Browse Arkansas Code titles and sections

24-11-817. Military service.

Arkansas Code — all titles (historical 2020) · legal_authorities

24-11-817. Military service.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-11-817

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:24-11-817
Source file: gov.ar.code.title.24.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 20752c42c8bf5ad7a41872c6b9ef733edfecad4a57af2ad73d940e66490d6c56

Source location: content.xml paragraph 12567

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24-11-817. Military service. (a) In the event that a member of a firemen's relief and pension fund, while an employee, enters the United States Armed Forces during any period of compulsory or voluntary military service, the armed service actually served by him or her shall be credited him or her as service 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 firemen's relief and pension fund shall have final power to determine the period. (2) Except for service credited under subsection (d) of this section, a member 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 fund shall be suspended, and any balance remaining to his or her credit in the 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, as 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 will be given shall not exceed five (5) years. (4) A member 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, as in effect October 13, 1996, shall be entitled to accrue benefits for the time the member served in the uniformed services by paying the employee contributions required by § 24-11-816, 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 the member may have previously withdrawn from the pension fund, with interest. (5)(A) An employer reemploying a member under this subsection shall pay to the pension fund the employer contributions due for the time the member served in the uniformed services as required by § 24-11-816. (B) However, if a member 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 member's compensation during the period of service in the uniformed services shall be computed at: (A) The rate the member would have received if the member had not served in the uniformed services; or (B) The member's average compensation level during the twelve-month period, or shorter if applicable, immediately preceding the service. (7) Unless both employee and employer contributions are paid, the member 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 military services qualified under the Uniformed Services Employment and Reemployment Rights Act of 1994, Pub. L. No. 103-353, the member shall be treated as though he or she resumed covered employment on the day before the day of death. (B) For a member who had not attained a vested status in the pension fund, sufficient service credit shall accrue to permit the member to become vested. (C) For a member 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

38 U.S.C. § 4312 — Reemployment rights of persons who serve in the uniformed services

**(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

38 U.S.C. § 4312 — Reemployment rights of persons who

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

24-11-816. Membership — Contributions.

24-11-816. Membership — Contributions. (a)(1) Within sixty (60) days from July 1, 1975, each full-paid firefighter and each part-paid firefighter whose salary is fifty dollars ($50.00) or more per month, each part-paid firefighter whose salary is less than fifty dollars ($50.00) per month, and each active volunteer firefighter employed in the fire department of any city or town in this state, who desires that he or she and his or her beneficiaries participate in the firemen's relief and pension fund of the city or town, as created under §§ 24-11-801 — 24-11-807, 24-11-809, 24-11-813 — 24-11-815, and 24-11-818 — 24-11-820, shall file a statement with the secretary of the board of trustees of the firemen's relief and pension fund of the city or town. This statement, in writing under oath, shall state that he or she desires that he or she and his or her beneficiaries participate in the benefits from the fund. (2) The statement shall include the name and age of those persons immediately dependent upon him or her and shall authorize the governing body of the city to deduct from his or her salary such percentage, not less than six percent (6%) thereof, as may be approved for deduction by the local firemen's pension board. (3) The statement of an active volunteer fire fighter shall include a promise and an obligation to pay to the board of trustees of the firemen's relief and pension fund the sum of twelve dollars ($12.00) per year. (4) Any municipality or fire protection district in which a firemen's relief and pension fund is established shall contribute to the firemen's relief and pension fund an amount: (A) Not less than six percent (6%) of the firefighter's salary; or (B) Equal to the contribution paid by any volunteer firefighters who are members of the fund.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 24-11-816

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 24-11-816. This identifies an authority to review, not proof of applicability.