Section 27-210-49-102 - Military Service Available at No Cost to Member (PERS and MHSPRS Members Only)1.Description of Active-Duty Military Service Available at No Cost To be eligible to receive credit for Active-Duty military service (including Active Duty for Training for which a DD214 or comparable documentation is available), the member must:
a. Have served on Active Duty as follows: i. For PERS, in an eligible branch of the U. S. Armed Forces (Army, Air Force, Navy, Marine Corps, or Coast Guard), or in the Commissioned Corps of the United States Public Health Service prior to 1972, or in maritime service during periods of hostility in World War II; ii. For MHSPRS, in an eligible branch of the U. S. Armed Forces (Army, Air Force, Navy, Marine Corps, or Coast Guard) or in maritime service during periods of hostility in World War II; b. Have not received a dishonorable discharge, which for purposes of this regulation includes a discharge for bad conduct, or discharge due to court martial, or discharge under other than honorable conditions;c. Have entered or returned to state service after discharge from qualifying military service;d. Be vested in his or her retirement system: i. a member who joined PERS before July 1, 2007, must have a minimum of four years of membership service credit in PERS; ii. a member who joined PERS on or after July 1, 2007, must have a minimum of eight years of membership service credit;iii. or a member of the MHSPRS must have a minimum of five years of membership service credit; e. Not have credit for this service in any other retirement system administered by PERS; and f. Not have overlapping service credit for the same period of time.g. Service credit for service in the Commissioned Corps of the United States Public Health Service is only available to those members who retire on or after July 1, 2002.2.Limitations If eligible, the member may receive up to a maximum of four years of active-duty military service credit at no cost. This period may be extended if proof is furnished that the member was retained in the Armed Forces during World War II or in maritime service during World War II by causes beyond the member's control and without opportunity of discharge.
3.Certificationa. The member must submit to PERS a copy (not the original) of his or her military DD214 discharge form (or other documentation acceptable to PERS) that verifies: i. That the service was Active Duty (including Active Duty for Training);ii. The eligible branch of the Armed Forces or Commissioned Corps in which the member served;iii. The member's dates of service; and iv. The member's discharge status.b. If the member does not have a copy of his or her DD214, he or she may obtain one by contacting the National Personnel Records Center.4.National Guard or Reserve Servicea. Service credit is not available for National Guard or Reserve Service. However, if the member is or was a member of the National Guard or in the Reserve Service and was activated into the Armed Forces of the United States (or Commissioned Corps of the United States Public Health Service prior to 1972) as verified by a DD214, he or she may be eligible for free service as provided under this section of this regulation.b. Weekend drills and annual two-week training periods are not eligible for credit.c. Military service is not allowed for periods during which the member received credit for employment with his or her public employer.d. Neither the National Guard NGB Form nor the U.S. Army Reserve Personnel Center Chronological Statement of Retirement Points will be accepted to establish eligibility for Active-Duty military service.5.Military Service Performed after Withdrawal from State Service Military service performed after the member withdraws from covered public service or retires does not qualify for service credit under this section. In order to have military service considered for service credit, the member must enter or return to covered state service after discharge from active duty in the Armed Forces (or from service in the Commissioned Corps of the United States Public Health Service prior to 1972). Should the member enter active duty after retirement and later return to covered state service, no service credit for active-duty military service is available for any period in which the member was drawing a retirement allowance.
27 Miss. Code. R. 210-49-102