8-30-306 - Veterans' preference points.

8-30-306. Veterans' preference points.

(a)  (1)  Any person who has been honorably discharged from the army, navy, air force or marine corps, who served in the armed forces of the United States during the period of a war, the Korean War, the Vietnam Conflict, the Lebanon Expedition, the Grenada Expedition, the Panama Expedition or Operation Desert Storm, shall have five (5) points added to such person's earned ratings in examination for entrance to the career service; provided, that such person is a qualified voter in Tennessee or has been a resident of this state for two (2) years next preceding such person's application; and provided further, that for purposes of establishing preference points for the Lebanon Expedition, the Grenada Expedition or the Panama Expedition, points shall be awarded only to veterans who received the “Armed Forces Expeditionary Medal.”

     (2)  If such veteran is disabled as a result of such military service, such veteran shall have ten (10) points added to such veteran's rating, if the commissioner determines that such disability will not impair such veteran's fitness for the position sought.

     (3)  The spouse or surviving spouse of any one hundred percent (100%) service-connected disabled veteran whose disability resulted from such military service or the surviving spouse of any veteran who died in the line of duty during such military service shall have ten (10) points added to such person's rating; provided, that such surviving spouse shall not have remarried since the death of such person's veteran spouse.

     (4)  The spouse or surviving spouse of any permanently and totally disabled veteran whose disability resulted from military service, or veteran who died in the line of duty, during a period other than a period of war, the Korean War, the Vietnam Conflict, the Lebanon Expedition, the Grenada Expedition, the Panama Expedition or Operation Desert Storm shall have five (5) points added to such spouse or surviving spouse's rating; provided, that such surviving spouse shall have not remarried since the death of the veteran; provided further, that, for purposes of establishing preference points for the Lebanon Expedition, the Grenada Expedition or the Panama Expedition, points shall be awarded only to veterans who received the “Armed Forces Expeditionary Medal.”

(b)  In entering upon registers the names of preference claimants entitled to additional points, they will take the place to which their ratings entitled them on the register with nonveterans, that is, the earned ratings augmented by the points to which they are entitled, and will be certified when their ratings are reached. The name of a veteran, with the augmented rating, will be entered ahead of the name of a nonveteran when their ratings are the same.

(c)  For purposes of establishing preference points, the following dates shall be equated to “period of war” with respect to the Korean War: June 27, 1950, to January 31, 1955.

(d)  (1)  The preference points in this section shall apply to any member of the reserve components as defined in 10 U.S.C. § 261(a) who performs active federal service in the armed forces of the United States during the periods specified in subsection (a).

     (2)  The provisions of subdivisions (a)(3) and (4) relative to a spouse or surviving spouse of a disabled veteran shall also apply to a spouse or surviving spouse of any member of the reserve components as provided in subdivision (d)(1).

[Acts 1939, ch. 221, § 17; 1947, ch. 6, §§ 1, 2; 1949, ch. 112, § 1; C. Supp. 1950, § 1034.39 (Williams, § 423.24q); modified; impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; Acts 1961, ch. 211, § 1; 1967, ch. 242, § 1; 1971, ch. 264, § 1; T.C.A. (orig. ed.), § 8-3206; Acts 1982, ch. 853, § 1; 1982, ch. 884, § 1; 1986, ch. 869, § 4; 1991, ch. 48, §§ 1-3; 1993, ch. 290, §§ 1, 2; 1994, ch. 631, § 1; 2000, ch. 656, § 2.]