Section 8-A1811. RETENTION STANDING: VETERANS PREFERENCE

 

1811.1Veterans preference eligibility shall be determined in accordance with applicable federal law and regulations.

 

1811.2A retired member of a military service shall be considered a preference eligible under this chapter only if he or she meets at least one (1) of the following conditions:

 

(a)The employee's military retirement is based on disability that either:

 

(1)Resulted from injury or disease received in the line of duty as a direct result of armed conflict; or

 

(2)Was caused by an instrumentality of war incurred in the line of duty during a period of war as defined by §§101 and 301 of Title 38, U.S. Code;

 

(b)The employee's military service does not include twenty (20) or more years of full-time active service, regardless of when performed. However, this total does not include periods of active service for training; or

 

(c)The employee has been employed continuously since November 30, 1964, in a position without a break in service of more than thirty (30) days.

 

1811.3An employee who would otherwise be considered a preference eligible under conditions in §1811.2(b) or (c) shall not be considered a preference eligible for purposes of this chapter if the employee retired at or above the rank of major or its equivalent.

 

1811.4A preference eligible having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service.

 

1811.5A preference eligible other than as described in §1811.4 shall be credited with four (4) years of additional service.

 

source

Final Rulemaking published at 42 DCR 1210 (March 10, 1995) incorporating by reference the text of Proposed Rulemaking published at 42 DCR 884 (February 17, 1995).