Section 243. Provisions applicable to public employees who are absent on military duty

1. Definitions. As used in this section:
    (a) The term "public employee"  shall  mean  an  officer  or  employee
  holding a position by appointment or employment in the state of New York
  or in the cities, counties, towns, villages or school districts thereof,
  or  in  any  other  political  or  civil  division  of the state or of a
  municipality, or in any public or special district, or in the service of
  any public authority, public benefit corporation, commission  or  board,
  or in any other branch of the public service.
    (b)  The  term  "military  duty"  shall  mean  military service in the
  military, naval,  aviation  or  marine  service  of  the  United  States
  subsequent  to  July first, nineteen hundred forty, or service under the
  selective training and service act of nineteen  hundred  forty,  or  the
  national guard and reserve officers mobilization act of nineteen hundred
  forty, or any other act of congress supplementary or amendatory thereto,
  or any similar act of congress hereafter enacted and irrespective of the
  fact that such service was entered upon following a voluntary enlistment
  therefor or was required under one of the foregoing acts of congress, or
  service  with  the United States public health service as a commissioned
  officer, or service with the American Red Cross  while  with  the  armed
  forces  of  the  United  States  on foreign service, or service with the
  special services section of the armed forces of  the  United  States  on
  foreign  service,  or service in the merchant marine which shall consist
  of service as an officer or member of the crew on or in connection  with
  a  vessel  documented  under  the  laws of the United States or a vessel
  owned by, chartered to, or operated by or for the account or use of  the
  government  of  the United States, or service by one who was employed by
  the War Shipping Administration or Office of Defense  Transportation  or
  their  agents as a merchant seaman documented by the United States Coast
  Guard or Department of Commerce, or as a civil servant employed  by  the
  United  States  Army Transport Service (later redesignated as the United
  States  Army  Transportation  Corps,  Water  Division)  or   the   Naval
  Transportation  Service;  and who served satisfactorily as a crew member
  during the period of armed conflict, December seventh, nineteen  hundred
  forty-one,  to  August  fifteenth,  nineteen  hundred forty-five, aboard
  merchant  vessels  in  oceangoing,  i.e.,  foreign,   intercoastal,   or
  coastwise  service  as such terms are defined under federal law (46 USCA
  10301&10501) and further to include "near foreign" voyages between the
  United States and Canada, Mexico, or the West Indies via  ocean  routes,
  or  public  vessels  in oceangoing service or foreign waters and who has
  received a Certificate of Release or Discharge from Active  Duty  and  a
  discharge  certificate,  or  an  Honorable Service Certificate/Report of
  Casualty, from the Department of Defense, or  who  served  as  a  United
  States  civilian  employed  by  the  American  Field  Service and served
  overseas under United States Armies and United  States  Army  Groups  in
  world  war  II  during  the  period of armed conflict, December seventh,
  nineteen  hundred  forty-one  through  May  eighth,   nineteen   hundred
  forty-five, and who was discharged or released therefrom under honorable
  conditions,  or  who  served as a United States civilian Flight Crew and
  Aviation Ground Support Employee of Pan American World Airways or one of
  its subsidiaries or its affiliates and served overseas as  a  result  of
  Pan  American's  contract  with  Air  Transport  Command  or  Naval  Air
  Transport  Service  during  the  period  of  armed  conflict,   December
  fourteenth,   nineteen  hundred  forty-one  through  August  fourteenth,
  nineteen  hundred  forty-five,  and  who  was  discharged  or   released
  therefrom  under  honorable  conditions;  or  service  in police duty on
  behalf of the United States government in a  foreign  country,  if  such
  person  is  a police officer, as defined by section 1.20 of the criminal

  procedure law, and if such police officer obtained the prior consent  of
  his  or her public employer to absent himself or herself from his or her
  position to engage in the performance of such service; or as an enrollee
  in the United States maritime service on active duty and, to such extent
  as  may  be  prescribed  by  or under the laws of the United States, any
  period awaiting assignment to such service and any period  of  education
  or  training  for  such  service  in any school or institution under the
  jurisdiction of the United States  government,  but  shall  not  include
  temporary   and  intermittent  gratuitous  service  in  any  reserve  or
  auxiliary force. It shall  include  time  spent  in  reporting  for  and
  returning  from  military  duty and shall be deemed to commence when the
  public employee leaves his position and to end when he is reinstated  to
  his  position,  provided  such reinstatement is within ninety days after
  the   termination   of   military   duty,   as   hereinafter    defined.
  Notwithstanding  the  foregoing  provisions  of this paragraph, the term
  "military duty" shall not include any of the foregoing services  entered
  upon voluntarily on or after January first, nineteen hundred forty-seven
  and  before  June twenty-fifth, nineteen hundred fifty; and, on or after
  July first, nineteen hundred seventy, the term "military duty" shall not
  include any voluntary service in excess of four  years  performed  after
  that  date,  or  the  total  of  any  voluntary  services, additional or
  otherwise, in excess of four years performed after that date, shall  not
  exceed  five  years,  if  the  service in excess of four years is at the
  request and for the convenience of the  federal  government,  except  if
  such  voluntary service is performed during a period of war, or national
  emergency declared by the president.
