N.Y. Military Law Section 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.

Source: Section 244 — Members of pension system absent on military duty, https://www.­nysenate.­gov/legislation/laws/MIL/244 (updated Sep. 22, 2014; accessed Apr. 20, 2024).

235
Relief from civil or criminal liability 235‑A
Income and resources not to include agent orange benefits 236
Right of way 237
Free passage through toll-gates and tunnels and over toll-bridges and ferries 238
Converting military property 238‑A
Damaging military or naval equipment, supplies or stores 238‑B
Seizing military stores belonging to the state 238‑C
Wearing of uniforms 239
Trespassers and disturbers to be placed in arrest 240
Military parades and organizations by unauthorized bodies prohibited 240‑A
Historic military commands 241
Devises and bequests 242
Rights of public officers and employees absent on military duty as members of the organized militia or of reserve forces or reserve compo... 243
Provisions applicable to public employees who are absent on military duty 243‑A
Non-contributory retirement service credit for members of the New York state and local retirement systems or the New York state teachers’... 243‑B
Civil service examinations by military personnel 243‑B*2
Payment of certain pension contributions by the city of New York 243‑C
Application period for civil service examinations for military personnel 243‑D
Non-contributory retirement service credit for members of the New York state and local retirement systems, the New York city retirement s... 244
Members of pension system absent on military duty 244‑A
Credit to members of public retirement systems for military service performed during war 245
Retirement allowances of certain war veterans 246
Leave of absence for public employees who are war veterans to continue study 247
Medals and decorations 248
Oaths 249
State and municipal officers and employees granted leaves of absence on July fourth in certain cases 250
Recording certificates of honorable discharge 250‑A
Lt 251
Depriving members of organized militia of employment 252
Discrimination against members of organized militia 253
Military service by parent 254
Video teleconferencing for families of persons ordered to active duty 255
Benefit information for national guard members and families
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 244’s source at nysenate​.gov

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