Section 22850 Of Chapter 14.5. Military Service From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 14.5.
22850
. (a) The Legislature hereby declares its intent to provide
benefits under this part to reemployed members who have been absent
from a position of employment subject to coverage under the Defined
Benefit Program to perform service in the uniformed services of the
United States in accordance with the Uniformed Services Employment
and Reemployment Rights Act of 1994 (Chapter 43 (commencing with
Section 4301) of Title 38 of the United States Code).
(b) The system shall comply with Chapter 43 (commencing with
Section 4301) of Title 38 of the United States Code, as that chapter
may be amended from time to time.
(c) "Service in the uniformed services" means the performance of
duty on a voluntary or involuntary basis in a uniformed service under
competent authority and includes active duty, active duty for
training, initial active duty for training, inactive duty training,
and a period for which a member is absent from a position of
employment for the purpose of an examination to determine the fitness
of the member to perform any duty.
(d) "Uniformed services" means the Armed Forces of the United
States of America, the Army National Guard and the Air National Guard
when engaged in active duty for training, inactive duty training, or
full-time National Guard duty, the commissioned corps of the Public
Health Service, and any other category of persons designated by the
President in time of war or emergency.
(e) Except as provided in Section 22851, no benefit shall accrue
during the period of service in the uniformed services if the member
does not return to employment, with the same employer which had
employed the member immediately prior to the eligible period of
service in the uniformed services, as prescribed in Chapter 43
(commencing with Section 4301) of Title 38 of the United States Code.