    (c) The term "termination of military duty" shall mean the date  of  a
  certificate  of  honorable  discharge  or a certificate of completion of
  training and service as set forth in the selective training and  service
  act  of  nineteen  hundred  forty,  and  the  national guard and reserve
  officers mobilization act of nineteen hundred forty or, in the event  of
  the  incurrence  of  a  temporary  disability  arising out of and in the
  course  of  such  military  duty,  the  date  of  termination  of   such
  disability.  The existence and termination of such temporary disability,
  in the case of a public employee occupying a position in the  classified
  civil  service or of a person on an eligible list for a position in such
  service, shall be determined by  the  civil  service  commission  having
  jurisdiction  over  such  position and, in the case of a public employee
  occupying a position not in  the  classified  civil  service,  shall  be
  determined by the officer or body having the power of appointment.
    (d)  The  term  "position" shall mean the office or position held by a
  public employee at the time of his entrance upon military duty.
    2. Leave of absence and re-employment. (a) Every public employee shall
  be entitled to absent himself or herself from his or her position  while
  engaged  in  the  performance  of military duty, except for those police
  officers who are required by paragraph (b) of subdivision  one  of  this
  section  to  obtain  the  prior consent of their public employers before
  absenting themselves from their  positions  for  military  service,  who
  accordingly  shall be entitled to absent themselves from their positions
  only after obtaining such prior consent, and shall be deemed to  have  a
  leave  of  absence  for  the duration of such military duty. Such public
  employee shall be  reinstated  to  his  position  as  soon  as  possible
  provided  he makes application for such reinstatement within ninety days
  after the termination of his military duty, or at any  time  during  his
  terminal  leave.  Thereafter, he may be so reinstated, at any time after
  such ninety-day period and within one year after the termination of  his
  military duty, in the discretion of the appointing officer or body.

    (b)  A  public  employee  who  resigned  from  his position during his
  military duty, or within six months prior to the  commencement  of  such
  military duty, may, in the discretion of the appointing officer or body,
  be  reinstated  to  his  position  within one year after the date of his
  resignation,  excluding  from  said  period  the time he was on military
  duty. Every public employee reinstated  under  the  provisions  of  this
  subdivision  or  pursuant  to  subdivision  one-a of rule sixteen of the
  rules for the classified civil service for the state or pursuant to  any
  comparable rule of a municipal civil service commission, shall be deemed
  to  have  been  on  a  leave of absence for the duration of his military
  duty.
    3. Substitutes. A position held by a public employee who is absent  on
  military  duty  shall,  so far as practicable, be continued in existence
  but shall be deemed temporarily vacant and shall be filled only when the
  public interest so requires. Any appointment to fill such vacancy  shall
  be   designated   as  a  substitute  appointment  and  the  request  for
  certification, the certification and the indicia  of  appointment  shall
  show  that  the  person  is  being appointed as a substitute. Any public
  employee, who accepts appointment as a substitute  shall  be  granted  a
  leave  of absence from his former position until the termination of such
  appointment and the temporary  vacancy  resulting  from  such  leave  of
  absence  shall be filled in like manner only when the public interest so
  requires and any appointment to such position shall also  be  designated
  as  a  substitute  appointment  and  the  request for certification, the
  certification and the indicia of appointment shall show that the  person
  is  being  appointed  to  such  position  as  a  substitute.  Every such
  substitute appointment shall be for a period not exceeding the leave  of
  absence of the former incumbent and shall be made in accordance with the
  provisions  of  law applicable to such position, provided, however, that
  such substitute appointment may be continued for a period in  excess  of
  one year, notwithstanding the provisions of section fifteen of the civil
  service  law.  Such  substitute  employee  shall  acquire  no  right  to
  permanent appointment or tenure by virtue of his service as a substitute
  and such service may be terminated at any time in the discretion of  the
  appointing  officer  or  body.  His  rights,  if  any,  with  respect to
  appointment or tenure, shall not, however, be impaired in any way by his
  acceptance of an appointment as a substitute and his name  shall  remain
  on  any eligible or other list and he shall be certified as eligible for
  any other appointment authorized by law during  the  existence  of  such
  list.
    The appointment of a substitute shall terminate (a) upon the return of
  the  former incumbent to his position or (b) upon the death or permanent
  total disability of the former incumbent or  (c)  upon  failure  of  the
  former incumbent to return to said position within ninety days after the
  termination  of  his  military  duty  or  (d)  upon  the  appointment or
  promotion of the former incumbent to another position as  authorized  by
  subdivision  six of this section, and, upon the happening of any of such
  events, said position may then be filled in the manner provided by law.
    4. Pensions. Any public employee who is a member  of  any  pension  or
  retirement  system  may  elect, while on military duty, to contribute to
  such pension or  retirement  system  the  amount  which  he  would  have
  contributed  had  his  employment  been  continuous and upon making such
  contribution he shall have the same rights in respect to  membership  in
  the  retirement  system  as he would have had if he had been present and
  continuously engaged in the performance of the duties of his position.
