Terms Used In Vermont Statutes Title 16 Sec. 1936

  • Board: shall mean the board of trustees of the System provided for in section 1942 of this title to administer the System. See
  • Creditable service: shall mean membership service, any other service allowable under this chapter, and service transferred under 3 V. See
  • Earnable compensation: shall mean the full rate of compensation for the performance of professional services paid to a teacher when the teacher works the full normal working time for his or her position, in whatever manner paid, plus all additional wages received by a teacher for duties performed that provide direct educational value to the students. See
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Member: shall mean any person included in the System pursuant to section 1933 of this chapter. See
  • Membership service: shall mean service as a member for which credit is allowable as provided in subsection 1936(a) of this title. See
  • Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions of this chapter. See
  • Service: shall mean all service as a teacher for which compensation is received. See
  • Teacher: shall mean any licensed teacher, principal, supervisor, superintendent, or any professional licensed by the Vermont Standards Board for Professional Educators who is regularly employed, or otherwise contracted if following retirement, for the full normal working time for his or her position in a public day school or school district within the State, or in any school or teacher-training institution located within the State, controlled by the State Board of Education, and supported wholly by the State; or in certain public independent schools designated for such purposes by the Board in accordance with section 1935 of this title. See

§ 1936. Creditable service; military service

(a) Each member shall receive membership service credit for all service rendered while a member of the System since he or she became a member, or since he or she last became a member in the event of a break in his or her membership.

(b) [Repealed.]

(c) Creditable service shall consist of membership service credit, any other service allowable under this chapter, and service transferred under 3 V.S.A. § 495.

(d) Credit shall also be granted for any period of absence from service due to any class of military service of the United States approved by the Retirement Board, provided the member returns to service as a teacher as defined under section 1931 of this title within 90 days after having become discharged or separated from military service, as if such service had been service as a teacher. The earnable compensation of the teacher at the time of entering such military service shall be deemed to be the earnable compensation for the period of such service.

(e) Credit shall also be granted for any period of absence from service in connection with an approved workers’ compensation claim as a result of a work-related injury, provided the employee provides evidence of the period covered by the approved workers’ compensation claim upon return to active service. The earnable compensation of the employee at the time of entering the absence from service resulting from an approved workers’ compensation claim or the wages plus all other wage replacement compensation received while on the approved period of absence, whichever provides for the highest total compensation, shall be deemed to be the earnable compensation for the period of service. The total compensation under this subsection shall not exceed what the earnable compensation would have been had the member not been injured. (Amended 1977, No. 53, §§ 1, 5, eff. April 23, 1977; 2001, No. 29, § 4; 2007, No. 13, § 26; 2017, No. 165 (Adj. Sess.), § 10.)