1811. RETENTION STANDING: VETERANS PREFERENCE

1811 RETENTION STANDING: VETERANS PREFERENCE 1811.1 Veterans preference eligibility shall be determined in accordance with applicable federal law and regulations. 1811.2 A 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. 1811.3 An 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. 1811.4 A preference eligible having a service-connected disability of thirty percent (30%) or more shall be credited with eight (8) years of additional service. 1811.5 A 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).