    Time during which a member  is  absent  on  military  duty  shall  not
  constitute an interruption of continuous employment, but such time shall
  not  be  counted  or included in determining the length of total service

  unless such member contributes to the retirement system  the  amount  he
  would  have  been  required  to  contribute  if he had been continuously
  employed during such period. Such contribution, or any part thereof, may
  be  paid  at  any time and from time to time, while in military duty, or
  within five years after the date of his restoration to his  position  or
  before December thirty-first, nineteen hundred sixty-two, whichever date
  is  later,  or in the event of the death of the member while in military
  duty such contribution, or any part thereof, may be paid  by  the  named
  beneficiary  or  the  legal representative of the member's estate within
  one year following proof of such death. A member of the New  York  state
  employees'  retirement  system  or of the New York state policemen's and
  firemen's retirement system, other than a member of the state police  in
  a  collective  negotiating unit established pursuant to article fourteen
  of the civil service law, who is in the employ of  the  state  on  March
  thirty-first,   nineteen  hundred  seventy,  who  failed  to  make  such
  contributions during the  prescribed  period  of  time  may  nonetheless
  obtain  credit  for  time  during  which  he  was  on  military  duty by
  depositing  with  such  retirement  system  an  amount  equal   to   the
  contribution  he  would  have  made  had he made a timely election, with
  regular interest, on or  before  March  thirty-first,  nineteen  hundred
  seventy-two,  provided,  however,  such member may elect to deposit such
  amount over a period of time no greater than the period for which credit
  is being claimed, in which case such payments  must  commence  no  later
  than  March  thirty-first,  nineteen  hundred  seventy-two.  If the full
  amount of such payments is not paid to the retirement system, the amount
  of service credited shall be proportional to the  total  amount  of  the
  payments  made. A member of the New York state policemen's and firemen's
  retirement system who is a member of the state police  in  a  collective
  negotiating  unit  established pursuant to article fourteen of the civil
  service law, who is in the employ of the state  on  March  thirty-first,
  nineteen  hundred  seventy-one,  who  failed  to make such contributions
  during the prescribed period of time may nonetheless obtain  credit  for
  time  during  which  he  was  on  military  duty by depositing with such
  retirement system an amount equal to the contribution he would have made
  had he made a timely election, with regular interest, on or before March
  thirty-first, nineteen  hundred  seventy-two,  provided,  however,  such
  member may elect to deposit such amount over a period of time no greater
  than  the  period  for which credit is being claimed, in which case such
  payments must  commence  no  later  than  March  thirty-first,  nineteen
  hundred  seventy-two. If the full amount of such payments is not paid to
  the  retirement  system,  the  amount  of  service  credited  shall   be
  proportional to the total amount of the payments made.
    A  member  of  the  New  York state teachers' retirement system, whose
  service terminates on the expiration of his contract, and for whom there
  is no employer to cover the cost of his accruing pension rights while in
  military service following the cessation of his  contract,  may  pay  in
  addition  to his own contributions, an amount equal to the percentage of
  his salary which his employer would have  paid  had  he  remained  under
  contract,   which   contributions   shall   be  paid  into  the  pension
  accumulation fund of the aforementioned retirement system and be treated
  as if they had been continued by his employer except that in  the  event
  of his death as a member prior to retirement or on his withdrawal of his
  accumulated  contributions  from  the system, the amounts so paid by him
  shall be returnable, with regular interest, as if they were  a  part  of
  his  accumulated  contributions. Such contributions or any parts thereof
  may be paid at any time and from time to time while in military duty  or
  within  five  years  after  the  member  has  returned  to public school

  teaching in New York state or  before  December  thirty-first,  nineteen
  hundred sixty-two, whichever date is later.
    Any  such  member,  while on military duty, or his beneficiary, as the
  case may be, shall be entitled to all benefits of the retirement  system
  of  which  he  is  a  member except accidental disability retirement and
  accidental death benefit.
    Any public employee holding a position by appointment who is or was  a
  member  of  any  pension or retirement system and who, while such member
  and while on military duty, applied for retirement as a member  of  such
  system to take effect within thirty days prior to the date of expiration
  of  his appointment and who shall accordingly have been retired pursuant
  to such application but thereafter and  within  thirty  days  after  the
  effective  date  of  such  retirement shall have been reappointed to his
  said position and shall have applied  thereafter,  before  or  upon  his
  release from military duty, for membership in such pension or retirement
  system,  shall  be  deemed  to  have  had  continuous membership in such
  pension or retirement system and shall be entitled to  all  the  rights,
  benefits  and  privileges under his contract of membership as it existed
  at the time of  such  retirement,  provided  he  shall  (1)  return  any
  pension,  annuity  and  retirement  allowance  payments  received by him
  during the period of such retirement, (2) consent to the termination  of
  his  right  to receive pension, annuity or retirement allowance payments
  on the basis of such retirement, (3) pay into the  appropriate  fund  of
  such  pension  or retirement system the amount he would have contributed
  thereto, if he had not so retired, on the basis of  the  salary  he  was
  receiving  when  he so retired, and (4) pay into the appropriate fund of
  such pension or retirement system the amount which  his  employer  would
  have  paid thereto on his account if he had continued as a member during
  such period of retirement.
