19-2-1014. Compliance with federal laws regarding service in uniformed services. (1) With respect to a member’s death occurring on or after January 1, 2007, while the member is performing qualified service in the uniformed services as defined in 38 U.S.C. § 4303 and to the extent required by section 401(a)(37) of the Internal Revenue Code, 26 U.S.C. § 401(a)(37), the designated beneficiaries are entitled to benefits that the system would have provided if the member’s death had occurred while in covered employment. In any event, a deceased member’s period of qualified service in the uniformed services must be counted for vesting purposes.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2)With respect to a member’s disability occurring on or after January 1, 2009, while the member is performing qualified service in the uniformed services as defined in 38 U.S.C. § 4303 and to the extent permitted by section 414(u)(9) of the Internal Revenue Code, 26 U.S.C. § 414(u)(9), the member is entitled to any benefits that the system would have provided had the member become disabled while in covered employment.