38-491. Eligibility; age limit

A. This state, or any political subdivision of this state that employs personnel of any branch of its service under a merit system, civil service system or other system of employment on the basis of merit, by whatever name known, and whether pursuant to law, ordinance, rule, regulation or otherwise, shall provide that a veteran of the armed forces of the United States as defined by title 37, chapter 1, section 101, United States Code, separated from active duty under honorable conditions, is eligible to apply for and receive employment under such a merit system regardless of age, if otherwise qualified, subject only to the requirement that the veteran is below the regular retirement age at the time of entering the employment, if a retirement age is prescribed.

B. Any political subdivision of this state that employs personnel of any branch of its service under a merit system, civil service system or other system of employment on the basis of merit, by whatever name known, and whether pursuant to law, ordinance, rule, regulation or otherwise, shall provide that any veteran who is entitled under 10 United States Code chapter 1223 to retired pay for non-regular service or, but for age, would be entitled under that chapter to retired pay for non-regular service is eligible to apply for and receive employment under such a merit system regardless of age, if otherwise qualified, subject only to the requirement that the veteran is below the regular retirement age at the time of entering the employment, if a retirement age is prescribed.