Browse Arkansas Code titles and sections
24-11-436. Military service.
Arkansas Code — all titles (historical 2020) · legal_authorities
24-11-436. Military service.
(a) If a member of a policemen's pension and relief fund who while an employee enters the United States Armed Forces during any period of compulsory or voluntary military service, the service shall be credited under this subchapter.
(b)(1) In any case of doubt as to the period of armed service to be so credited a member under this section, the board of trustees of the pension fund shall determine the period.
(2) Except for service credited under subsection (d) of this section, a member of a policemen's pension and relief fund shall not be credited with a total of more than five (5) years of armed service.
(c) During the period of armed service and until the member's return as an employee, his or her contributions to the pension fund shall be suspended, and any balance remaining to the member's credit in the pension fund shall be accumulated at regular interest.
(d)(1)(A) Under the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4312, in effect October 13, 1996, a member who leaves covered employment to serve in the uniformed services of the United States after giving notice to the employer and who returns to employment shall be treated as not having incurred a break in service with the employer.
(B) The employer shall certify to the pension fund that reemployment was in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4312, as in effect October 13, 1996.
(2) Under this subsection, the uniformed services of the United States are limited to the United States Armed Forces, the Army National Guard and Air National Guard when engaged in active duty for training, state active duty, inactive duty training, or full-time National Guard d
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-11-436
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:24-11-436
Source file: gov.ar.code.title.24.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b8bc88a58e54f0afd0d401b295c9271af3d5f61aa3d95e2102cf272bf363f33e
Source location: content.xml paragraph 12078
Stored source content
24-11-436. Military service.
(a) If a member of a policemen's pension and relief fund who while an employee enters the United States Armed Forces during any period of compulsory or voluntary military service, the service shall be credited under this subchapter.
(b)(1) In any case of doubt as to the period of armed service to be so credited a member under this section, the board of trustees of the pension fund shall determine the period.
(2) Except for service credited under subsection (d) of this section, a member of a policemen's pension and relief fund shall not be credited with a total of more than five (5) years of armed service.
(c) During the period of armed service and until the member's return as an employee, his or her contributions to the pension fund shall be suspended, and any balance remaining to the member's credit in the pension fund shall be accumulated at regular interest.
(d)(1)(A) Under the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4312, in effect October 13, 1996, a member who leaves covered employment to serve in the uniformed services of the United States after giving notice to the employer and who returns to employment shall be treated as not having incurred a break in service with the employer.
(B) The employer shall certify to the pension fund that reemployment was in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4312, as in effect October 13, 1996.
(2) Under this subsection, the uniformed services of the United States are limited to the United States Armed Forces, the Army National Guard and Air National Guard when engaged in active duty for training, state active duty, inactive duty training, or full-time National Guard duty, the United States Commissioned Corps of the Public Health Service, and any other category of persons designated by the President of the United States in time of war or national emergency.
(3) The cumulative length of the absence from a position of employment with the employer by reason of service in the uniformed services for which service credit shall be given shall not exceed five (5) years.
(4) A member of a policemen's pension and relief fund whose uniformed service is honorably terminated and who reports for reemployment under this subsection within the time provided in the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4312, shall be entitled to accrue benefits for the time he or she served in the uniformed services by paying the employee contributions required by § 24-11-413, if any, within the time provided in the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4312, and by repaying any amount he or she may have previously withdrawn from the pension fund, with interest.
(5)(A) An employer reemploying a member of a policemen's pension and relief fund under this subsection shall pay to the pension fund the employer contributions due for the time he or she served in the uniformed services as required under § 24-11-413.
(B) However, if a member of a policemen's pension and relief fund does not pay the employee contributions due, then no employer contributions are due.
(6) For the purposes of determining the employee and employer contributions due, the compensation for a member of a policemen's pension and relief fund during the period of service in the uniformed services shall be computed at:
(A) The rate he or she would have received if the member of a policemen's pension and relief fund had not served in the uniformed services; or
(B) The average compensation level for the member of a policemen's pension and relief fund during the twelve-month period, or shorter if applicable, immediately preceding the service.
(7) Unless both employee and employer contributions are paid, the member of a policemen's pension and relief fund shall not be entitled to any accrued benefits for the time served in the uniformed services.
