RULE 2.21.3607 - ELIGIBILITY

RULE 2.21.3607. ELIGIBILITY

(1) To be eligible to receive veterans' employment preference, a veteran, disabled veteran, or eligible relative, as defined in 39-29-101, MCA, must:

(a) be, as provided in 39-29-102, MCA, a "United States citizen"; and

(b) meet "the minimum qualifications required for the position. If no applicant meets the minimum qualifications and the public employer fills a training position, veterans' preference must be applied."

(2) As provided in 39-29-101, MCA, a veteran must be a person who:

(a) "was separated under honorable conditions from active federal military duty in the armed forces after having served more than 180 consecutive days, other than for training; or

(b) as a member of a reserve component under an order of active federal duty pursuant to 10 U.S.C. 12301 (a), (d), or (g), 10 U.S.C. 12302, or 10 U.S.C. 12304, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from duty under honorable conditions; or

(c) is or has been a member of the Montana army or air national guard and who has satisfactorily completed a minimum of six years service in the armed forces, the last three years of which have been served in the Montana army or air national guard."

(3) A disabled veteran must have, as provided in 39-29-101, MCA:

(a) been "separated under honorable conditions from military duty in the armed forces; and

(b) established the present existence of a service-connected disability or [be] receiving compensation, disability retirement benefits or pension because of a law administered by the department of veterans affairs or a military department; or

(c) received a purple heart medal."

(4) An eligible relative must be, as provided in 39-29-101, MCA:

(a) the unremarried surviving spouse of a veteran or disabled veteran; or

(b) the spouse of a disabled veteran who is unable to qualify for appointment to a position due to the disability and who is incapable of using the employment preference because the disability prevents the veteran from working; or

(c) the mother of a veteran who died under honorable conditions while serving in the armed forces or the mother of a service-connected permanently and totally disabled veteran if:

(i) the mother's spouse is totally and permanently disabled; or

(ii) the mother is the unremarried widow of the veteran's father.

(NEW, 1990 MAR p. 478, Eff. 3/16/90; AMD, 1994 MAR p. 23, Eff. 1/14/94; AMD, 1997 MAR p. 1445, Eff. 8/19/97; AMD, 2000 MAR p. 450, Eff. 2/11/00; AMD, 2003 MAR p. 2077, Eff. 10/1/03.)

39-29-112, MCA; IMP, 39-29-101 and 39-29-102, MCA;

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