruptive military service credit. Contact DRS for more information.
*Civil Marriage law allows same-sex couples to marry and entitles all spouses, (regardless of gender) to equal rights in PERS Plan 1. Beginning January 1, 2014, state-registered domestic partners will have the same survivor and death benefits as married spouses.
Most types of military service qualify members to receive military service credit. They include:
The maximum amount of service credit you can receive is determined primarily by the date on which you completed military service.
If you completed military service on or after October 6, 1994: Federal law provides for a maximum of five years of interruptive military service credit. Interruptive military service credit and non-interruptive military service credit can be combined to achieve the five-year maximum.
If you completed military service on or after December 4, 1974, but before October 6, 1994: The maximum amount of military service credit you can receive depends upon the type of military service rendered.
Federal law provides exceptions that allow those who have served more than the maximum years of service stated above to receive additional service credit. Contact your retirement benefit specialist for further information.
If you are unable to meet the federal requirements for returning to employment listed in this brochure, but can meet state requirements, you will receive credit subject to the state maximums.
Members who completed their military service on or before December 3, 1974, will also be subject to state maximums.
The time limits within which you must initiate reemployment after completing military service depend on several factors, including the date on which the member completes military service.
If you completed military service on or after October 6, 1994:
If you completed military service on or after December 4, 1974, but before October 6, 1994:
If you cannot meet the federal requirements for initiating reemployment listed above or if you completed your military service on or before December 3, 1974 you may still qualify to receive military service credit under state law. Contact your retirement benefit specialist for further information.
To find out if you are eligible to receive interruptive service credit, send your request for a determination along with documentation of your military service, such as a DD214 form to your retirement system for review.
If you have questions: contact DRS