    4-a. Notwithstanding  the  provisions  of  subdivision  four  of  this
  section,  in  any  case  where  any  member of any pension or retirement
  system maintained under any provision of the administrative code of  the
  city  of  New York, or under section twenty-five hundred seventy-five of
  the education law, did not, within five years  after  the  date  of  the
  restoration  of  such  member  to  his  position,  pay  the contribution
  required by such subdivision four to be paid within such  period,  as  a
  prerequisite  to  obtaining service credit in such system for the period
  of his military duty, such contribution, or any part  thereof  remaining
  due,  may  be  paid  on  or  before  June  thirtieth,  nineteen  hundred
  fifty-seven, provided that any  such  member  who,  on  or  before  such
  last-mentioned  date,  retires  or  is retired, without having paid such
  contribution, shall not be entitled to make such payment.
    4-b. (a) As used in this subdivision, the following terms  shall  mean
  and include:
    (1)  "New  York  city  veteran of world war II". Any member of the New
  York city employees' retirement system in city-service  who,  after  his
  last  membership  in  such system began, served as a member of the armed
  forces of the United States during  the  period  beginning  on  December
  seventh, nineteen hundred forty-one and ending on December thirty-first,
  nineteen  hundred  forty-six,  and  was honorably discharged or released
  under honorable circumstances from such service.
    (2) "New York city veteran of the Korean conflict." Any member of  the
  New  York  city  employees' retirement system in city-service who, after
  his last membership in such system began, served  as  a  member  of  the
  armed  forces  of  the  United States during the period beginning on the
  twenty-seventh of  June,  nineteen  hundred  fifty  and  ending  on  the
  thirty-first  day  of  January,  nineteen  hundred  fifty-five,  and was

  honorably discharged or released under honorable circumstances from such
  service.
    (b)  Notwithstanding any provision of subdivision four of this section
  to the contrary, any New York city veteran of World War II or  New  York
  city  veteran  of the Korean conflict who did not, within the applicable
  period of time prescribed by subdivision four of  this  section,  comply
  with  the  requirements of such subdivision for obtaining service credit
  in the New York city employees' retirement system for the period of  his
  military  duty,  may,  by  a written application duly executed and filed
  with the board of estimate of the city of New York, prior to July first,
  nineteen hundred sixty-nine, elect to purchase such service  credit.  If
  such  veteran  shall pay to such retirement system, prior to July first,
  nineteen hundred sixty-nine, the amount which he would have  contributed
  thereto  if  he  had  been  continuously  employed during such period of
  military duty, he shall have  in  such  retirement  system  the  service
  credit  which he could have obtained for such period of military duty if
  he had complied with the requirements of such  subdivision  four  within
  the period of time therein prescribed.
    5.  Rights upon restoration to position. A public employee restored to
  his position after the termination of his military  duty  or  after  the
  termination  of  his substitute appointment shall thereafter be entitled
  to the rate of compensation he would have received had  he  remained  in
  his  position continuously during such period of military duty or during
  such period of service as a substitute  and  shall  be  deemed  to  have
  rendered  satisfactory and efficient service in such position during the
  period of his leave of absence and shall not be  subjected  directly  or
  indirectly to any loss of time service, increment, or any other right or
  privilege,  or  be  prejudiced  in  any way with reference to promotion,
  transfer, reinstatement or continuance in office. If a public  employee,
  by  reason of injuries sustained or disease contracted while on military
  duty, as hereinbefore defined, is incapable  of  efficiently  performing
  the  duties  of his position after the termination of his military duty,
  he may, with  the  approval  of  the  civil  service  commission  having
  jurisdiction  of such position, be transferred to any vacant position in
  the same jurisdictional classification and in the same governmental unit
  for which he has applied in writing and for  which  he  has  been  found
  qualified,  after  such  tests  as  the commission may deem appropriate,
  provided the rate of compensation for such position is not greater  than
  the  rate of compensation for the position to which such public employee
  was restored. If a promotion examination is held while a public employee
  entitled to  participate  therein  is  on  military  duty,  such  public
  employee  shall  be  given  a  comparable examination, provided he makes
  request therefor within sixty days after restoration to his position. If
  he passes such examination his name  shall  be  placed  upon  a  special
  eligible  list  provided  that  his  name  would  have  been reached for
  certification between the date when he entered upon such  military  duty
  and  the  date  that  he was officially notified that he had passed such
  examination. Such special eligible list shall remain in existence for  a
  period of two years from the date that the name of such person is placed
  thereon  and  such  special  eligible  list  shall  be  certified before
  certification shall be  made  from  any  subsequent  or  eligible  list,
  whether   open  competitive,  promotion  or  preferred  which  has  been
  established for the same position, or from the  original  eligible  list
  for  such  position.  A  public  employee thus appointed after passing a
  comparable examination as herein provided, shall,  for  the  purpose  of
  computing  seniority  credit  and  training  and  experience credit upon
  promotion and seniority in the  event  of  suspension  or  demotion,  be
  deemed  to  have  been  appointed  on  the  earliest date upon which any

  eligible, who was lower on the  regular  promotion  eligible  list,  was
  appointed.
