2006 New York Code - 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.