1.A member who is absent while serving in the armed services of the United States or
its allies and is discharged or separated from the armed services under honorable conditions
shall have the period or periods of absence while serving in the armed services, not in
excess of four years unless any period in excess of four years is at the request and for
the convenience of the federal government, included as part of the member’s period of
service in the department. The member shall not continue the contributions required of the
member under section 411.8 during the period of military service, if the member, within
one year after the member has been discharged or separated under honorable conditions
from military service, returns and resumes duties in the department, and if the member is
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1. A member who is absent while serving in the armed services of the United States or
its allies and is discharged or separated from the armed services under honorable conditions
shall have the period or periods of absence while serving in the armed services, not in
excess of four years unless any period in excess of four years is at the request and for
the convenience of the federal government, included as part of the member’s period of
service in the department. The member shall not continue the contributions required of the
member under section 411.8 during the period of military service, if the member, within
one year after the member has been discharged or separated under honorable conditions
from military service, returns and resumes duties in the department, and if the member is
declared physically capable of resuming duties upon examination by the medical board.
A period of absence may exceed four years at the request and for the convenience of the
federal government.
2. In the case of a member’s death occurring on or after January 1, 2007, if the member
dies while performing qualified military service as defined in section 414(u) of the Internal
RevenueCode, thesurvivorsofthememberareentitledtoanyadditionalbenefitsprovidedby
thesystemasifthememberhadresumedmembershipserviceandhaddiedasthenaturaland
proximate result of an injury or disease incurred in or aggravated by the actual performance
of duty at some definite time and place.
3. Inthecaseofamember’sdisabilityincurredwhileperformingqualifiedmilitaryservice
as defined in section 414(u) of the Internal Revenue Code, the member shall be treated as
a member in good standing, whether or not the member returns to membership service,
and shall be permitted to file an application for an ordinary disability retirement benefit as
provided in section 411.6.
4. In the case of a member’s death or disability occurring on or after January 1, 2007, if
thememberisunabletoresumemembershipserviceasaresultofdeathordisabilityincurred
while performing qualified military service as defined in section 414(u) of the Internal
Revenue Code, the member shall be treated as if the member had returned to membership
service and the period of military service shall be treated as membership service.
5. For years beginning after December 31, 2008, if a member who is absent while serving
in the armed services of the United States is receiving a differential wage payment, as
defined in section 3401(h)(2) of the Internal Revenue Code, from a participating city, all of
the following shall apply:
a. The member is treated as an employee of the employer making the payment and as an
active member of the system.
b. The differential wage payment is treated as earnable compensation of the member.
c. The system is not treated as failing to meet the requirements of any provision described
in section 414(u)(1)(C) of the Internal Revenue Code by reason of any contribution or benefit
which is based on the differential wage payment.
6. Notwithstanding any provisions of this chapter to the contrary, contributions, benefits,
and service credit with respect to qualified military service shall be provided in accordance
with section 414(u) of the federal Internal Revenue Code.