    6.  Appointment while on military duty. Any appointing officer or body
  may, in his or its discretion, fill a  vacancy  by  the  appointment  or
  promotion  of a public employee or any other person legally eligible for
  such appointment or  promotion,  notwithstanding  the  absence  of  such
  person  or  employee  in military duty but such appointment or promotion
  shall not serve to increase in any degree any civil  compensation  which
  he  may  have  been  receiving  pursuant  to  section six of chapter six
  hundred eight of the laws of nineteen hundred fifty-two. Such  employee,
  upon  the  termination  of his military duty shall have the same rights,
  privileges and obligations as if he  had  served  continuously  in  such
  position from the date of his appointment thereto.
    7.  Status of existing lists. Any person whose name is on any eligible
  list shall, while in military duty, retain his rights and status on such
  list. If the name of any such person is reached for certification during
  his military duty, it shall be placed on a special eligible list in  the
  order  of  his  original  standing,  provided  he makes request therefor
  following termination of his military duty and during the period of  his
  eligibility   on   such  list.  Such  list  shall  be  certified  before
  certification shall be  made  from  a  subsequent  open  competitive  or
  promotion  eligible  list  for  the  same  position or from the original
  eligible list for such position. Such names shall remain on such special
  eligible list for a period of two years after the  termination  of  such
  military  duty. Any such person thus appointed shall, for the purpose of
  computing seniority  credit  and  training  and  experience  credit  for
  promotion  and date of membership in the retirement system and seniority
  in the event of suspension or demotion, be deemed to have been appointed
  on the earliest date upon which any eligible, who was the lower on  such
  original  eligible  list,  was appointed, provided, however that service
  credit shall be computed  from  the  actual  date  of  appointment.  The
  retirement  system  contributions  of  any  such  person  who  made  any
  contribution to the retirement system pursuant to  article  fourteen  or
  fifteen of the retirement and social security law, and who was appointed
  on  or after July twenty-seventh, nineteen hundred seventy-six shall not
  be refunded.
    7-b. Status of applicants called for military duty before  taking  all
  parts  of  an  examination.  Any  person  who  has passed one or more of
  several parts of an examination for a  position  for  which  competitive
  examinations  are  required,  and  who has been prevented from taking or
  completing the remaining part or  parts  of  the  examination  for  such
  position  by reason of his service in military duty shall be afforded an
  opportunity to take a comparable examination as to such  remaining  part
  or parts, provided he makes request therefor during the period of ninety
  days  following  termination  of  his  military  duty. If he passes such
  examination his name shall  be  placed  upon  a  special  eligible  list
  provided that his name would have been reached for certification between
  the  date  when  he entered upon such military duty and the date that he
  was officially notified  that  he  had  passed  such  examination.  Such
  special  eligible  list  shall  remain  in existence for a period of two
  years from the date that the name of such person is placed thereon. Such
  special eligible list shall be certified before certification  shall  be
  made from a subsequent eligible list whether open competitive, promotion
  or  preferred  for  the same position or from the original eligible list
  for such position. Any such person thus appointed shall, for the purpose
  of computing seniority credit and training  and  experience  credit  for
  promotion  and  seniority  in  the  event  of suspension or demotion, be
  deemed to have been appointed  on  the  earliest  date  upon  which  any

  eligible  was  appointed who was lower on such original eligible list or
  lower in relative order of rating thereon than such  person  would  have
  been had his name been entered thereon.
    8.  Service and efficiency ratings. A public employee who is absent on
  military duty shall be credited  with  the  average  of  the  efficiency
  ratings which he received for the three periods immediately prior to his
  absence  on  military  duty  but  such  rating  shall not be less than a
  passing grade for the period of such absence, nor shall it be less  than
  the  rating  which  he  received for the period immediately prior to his
  absence  on  military  duty.  In   computing   seniority   and   service
  requirements  for  promotion  eligibility,  such period of military duty
  shall be counted as service in the position held by such employee.
    9. Probationary service. If a public employee or other  person  enters
  military  duty  before  the expiration of the probationary period in any
  position to which he may have theretofore been appointed, or to which he
  may thereafter be appointed or promoted pursuant to subdivision  six  of
  this  section,  the time he is absent on military duty shall be credited
  as satisfactory service during such probationary period.
