N.Y. Military Law § 244: Members of pension system absent on military duty

§ 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.