AGO 1993-003.

• Court: Connecticut

Connecticut Attorney General Opinions 1993. AGO 1993-003. 1993Opinion No. 1993-003John R. ShearsAdministratorState Teachers' Retirement Board165 Capitol AvenueHartford, CT 06106 Dear Mr. Shears: This is in response to your letter of September 11, 1992 in which you relate that the State Teachers' Retirement Board has requested an opinion of this office on the following question: Does the Veterans' Reemployment Rights Act preserve a right for persons covered by the Act to purchase retirement service credit in the State Teachers' Retirement System under the terms of the state law governing such purchases of service credit as were in effect when such persons were inducted into the Armed Forces? 38 U.S.C. e § 2021(a) of the Veterans' Reemployment Rights Act provides, with limited exceptions, that a person who leaves a position in the employ of any employer for service in the Armed Forces of the United States and is honorably discharged, and makes application for reemployment within ninety days of discharge from military service shall be restored to that position or a position of like seniority, status, and pay. 38 U.S.C. e § 2021(b)(1)(A) of the Veterans' Reemployment Rights Act sets forth the seniority and benefit rights of those reemployed under the Act and provides: Any person who is restored to or employed in a position in accordance with the provisions of ... subsection (a) of this section shall be considered as having been on furlough or leave of absence during such person's period of training and service in the Armed Forces, shall be so restored or reemployed without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was inducted into such forces, and shall not be discharged from such position without cause within one year after such restoration or reemployment. Subsection (b)(1)(A) requires that reemployment shall be without loss of seniority. Entitlement to insurance (except health insurance which is governed by subsection (b)(1)(B)) and benefits other than seniority based benefits is governed by the same rules and practices the employer uses for those on furloughs or leaves of absence. Seniority based benefits are not subject to the rules and practices of the employer relating to employees on furlough or leave of...