§88-140  Duration of service member'sstatus.  (a)  An active member of the system who leaves active service ofthe State or any county for the purpose of entering the military service of theUnited States in time of war or declared national or state emergency, or iscalled involuntarily to active duty after June 24, 1950, shall be entitled tothe benefits of sections 88-134, 88-135, and 88-137:

(1)  For so long as the member remains in activefull-time military service, up to an aggregate of five years; and

(2)  For an additional period ending on the earlierof:

(A)  The ninety-first day after the terminationof the member's eligibility for benefits pursuant to paragraph (1); or

(B)  The day the member returns to the activeservice of the State or a county.

(b)  If a service member resigns fromemployment by the State or a county and waives the service member's right toreemployment, the service member's status shall be the same as a regular memberwho terminated the regular member's employment as of the earlier of:

(1)  The effective date of the service member'sresignation from employment; or

(2)  The expiration of the service member's rightsunder subsection (a). [L 1951, c 262, pt of §3; RL 1955, §6-119; HRS §88-130;am L 1969, c 61, §1 and c 110, pt of §1; gen ch 1985; am L 2006, c 169, §25]