Military Service
Cal. EDC § 22854
California Statutes
A reemployed member who has been absent from a position of employment subject to coverage under the Defined Benefit Program to perform service in the uniformed services, pursuant to
Section 22850, for a period in excess of five years shall not be entitled to benefits or credit for plan vesting or eligibility for membership purposes under this
chapter for an amount exceeding five years, except where the service in the uniformed services has exceeded five years for the following reasons: (
a) The member is required to serve beyond five years to complete an initial period of obligated service. (
b) The member was unable to obtain orders releasing the member from a period of service in the uniformed services before the expiration of the five-year period and that inability was through no fault of the member. (
c) The member served in the uniformed services as required pursuant to
Section of Title of the United States Code,
Section 502(
a) or of Title of the United States Code, or to fulfill additional training requirements determined and certified in writing by the Secretary of Defense, to be necessary for professional development, or for completion of skill training or retraining. (
d) The member is ordered to do any of the following:
(1) Ordered to or retained on active duty under
Section 672(a), 672(g), 673, 673(b), 673(c), or of Title of the United States Code or under
Section 331, 332, 359, 360, 367, or of Title of the United States Code.
(2) Ordered to or retained on active duty, other than for training, under any provision of law during a war or during a national emergency declared by the President or the Congress.
(3) Ordered to active duty, other than for training, in support, as determined by the secretary concerned, of an operational mission for which personnel have been ordered to active duty under
Section 673(
b) of Title of the United States Code.
(4) Ordered to active duty in support, as determined by the secretary concerned, of a critical mission or requirement of the uniformed services.
(5) Called into federal service as a member of the National Guard under