§ 244 — Members of pension system absent on military duty

§ 244. Members of pension system absent on military duty. Where any\nduly elected office holder, or any officer or employee of the state or\nany municipality or political subdivision thereof, who is a member of\nany pension or retirement system, entered or enters the armed forces of\nthe United States before his term of office expired or expires, and\nprior to the date when he first would be eligible for pension benefits\nor payments provided for under such pension or retirement system of\nwhich he is a member had he continued in the office or employment of the\nstate or such municipality or political subdivision, he may, during the\nperiod he is in the armed forces of the United States, remain a member\nof such pension or retirement system provided he paid or pays into such\nsystem monthly, until the date his term of office expired or expires,\nsuch amount as he would have paid if he had been present and\ncontinuously engaged in the performance of his regular duties as such\noffice holder, officer or employee and provided that after his term of\noffice expired or expires he paid or pays into such pension or\nretirement system monthly, such full and entire amount as he\nindividually would have paid, together with such amount as would have\nbeen paid on his behalf by the state or such municipality or political\nsubdivision of which he was an office holder, officer or employee, had\nhe continued as such office holder, officer, or employee and had been\npresent and continuously engaged in the regular performance of his\nduties, and he shall have and be entitled to the same rights in respect\nto membership in such pension or retirement system and the rights and\nobligations provided thereunder, as he would have had if he had\ncontinued as such office holder, officer or employee and had been\npresent and continuously engaged in the regular performance of his\nduties except that a disability or injury occurred or an accidental\ndeath occurring while a member of the armed forces of the United States\nshall not entitle such office holder, officer or employee, his\nbeneficiaries or representatives to any disability or accidental death\nbenefits.\n The provisions of this section shall be construed to include all\nelected office holders, officers or employees of the state or of a\nmunicipality or political subdivision thereof, whose term of office\nexpired since January first, nineteen hundred forty-one, and who since\nJanuary first, nineteen hundred forty-one, entered the armed forces of\nthe United States, provided such office holder, officer or employee\nshall on or before July first, nineteen hundred forty-eight notify the\nfiscal officer of such pension or retirement system in writing that he\nhas determined to take advantage of the rights and privileges afforded\nhim hereunder and provided further that he pays within five years the\nfull amount required to be paid into such system by him as provided for\nunder this section and not already paid by him.\n