THE ATTORNEY GENERAL HAS RECEIVED YOUR REQUEST FOR AN OFFICIAL OPINION ASKING, IF EFFECT:
MAY THE BOARD OF TRUSTEES OF A COUNTY EMPLOYEE'S RETIREMENT SYSTEM, PURSUANT TO 19 O.S. 951 (1981) ET SEQ., RESTRICT OR PROHIBIT CREDIT FOR SERVICE AS A "WAR VETERAN", AS DEFINED BY 72 O.S. 67.13(A) (1989), FROM BEING RECEIVED UNTIL AFTER THE COUNTY EMPLOYEE HAS BECOME VESTED UNDER THE PARTICULAR COUNTY EMPLOYEE'S RETIREMENT SYSTEM, OR MUST SERVICE CREDIT BE GIVEN TO SUCH "WAR VETERANS" IMMEDIATELY UPON APPLICATION FOR SUCH CREDIT AND COMMENCEMENT OF EMPLOYMENT?
THERE HAS BEEN A DISCUSSION OF THE ISSUES PRESENTED IN YOUR INQUIRY WITHIN THE STAFF OF THE OFFICE OF THE ATTORNEY GENERAL, AND IT IS OUR CONSENSUS THAT 72 O.S. 67.13(A) (1989) DOES NOT APPLY TO COUNTY EMPLOYEE RETIREMENT FUNDS AND SYSTEMS, AS PROVIDED FOR AT 19 O.S. 951 (1989) ET SEQ., AS AMENDED. FURTHER, IT DOES NOT APPEAR THAT IT IS NECESSARY OR APPROPRIATE THAT AN OFFICIAL PUBLISHED RESPONSE BE PROVIDED AS THE INTENT OF THE LAW RELEVANT TO YOUR QUESTION IS RELATIVELY CLEAR AND UNAMBIGUOUS.
IT SHOULD FIRST BE NOTED THAT THERE ARE TWO POSSIBLE SCENARIOS UNDER WHICH COUNTY EMPLOYEES COULD QUALIFY AS "WAR VETERANS", AS DEFINED BY 72 O.S. 67.13(A) (1989). THE FIRST MIGHT BE TERMED INTERRUPTED MILITARY SERVICE, AND APPLIES TO THOSE EMPLOYEES WHO ARE CALLED INTO MILITARY SERVICE, STATUTORILY QUALIFY AS "WAR VETERANS", AND LATER RETURN TO THEIR POSITION IN CIVILIAN LIFE. THE SECOND SITUATION INVOLVES PRIOR MILITARY SERVICE AND APPLIES TO THOSE WHO SERVE IN THE ARMED FORCES, QUALIFY AS "WAR VETERANS", AND THEN ENTER INTO COUNTY EMPLOYMENT.
THE VIEWS HEREIN EXPRESSED ARE LIMITED TO MILITARY SERVICE PRIOR TO EMPLOYMENT WITH THE COUNTY, AR.D ENTRANCE INTO THE PARTICULAR COUNTY EMPLOYEE'S RETIREMENT FUND AND SYSTEM. ADDITIONALLY, I HAVE NOT ATTEMPTED TO IMPLICATE THE FEDERAL STATUTES INVOLVING WAR VETERANS AND VARIOUS RETIREMENT PROVISIONS.
YOUR QUESTION INVOLVING PRIOR SERVICE "WAR VETERANS" IS BASED ON THE UNWARRANTED ASSUMPTION THAT 72 O.S. 67.13(A) (1989) APPLIES TO ALL RETIREMENT SYSTEMS, STATE AND COUNTY; THUS REQUIRING COUNTY EMPLOYEE RETIREMENT SYSTEMS, AS PROVIDED BY 19 O.S. 951 (1981) ET SEQ., AS AMENDED, TO ADHERE TO THE PROVISIONS OF SECTION 67.13(A). SECTION 67.13(A) PROVIDES IN PERTINENT PART:
"WAR VETERANS, AS DEFINED ABOVE, SHALL RECEIVE MAXIMUM BENEFITS AVAILABLE FOR EACH YEAR OF CREDITABLE SERVICE, NOT TO EXCEED FIVE (5) YEARS, FOR ACTIVE MILITARY SERVICE FOR RETIREMENT BENEFITS IN THE RETIREMENT SYSTEMS WITHIN THE STATE OF OKLAHOMA; . . ."
WHERE THE LEGISLATIVE INTENT IS PLAINLY DISCERNABLE FROM THE PROVISIONS OF A STATUTE WHEN CONSIDERED AS A WHOLE, THE REAL PURPOSE AND INTENT OF THE LEGISLATIVE BODY WILL PREVAIL OVER THE LITERAL IMPORT OF THE WORDS EMPLOYED. C C TILE AND CARPET CO. INC. V. ADAY, 697 P.2D 175 (OKL. APP. 1985). A COURT MAY ADOPT A RESTRICTED MEANING OF STATUTORY WORDS WHERE LITERAL OR UNUSUAL MEANING OF THE WORDS WOULD LEAD TO ABSURD RESULTS OR THWART THE OBVIOUS PURPOSE OF THE STATUTE. STATE OF OKL. EX REL. DEPT. OF HUMAN SERVICES V. WEINBERQER, 741 F.2D 290