(8)(A) If a member dies on or after January 1, 2007, while performing qualified military service under the Uniformed Services Employment and Reemployment Rights Act, Pub. L. No. 103-353, he or she shall be treated as though he or she resumed covered employment on the day before the day of death.
(B) For a member of a policemen's pension and relief fund who had not attained a vested status in the pension fund, sufficient service credit shall accrue to permit him or her to become vested.
(C) For a member of a policemen's pension and relief fund who had attained a vested status, additional service credit accrual shall not occur.
(D) In all cases, the eligible benefit awarded by the pension fund under this section shall be a nonduty death benefit.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsections (b), (c), and (d) and to section 4304, any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if—
(1) the person (or an appropriate officer of the uniformed service in which such service is performed) has given advance written or verbal notice of such service to such person’s employer;
(2) the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and
(3) except as provided in subsection (f), the person reports to, or submits an application for reemployment to, such employer in accordance with the provisions of subsection (e).
**(b)**
(1) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable.
(2) A determination of military necessity for purposes of paragraph (1) shall be made—
(A) except as provided in subparagraphs (B) and (C), pursuant to regulations prescribed by the Secretary of Defense;
(B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5165f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165f&num=0&edition=prelim)) and as intermittent personnel under section 306(b)(1) of such Act ([42 U.S.C. 5149(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5149/b/1&num=0&edition=prelim))
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4312
Stored review status: release_metadata_unconfirmed. The source passage cites 38 U.S.C. § 4312. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1002
TITLE 38—VETERANS’ BENEFITS
§ 4312
perform, or has an obligation to perform service
in a uniformed service shall not be denied initial
employment, reemployment, retention in em-
ployment, promotion, or any benefit of employ-
ment by an employer on the basis of that mem-
bership, application for membership, perform-
ance of service, application for service, or obli-
gation.
(b) An employer may not discriminate in em-
ployment against or take any adverse employ-
ment action or other retaliatory action against
any person because such person (1) has taken an
action to enforce a protection afforded any per-
son under this chapter, (2) has testified or other-
wise made a statement in or in connection with
any proceeding under this chapter, (3) has as-
sisted or otherwise participated in an investiga-
tion under this chapter, or (4) has exercised a
right provided for in this chapter. The prohibi-
tion in this subsection shall apply with respect
to a person regardless of whether that person
has performed service in the uniformed services.
(c) An employer shall be considered to have
engaged in actions prohibited—
(1) under subsection (a), if the person’s mem-
bership, application for membership, service,
application for service, or obligation for serv-
ice in the uniformed services is a motivating
factor in the employer’s action, unless the em-
ployer can prove that the action would have
been taken in the absence of such membership,
application for membership, service, applica-
tion for service, or obligation for service; or
(2) under subsection (b), if the person’s (A)
action to enforce a protection afforded any
person under this chapter, (B) testimony or
making of a statement in or in connection
with any proceeding under this chapter, (C) as-
sist
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4312
Stored review status: historical_2024_not_currentness_verified. The source passage cites 38 U.S.C. § 4312. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
24-11-413. Moneys added to fund — Contributions.
(a) There shall be added to the policemen's pension and relief fund the following moneys:
(1) All forfeitures and fines imposed upon any member of the police department by way of discipline;
(2) All money given or donated to the fund;
(3) All money deducted from the salary of any member of the police department on account of absence or loss of time;
(4) All rewards paid for any purpose;
(5) Ten percent (10%) of all fines and forfeitures, not including court costs, collected by the county or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the district courts of this state for violation of ordinances or state law that pursuant to law would be deposited into the city general fund and are not designated by law as payable to the county or state agencies or entities; and
(6)(A) Six percent (6%) of the monthly salary of each member of the department, to be deducted each month by the city and immediately paid to the board of trustees of the policemen's pension and relief fund.
(B) However, the monthly deduction shall be four percent (4%) for police officers contributing to Social Security unless increased, but not to exceed six percent (6%), by the majority vote of the contributing members of a police department covered by Social Security.
(b) All cities and towns in which a policemen’s pension and relief fund is established shall contribute to the fund an amount not less than six percent (6%) of the police officers’ salary.
(c) The contributions by cities and towns shall not exceed the amount contributed by the police officers, except where authorized by appropriation of the city’s or town’s governing body.
(d) A police
Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-11-413
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 24-11-413. This identifies an authority to review, not proof of applicability.