Section 244. Members of pension system absent on military duty  


Latest version.
  • Where any
      duly elected office holder, or any officer or employee of the  state  or
      any  municipality  or  political subdivision thereof, who is a member of
      any pension or retirement system, entered or enters the armed forces  of
      the  United  States  before  his  term of office expired or expires, and
      prior to the date when he first would be eligible for  pension  benefits
      or  payments  provided  for  under  such pension or retirement system of
      which he is a member had he continued in the office or employment of the
      state or such municipality or political subdivision, he may, during  the
      period  he  is in the armed forces of the United States, remain a member
      of such pension or retirement system provided he paid or pays into  such
      system  monthly,  until  the date his term of office expired or expires,
      such  amount  as  he  would  have  paid  if  he  had  been  present  and
      continuously  engaged  in  the performance of his regular duties as such
      office holder, officer or employee and provided that after his  term  of
      office  expired  or  expires  he  paid  or  pays  into  such  pension or
      retirement  system  monthly,  such  full  and  entire   amount   as   he
      individually  would  have  paid, together with such amount as would have
      been paid on his behalf by the state or such municipality  or  political
      subdivision  of  which he was an office holder, officer or employee, had
      he continued as such office holder, officer, or employee  and  had  been
      present  and  continuously  engaged  in  the  regular performance of his
      duties, and he shall have and be entitled to the same rights in  respect
      to  membership  in  such pension or retirement system and the rights and
      obligations provided  thereunder,  as  he  would  have  had  if  he  had
      continued  as  such  office  holder,  officer  or  employee and had been
      present and continuously engaged  in  the  regular  performance  of  his
      duties  except  that  a  disability  or injury occurred or an accidental
      death occurring while a member of the armed forces of the United  States
      shall   not  entitle  such  office  holder,  officer  or  employee,  his
      beneficiaries or representatives to any disability or  accidental  death
      benefits.
        The  provisions  of  this  section  shall  be construed to include all
      elected office holders, officers or employees  of  the  state  or  of  a
      municipality  or  political  subdivision  thereof,  whose term of office
      expired since January first, nineteen hundred forty-one, and  who  since
      January  first,  nineteen hundred forty-one, entered the armed forces of
      the United States, provided such  office  holder,  officer  or  employee
      shall  on  or before July first, nineteen hundred forty-eight notify the
      fiscal officer of such pension or retirement system in writing  that  he
      has  determined  to take advantage of the rights and privileges afforded
      him hereunder and provided further that he pays within  five  years  the
      full  amount required to be paid into such system by him as provided for
      under this section and not already paid by him.