    9-a. Probationary service of teachers. Notwithstanding the  provisions
  of  subdivision five of this section and subdivision four of section two
  hundred forty-two of this chapter, in  any  case  where  a  teacher,  as
  defined  in  section thirty-one hundred one of the education law, enters
  military duty before the expiration of the probationary period to  which
  he  may  have  theretofore  been  appointed,  the  time  he is absent on
  military duty shall be credited  as  satisfactory  service  during  such
  probationary  period.  If  the  end  of such probationary service occurs
  while the teacher is on military duty or within one year  following  the
  termination  of  such  military  duty,  the  period of such probationary
  service may be extended by the local board of education for a period  of
  not  to  exceed  one  year from the date of termination of such military
  duty, but in no event for a period of probationary service in the actual
  performance of teaching services, exclusive of  such  military  service,
  beyond  that  required  by  the school district at the time of his entry
  into military service.
    10. Physical examination. If a physical examination  is  required  for
  employment  in  or  promotion to any position in the public service, the
  physical  disability  of  a  candidate  incurred  by  reason  of  injury
  sustained  or disease contracted while in military duty, as hereinbefore
  defined, or during the world war shall not be deemed to  disqualify  him
  for  such  position  unless  the  disability  is  of such a nature as to
  prevent him from efficiently performing the duties of such position.
    10-a. Age requirements. If maximum age requirements are established by
  law, or rule or by action of a civil commission for examination for,  or
  for appointment or promotion to, any position in the public service, the
  period  of  military duty as hereinbefore defined, the period of service
  after June twenty-seventh, nineteen hundred fifty,  voluntarily  entered
  upon  between  January  first,  nineteen  hundred  forty-seven, and June
  twenty-seventh, nineteen hundred fifty, if such service otherwise  falls
  within the definition of military duty, and the period of terminal leave
  granted by the military authorities of a candidate or eligible shall not
  be  included  in computing the age of such candidate or eligible for the
  purposes of such examination  or  appointment  or  promotion;  provided,
  however,  that  neither  shall  the  total  time  deducted  hereunder in
  computing the age of a candidate or eligible exceed six years.
    11. Preferred lists. If the position occupied by a public employee  is
  abolished  prior  to the termination of his military duty his name shall
  be placed forthwith upon a preferred list, as  herein  provided.  Public
  employees in the competitive class of the civil service shall have their

  names  placed upon a preferred eligible list, pursuant to the provisions
  of section thirty-one of the civil  service  law  and  public  employees
  subject  to section twenty-five hundred thirty-five of the education law
  shall  have their names placed upon a preferred list as provided in such
  section.
    12. Military re-employment lists. If the position occupied by a public
  employee, who is not included in the provisions of subdivision eleven of
  this section, has been abolished or is no longer in existence  upon  the
  termination  of  his  military duty such employee, upon filing a written
  request within ninety days after the termination of his  military  duty,
  shall  have  his  name  placed  forthwith, upon a military re-employment
  list, as herein provided, for the position  last  held  by  him  or  any
  similar  position.  The military re-employment list for public employees
  in the classified civil service, other than in  the  competitive  class,
  shall be established by the civil service commission having jurisdiction
  of  such  position and such list for public employees who are not in the
  classified civil service shall be established by the officer  who  makes
  payment  of  the wages or salary for such position. Separate lists shall
  be established for positions in the non-competitive and the labor  class
  of  the  classified civil service. After the establishment of a military
  re-employment list, it shall be made available  to  appointing  officers
  and  bodies and no position shall be filled until the appointing officer
  or body certifies to the civil service commission or to  the  disbursing
  officer,   as  the  case  may  be,  that  no  person  on  such  military
  re-employment list, who formerly held the same or a similar position, is
  qualified to fill and willing to accept appointment to such vacancy. The
  civil service commission or the disbursing officer, as the case may  be,
  shall  refuse  to  approve  the  payroll  for  such  position until such
  certificate is filed. Appointments from a  military  re-employment  list
  may  be  made  without  regard  to  the  order of standing on said list.
  Eligibility for appointment from such military re-employment list  shall
  not  continue  for  a  period  longer  than  four years from the date of
  termination of military duty. Refusal to accept an offer of  appointment
  to  a  position  similar  to the last held by such public employee shall
  cause the removal of his name from such list. Upon a failure or  refusal
  to  comply with the provisions of subdivisions eleven and twelve of this
  section, the supreme court is empowered, upon the filing of  a  petition
  or  other  appropriate  pleading, by the public employee entitled to the
  benefits  of  such  provisions,  to  specifically   require   compliance
  therewith, and may, as an incident thereto, compensate such employee for
  any  loss of wages suffered by reason of such unlawful action. The court
  shall order a speedy hearing in any such case and shall  advance  it  on
  the calendar. Nothing in this subdivision shall be construed to apply to
  positions in the exempt class of the classified civil service.
    13. Temporary positions. The provisions of subdivisions three and five
  of  this  section shall not be applicable to a public employee holding a
  temporary position, but such employee  shall,  nevertheless,  be  placed
  upon a military re-employment list, as provided in subdivision twelve of
  this section and, so far as practicable, shall be restored to a position
  similar to that held at the time such employee entered military duty.
