PERAC Memo #21 - 2004: Change to the Definition of Veteran
Change to the Definition of Veteran
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This memo notifies boards of a legislative change (effective 90 days after signature) broadening the definition of "veteran" under G.L. c. 32, §§4(1)(h) and 5(2)(b): members of the Army, Navy, Air Force, Marines, or Coast Guard with at least 180 days active duty under honorable conditions now qualify without wartime service (with the 180-day requirement waived for service-connected disability or death in service), and full-time (activated) National Guard members with at least 90 days duty and one day of wartime service also qualify.
Boards should apply this expanded definition going forward when evaluating military buyback and veteran's bonus eligibility, continue calculating National Guard service purchases at the existing five-years-to-one-year ratio, and continue requiring DD214 forms to verify service; PERAC will issue a revised Notice of Potential Benefits form shortly.
Full Text
Memorandum # 21/2004
M E M O R A N D U M
TO: All Retirement Boards
FROM: Joseph E. Connarton, Executive Director
RE: Change to the Definition of Veteran
DATE: June 4, 2004
Governor Romney recently signed an act which changes the definition of veteran for the purposes of the voluntary military service buyback in G.L. c. 32, § 4(1)(h) and the additional veterans bonus in G.L. c. 32, § 5(2)(b). Please note that in the absence of an emergency preamble, the Act becomes effective 90 days after signature. A copy of the Act is enclosed.
As a result of the change, any member of the Army, Navy, Air Force, Marines or Coast Guard who has served at least 180 days active duty is considered a veteran provided his or her last discharge or release was under honorable conditions. Such member does not need to have any wartime service. Any such member who was awarded a service-connected disability or who dies in such service will be considered a veteran without the 180 days of active duty.
Additionally, any person on full time National Guard duty for not less than 90 days who has at least one day of wartime service will be considered a veteran for the purposes of G.L. c. 32 provided his or her last discharge or release was under honorable conditions. Full time National Guard duty is only considered such when National Guard members are activated to regular service and does not include weekend drills or active duty for training.
It is important to note that veterans’ National Guard service will continue to be purchased on a five years of military service for each year of creditable service basis. Boards are further reminded that federal forms DD214 are required to verify military service. All other provisions remain the same. The Commission will provide a revised Notice of Potential Benefits Pursuant to G.L. c. 32, §4(1)(h) shortly.
We trust the foregoing is of assistance. If you have further questions or concerns, please contact this office.