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This entry was published on 2014-09-22
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SECTION 244
Members of pension system absent on military duty
Military (MIL) CHAPTER 36, ARTICLE 11
§ 244. Members of pension system absent on military duty. 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.