    14.  Public employees appointed for a definite term. A public employee
  appointed for a definite term shall be deemed to have a leave of absence
  until the end of his term of office and until  his  successor  has  been
  appointed, but not thereafter, for the purpose of determining his rights
  under this section.
    15.  Elective  officers.  The  provisions  of subdivision four of this
  section shall be applicable to an  elective  officer  and  he  shall  be
  deemed  to  continue in his office until his successor has been elected,

  but not thereafter, for the purpose of determining his rights under such
  subdivision. No other provisions of this section shall be applicable  to
  elective officers.
    16.  Salaries.  Nothing in this section shall be construed to give any
  public employee any claim for salary or compensation during his  absence
  on military duty.
    17. Certificates as to service. A certificate signed by the commander,
  total  army  personnel center as to persons in the army or in any branch
  of the United States service while serving pursuant to law with the army
  of the United States, signed by the commander, naval military  personnel
  as to persons in the United States service while serving pursuant to law
  with the United States navy, and signed by the commandant, United States
  marine  corps, as to persons in the marine corps, or in any other branch
  of the United States service while serving  pursuant  to  law  with  the
  marine  corps,  signed by the chief, air force military personnel center
  as to persons in the United States service while serving pursuant to law
  with the United States air force or signed by an officer  designated  by
  any of them, respectively, for the purpose, shall when produced be prima
  facie  evidence  as  to  any  of  the  following  facts  stated  in such
  certificate: That a person named has not been, or is,  or  has  been  in
  military  service; the time when and the place where such person entered
  military service, his residence at that time, and the rank, branch,  and
  unit  of  such service that he entered, the dates within which he was in
  military service, the monthly pay received by such person at the date of
  issuing the certificate, the time when and the place where  such  person
  died  in  or  was  discharged  from  such service. It is the duty of the
  foregoing officers to furnish such certificate on application,  and  any
  such  certificate  when  purporting  to  be  signed  by  any one of such
  officers, or by any person purporting upon the face of  the  certificate
  to  have  been  so  authorized,  shall  be  prima  facie evidence of its
  contents and of the authority of the signer to issue the same.
    18. Rights and privileges of public employees and other persons  while
  engaged in essential war work. Every public employee, or other person to
  whom  this  section  is applicable, who has been or may be discharged or
  relieved from  military  duty  on  condition  that  he  engage  in  work
  essential  to  the  prosecution  of  the  war,  shall be entitled, while
  engaged in such work, to all the rights and privileges to which he would
  have been entitled,  under  the  provisions  of  this  section,  had  he
  continued  to  perform  military duty. A certificate of the war manpower
  commission, or of the United States employment service, or of the proper
  authorities in the armed forces of the United States, or  of  any  other
  authorized  federal  agency,  that  any  such  public employee, or other
  person to whom this section is applicable,  is  or  has  been,  for  the
  period  stated  in  such  certificate,  engaged  in  such work, shall be
  required in order to confer upon such employee or person the rights  and
  privileges  accorded  by this subdivision, and such certificate shall be
  presumptive evidence of such facts.
    19. Leaves of absence and re-employment of certain teachers and school
  supervisors. A member of the teaching or supervising staff in  a  school
  district  other  than  a  school  district employing a superintendent of
  schools shall be entitled to absent  himself  from  his  position  while
  engaged  in the performance of military duty and shall be deemed to have
  a leave of absence for the duration of such military duty.  Such  person
  shall  be  reinstated  to his position provided he makes application for
  such reinstatement within ninety  days  after  the  termination  of  his
  military  duty,  notwithstanding  that  his  contract  with  the  school
  district shall have expired.

    20. Payment of pension contributions by city of New York. A.  As  used
  in this subdivision:
    (1) the term "New York city member" shall mean any public employee (a)
  who  was  granted a leave of absence for the period of his military duty
  pursuant to the provisions of subdivision two of this  section  and  who
  was  on  April  eleventh,  nineteen hundred forty-seven, or shall become
  prior to January first, nineteen hundred  fifty-two,  a  member  of  any
  pension  or  retirement  system  to  which  the  city  of  New York, the
  Triborough bridge and tunnel authority, or the  New  York  city  housing
  authority  is  required  by law to make contributions on account of such
  employee,  or  (b)  who  was  on  April   eleventh,   nineteen   hundred
  forty-seven,  or shall thereafter become a member of any such system and
  who is or shall  be  entitled  to  seniority  credit  and  training  and
  experience  credit under the provisions of subdivision seven, seven-a or
  seven-b of this section by reason of appointment from an  eligible  list
  or  special  eligible  list,  but such term shall not include any public
  employee whose rights as to civil compensation are or were  governed  by
  section six of chapter six hundred eight of the laws of nineteen hundred
  fifty-two;
    (2)  the  term  "system"  shall  mean any pension or retirement system
  referred to in subsection (1) of paragraph A of this subdivision.
