State Codes and Statutes

Statutes > New-york > Mil > Article-11 > 244

§ 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.

State Codes and Statutes

Statutes > New-york > Mil > Article-11 > 244

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mil > Article-11 > 244

§ 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.