PROVIDES A QUITE DIFFERENT PROCEDURE WHEREBY WAR VETERANS MAY RECEIVE PRIOR SERVICE CREDITS. SPECIFICALLY, 74 O.S. 913(D) PROVIDES:
"(D) ANY MEMBER WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES, AS DEFINED IN 74 O.S. 902(23) OF THIS TITLE, PRIOR TO MEMBERSHIP IN THE OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL BE GRANTED PRIOR SERVICE CREDIT, NOT TO EXCEED FIVE (5) YEARS, FOR THOSE PERIODS OF ACTIVE MILITARY SERVICE DURING WHICH HE WAS A WAR VETERAN. SUCH PRIOR MILITARY SERVICE CREDIT SHALL NOT APPLY TO ANY PERSON RECEIVING MILITARY RETIREMENT BENEFITS OTHER THAN SERVICE-CONNECTED DISABILITY BENEFITS ESTABLISHED BY EITHER THE MILITARY SERVICE OR THE VETERANS ADMINISTRATION." 74 O.S. 902(23) STATES:
"(23) "MILITARY SERVICE" MEANS SERVICE IN THE ARMED FORCES OF THE UNITED STATES IN TIME OF WAR OR NATIONAL EMERGENCY, AS DEFINED IN SECTION 72 O.S. 67.13(A) OF TITLE 72, FROM WHICH THE MEMBER WAS HONORABLY DISCHARGED."
TITLE 72 O.S. 67.13(A) (1990), MERELY DEFINES WHAT CONSTITUTES A "WAR VETERAN" FOR PURPOSES OF THE WAR VETERANS COMMISSION OF OKLAHOMA - REVOLVING FUND, AS WELL AS THE OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM. SPECIFICALLY, 72 O.S. 67.13(A) PROVIDES A LAUNDRY LIST OF INCLUSIVE DATES DURING WHICH THE UNITED STATES WAS IN A STATE OF WAR OR NATIONAL EMERGENCY. AN EXHAUSTIVE LIST OF THOSE DATES IS NOT RELEVANT TO THIS DISCUSSION, HOWEVER, THE LIST DOES INCLUDE THE VIETNAM CONFLICT, AS WELL AS KOREA, AND WORLD WAR II.
HOWEVER, THE LEGISLATURE HAS ESTABLISHED DIFFERENT CRITERIA FOR CALCULATING WAR TIME SERVICE CREDITS FOR MEMBERS OF THE MUNICIPAL POLICE PENSION AND RETIREMENT SYSTEM, PURSUANT TO 11 O.S. 50-128.
WHERE LANGUAGE OF STATUTE IS PLAIN AND UNAMBIGUOUS AND ITS MEANING IS CLEAR, STATUTE WILL BE ACCORDED MEANING AS EXPRESSED BY LANGUAGE THEREIN EMPLOYED. WILSON V. MCCORD INC., 611 F. SUPP. 621 (D.C. OKL. 1985). GENERALLY, ALL LEGISLATIVE ENACTMENTS MUST BE INTERPRETED IN ACCORDANCE WITH THEIR PLAIN AND ORDINARY MEANING ACCORDING TO THE IMPORT OF THE LANGUAGE USED. ALFALFA ELEC. COOP. INC. V. FIRST NAT. BANK TRUST CO. OF OKLAHOMA CITY, 525 P.2D 644 (OKL. 1974).
CONSEQUENTLY, IN LIGHT OF THE FOREGOING STATUTES AND CASE LAW, IT APPEARS THAT PRIOR SERVICE CREDITS FOR WAR TIME MILITARY SERVICE, FOR MEMBERS OF THE OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM, AS PROVIDED BY 11 O.S. 50-101, ET SEQ., AS AMENDED, MAY BE CALCULATED DIFFERENTLY THAN MEMBERS OF THE OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM, FOUND AT 74 O.S. 901, ET SEQ. AS AMENDED. THIS IS SO BECAUSE THERE EXISTS SPECIFIC STATUTORY LANGUAGE APPLICABLE TO EACH SYSTEM.
THIS RESPONSE DOES NOT CONSTITUTE AN OFFICIAL OPINION OF THE ATTORNEY GENERAL BUT, RATHER REPRESENTS MY VIEWS OF THE LAW RELEVANT TO YOUR INQUIRY.
(ROBERT T. RALEY)