    B. Except as otherwise provided in paragraphs  C,  D  and  E  of  this
  subdivision,  any  New  York  city member shall have as to any period of
  military duty performed by him the same rights and shall be entitled  to
  the same benefits in respect to his membership in any system as he would
  have  had  if  he  had  been  present  and  continuously  engaged in the
  performance of the duties
    (1) of the position from which he  was  granted  a  leave  of  absence
  pursuant  to the provisions of subdivision two of this section, if he is
  not entitled to seniority and training and experience credit as provided
  by subdivision seven, seven-a or seven-b of this section,  and  was  not
  appointed   to  a  position  while  on  military  duty  as  provided  by
  subdivision six of this section, or
    (2) if he was granted  such  leave  and  received  an  appointment  as
  provided  by subdivision six of this section, of the position from which
  he received such leave of absence, up to the date of  such  appointment,
  and thereafter as if he had been present and continuously engaged in the
  performance of the duties of such position to which he was appointed, or
    (3)  if  granted  such  leave  of  absence  and  entitled to credit as
  provided by subdivision seven, seven-a or seven-b of  this  section,  of
  the  position from which he was granted such leave of absence, up to the
  date upon which he is deemed to have been appointed as provided in  such
  subdivision  seven,  seven-a or seven-b and thereafter as if he had been
  present and continuously engaged in the performance of the duties of the
  position with respect to which the date on which he is  deemed  to  have
  been  appointed  is  specified  by  such  subdivision  seven, seven-a or
  seven-b, or
    (4) if he did not receive such leave, but is entitled to credit  under
  such  subdivision seven, seven-a or seven-b, of the position to which he
  is deemed to have been appointed on the date specified therein,  and  as
  if  he  had actually been appointed and had entered upon the performance
  of the duties of such position upon such date.
    C. No New York city member shall be entitled to  any  of  the  rights,
  benefits or credit conferred by this subdivision with respect to
    (1)  any period of military duty, or portion thereof, during which the
  military base pay of such member or his compensation for  military  duty
  performed other than as a member of the armed forces, exceeded the civil
  compensation  of  the  position  or  positions with respect to which his

  rights and benefits for the corresponding period or portion thereof  are
  determined by the provisions of paragraph B of this subdivision, or
    (2)  any  period of military duty or portion thereof prior to the date
  upon which any member, who was not granted a leave of  absence  pursuant
  to  the provisions of subdivision two of this section, is deemed to have
  been appointed by virtue of the provisions of subdivision seven, seven-a
  or seven-b of this section.
    As to any period of military duty or portion thereof  referred  to  in
  subsection  (1)  of  this  paragraph, the rights of any such member with
  respect to membership in any system shall be governed by the  provisions
  of subdivision four of this section.
    D.  Time  during which any New York city member was absent on military
  duty shall not constitute an interruption of continuous employment  and,
  except  as  provided in paragraph C of this subdivision, such time shall
  be counted and included in determining the length of total service.
    E. Upon the death or retirement of a New York  city  member,  but  not
  otherwise,  the  city  of  New  York,  the  Triborough bridge and tunnel
  authority, or the New York city housing authority (whichever shall  have
  first  employed  such member after the termination of his military duty)
  shall pay into the appropriate fund of the system in which  such  member
  held  membership  at  the time of his death or retirement, the amount of
  all contributions which such member would have been required to make if,
  during the period of his military duty, he  had  been  present  and  had
  continuously  performed  the  duties  of  the position or positions with
  respect to which his rights and benefits during the corresponding period
  or portion thereof are determined by the provisions of  paragraph  B  of
  this  subdivision;  provided  that  such city or authority shall not pay
  into any such fund any contributions payable or accruing for any  period
  of  military duty or portion thereof, referred to in paragraph C of this
  subdivision. Each such member shall be credited with such  contributions
  paid  in  his  behalf  by  such  city  or  authority  for all pension or
  retirement purposes; provided that (1) any  portion  of  any  retirement
  allowance, pension, death benefit or other benefit or right derived from
  such  contributions  paid  in  behalf  of  such  member  by such city or
  authority, shall  be  such  amount  as  the  payment  required  by  this
  paragraph,  made  at  the time herein specified, shall provide, (2) such
  member shall not under any circumstances have the right to withdraw  the
  amount  of such contributions, or any interest thereon, as a part of his
  accumulated deductions or otherwise, and (3) such contributions shall be
  excluded in determining the amount of any loan  which  any  such  member
  shall be entitled to make.
    F.  In  any case where any New York city member has heretofore paid or
  shall hereafter pay to any system any contributions which  the  city  of
  New  York,  the  Triborough bridge and tunnel authority, or the New York
  city housing authority  is  required  to  pay  to  such  system  by  the
  provisions  of this subdivision, such contributions shall be regarded as
  excess contributions  which  are  (1)  creditable  in  lieu  of  regular
  contributions  (a)  upon the return of such member to his position after
  the termination of his military duty, or (b) upon his becoming a  member
  of  such  system,  if he did not become a member thereof until after the
  termination of such duty, or (2) payable in addition to  other  benefits
  upon separation meanwhile with benefit.