NY Mil L § 243 (2021)
2021 New York Laws MIL - Military Article 11 - Privileges, Prohibitions and Penalties 243 - Provisions Applicable to Public Employees Who Are Absent on Military Duty.

§ 243. Provisions  applicable  to  public  employees who are absent on military duty. 1. Definitions. As used in this section:  (a) The term "public employee"  shall  mean  an  officer  or  employee holding a position by appointment or employment in the state of New York or in the cities, counties, towns, villages or school districts thereof, or  in  any  other  political  or  civil  division  of the state or of a municipality, or in any public or special district, or in the service of any public authority, public benefit corporation, commission  or  board, or in any other branch of the public service.  (b)  The  term  "military  duty"  shall  mean  military service in the military, naval,  aviation  or  marine  service  of  the  United  States subsequent  to  July first, nineteen hundred forty, or service under the selective training and service act of nineteen  hundred  forty,  or  the national guard and reserve officers mobilization act of nineteen hundred forty, or any other act of congress supplementary or amendatory thereto, or any similar act of congress hereafter enacted and irrespective of the fact that such service was entered upon following a voluntary enlistment therefor or was required under one of the foregoing acts of congress, or service  with  the United States public health service as a commissioned officer, or service with the American Red Cross  while  with  the  armed forces  of  the  United  States  on foreign service, or service with the special services section of the armed forces of  the  United  States  on foreign  service,  or service in the merchant marine which shall consist of service as an officer or member of the crew on or in connection  with a  vessel  documented  under  the  laws of the United States or a vessel owned by, chartered to, or operated by or for the account or use of  the government  of  the United States, or service by one who was employed by the War Shipping Administration or Office of Defense  Transportation  or their  agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed  by  the United  States  Army Transport Service (later redesignated as the United States  Army  Transportation  Corps,  Water  Division)  or   the   Naval Transportation  Service;  and who served satisfactorily as a crew member during the period of armed conflict, December seventh, nineteen  hundred forty-one,  to  August  fifteenth,  nineteen  hundred forty-five, aboard merchant  vessels  in  oceangoing,  i.e.,  foreign,   intercoastal,   or coastwise  service  as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via  ocean  routes, or  public  vessels  in oceangoing service or foreign waters and who has received a Certificate of Release or Discharge from Active  Duty  and  a discharge  certificate,  or  an  Honorable Service Certificate/Report of Casualty, from the Department of Defense, or  who  served  as  a  United States  civilian  employed  by  the  American  Field  Service and served overseas under United States Armies and United  States  Army  Groups  in world  war  II  during  the  period of armed conflict, December seventh, nineteen  hundred  forty-one  through  May  eighth,   nineteen   hundred forty-five,  and  who  (i)  was  discharged  or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined  in section  three  hundred  fifty  of the executive law, and has received a discharge other than bad conduct or dishonorable from such  service,  or (iii)  is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than  bad conduct  or  dishonorable  from  such service, or who served as a United States civilian Flight Crew and Aviation Ground Support Employee of  Pan American  World Airways or one of its subsidiaries or its affiliates and served overseas  as  a  result  of  Pan  American's  contract  with  Air Transport  Command  or  Naval Air Transport Service during the period of  armed conflict, December fourteenth, nineteen hundred forty-one  through August  fourteenth,  nineteen  hundred  forty-five,  and  who  (iv)  was discharged or released therefrom under honorable conditions, or (v)  has a qualifying condition, as defined in section three hundred fifty of the executive  law,  and  has received a discharge other than bad conduct or dishonorable from such service, or (vi) is a discharged LGBT veteran, as defined in section three hundred fifty of the  executive  law,  and  has received  a  discharge  other than bad conduct or dishonorable from such service; or service in police  duty  on  behalf  of  the  United  States government  in a foreign country, if such person is a police officer, as defined by section 1.20 of the  criminal  procedure  law,  and  if  such police  officer obtained the prior consent of his or her public employer to absent himself or herself from his or her position to engage  in  the performance  of  such  service;  or  as an enrollee in the United States maritime service on active duty and, to such extent as may be prescribed by or  under  the  laws  of  the  United  States,  any  period  awaiting assignment  to  such service and any period of education or training for such service in any school or institution under the jurisdiction of  the United   States   government,   but  shall  not  include  temporary  and intermittent gratuitous service in any reserve or  auxiliary  force.  It shall  include  time  spent in reporting for and returning from military duty and shall be deemed to commence when the public employee leaves his position and to end when he is reinstated to his position, provided such reinstatement is within ninety days after the  termination  of  military duty,  as  hereinafter defined. Notwithstanding the foregoing provisions of this paragraph, the term "military duty" shall not include any of the foregoing services entered upon voluntarily on or after  January  first, nineteen  hundred  forty-seven  and  before  June twenty-fifth, nineteen hundred fifty; and, on or after July first,  nineteen  hundred  seventy, the  term  "military  duty"  shall  not include any voluntary service in excess of four years performed after that date,  or  the  total  of  any voluntary  services,  additional  or  otherwise, in excess of four years performed after that date, shall not exceed five years, if  the  service in excess of four years is at the request and for the convenience of the federal government, except if such voluntary service is performed during a period of war, or national emergency declared by the president.  (c)  The  term "termination of military duty" shall mean the date of a certificate of honorable discharge or a  certificate  of  completion  of training  and service as set forth in the selective training and service act of nineteen hundred  forty,  and  the  national  guard  and  reserve officers mobilization act of nineteen hundred forty or, or a certificate of  release  or  discharge  from active duty where an employee (i) has a qualifying condition, as defined in section three hundred fifty  of  the executive  law,  and  has received a discharge other than bad conduct or dishonorable from such service, or (ii) is a discharged LGBT veteran, as defined in section three hundred fifty of the  executive  law,  and  has received  a  discharge  other than bad conduct or dishonorable from such service, or in the event of the incurrence  of  a  temporary  disability arising  out  of  and  in  the course of such military duty, the date of termination of such disability. The existence and  termination  of  such temporary  disability,  in  the  case  of  a public employee occupying a position in the classified civil service or of a person on  an  eligible list  for  a  position in such service, shall be determined by the civil service commission having jurisdiction over such position  and,  in  the case  of  a  public  employee occupying a position not in the classified civil service, shall be determined by the officer  or  body  having  the power of appointment.  (d)  The  term  "position" shall mean the office or position held by a public employee at the time of his entrance upon military duty.   2. Leave of absence and re-employment. (a) Every public employee shall be  entitled to absent himself or herself from his or her position while engaged in the performance of military duty,  except  for  those  police officers  who  are  required by paragraph (b) of subdivision one of this section to obtain the prior consent of  their  public  employers  before absenting  themselves  from  their  positions  for military service, who accordingly shall be entitled to absent themselves from their  positions only  after  obtaining such prior consent, and shall be deemed to have a leave of absence for the duration of such  military  duty.  Such  public employee  shall  be  reinstated  to  his  position  as  soon as possible provided he makes application for such reinstatement within ninety  days after  the  termination  of his military duty, or at any time during his terminal leave. Thereafter, he may be so reinstated, at any  time  after such  ninety-day period and within one year after the termination of his military duty, in the discretion of the appointing officer or body.  (b) A public employee  who  resigned  from  his  position  during  his military  duty,  or  within six months prior to the commencement of such military duty, may, in the discretion of the appointing officer or body, be reinstated to his position within one year  after  the  date  of  his resignation,  excluding  from  said  period  the time he was on military duty. Every public employee reinstated  under  the  provisions  of  this subdivision  or  pursuant  to  subdivision  one-a of rule sixteen of the rules for the classified civil service for the state or pursuant to  any comparable rule of a municipal civil service commission, shall be deemed to  have  been  on  a  leave of absence for the duration of his military duty.   3. Substitutes. A position held by a public employee who is absent  on military  duty  shall,  so far as practicable, be continued in existence but shall be deemed temporarily vacant and shall be filled only when the public interest so requires. Any appointment to fill such vacancy  shall be   designated   as  a  substitute  appointment  and  the  request  for certification, the certification and the indicia  of  appointment  shall show  that  the  person  is  being appointed as a substitute. Any public employee, who accepts appointment as a substitute  shall  be  granted  a leave  of absence from his former position until the termination of such appointment and the temporary  vacancy  resulting  from  such  leave  of absence  shall be filled in like manner only when the public interest so requires and any appointment to such position shall also  be  designated as  a  substitute  appointment  and  the  request for certification, the certification and the indicia of appointment shall show that the  person is  being  appointed  to  such  position  as  a  substitute.  Every such substitute appointment shall be for a period not exceeding the leave  of absence of the former incumbent and shall be made in accordance with the provisions  of  law applicable to such position, provided, however, that such substitute appointment may be continued for a period in  excess  of one year, notwithstanding the provisions of section fifteen of the civil service  law.  Such  substitute  employee  shall  acquire  no  right  to permanent appointment or tenure by virtue of his service as a substitute and such service may be terminated at any time in the discretion of  the appointing  officer  or  body.  His  rights,  if  any,  with  respect to appointment or tenure, shall not, however, be impaired in any way by his acceptance of an appointment as a substitute and his name  shall  remain on  any eligible or other list and he shall be certified as eligible for any other appointment authorized by law during  the  existence  of  such list.    The appointment of a substitute shall terminate (a) upon the return of the  former incumbent to his position or (b) upon the death or permanent total disability of the former incumbent or  (c)  upon  failure  of  the former incumbent to return to said position within ninety days after the termination  of  his  military  duty  or  (d)  upon  the  appointment or promotion of the former incumbent to another position as  authorized  by subdivision  six of this section, and, upon the happening of any of such events, said position may then be filled in the manner provided by law.   4. Pensions. Any public employee who is a member  of  any  pension  or retirement  system  may  elect, while on military duty, to contribute to such pension or  retirement  system  the  amount  which  he  would  have contributed  had  his  employment  been  continuous and upon making such contribution he shall have the same rights in respect to  membership  in the  retirement  system  as he would have had if he had been present and continuously engaged in the performance of the duties of his position.   Time during which a member  is  absent  on  military  duty  shall  not constitute an interruption of continuous employment, but such time shall not  be  counted  or included in determining the length of total service unless such member contributes to the retirement system the amount he or she would have been required  to  contribute  if  he  or  she  had  been continuously employed during such period. Such contribution, or any part thereof,  may  be  paid  at  any  time  and  from time to time, while in military duty, or within five  years  after  the  date  of  his  or  her restoration  to  his  or  her  position or before December thirty-first, nineteen hundred sixty-two, whichever date is later, or in the event  of the death of the member while in military duty such contribution, or any part  thereof,  may  be  paid  by  the  named  beneficiary  or the legal representative of the member's estate within one year following proof of such death. A member of the New York state employees' retirement  system or  of  the  New York state and local police and fire retirement system, other than a member of the state police in a collective negotiating unit established pursuant to article fourteen of the civil service  law,  who is  in  the  employ of the state on March thirty-first, nineteen hundred seventy, who failed to make such  contributions  during  the  prescribed period of time may nonetheless obtain credit for time during which he or she  was  on  military duty by depositing with such retirement system an amount equal to the contribution he or she would have made had he or she made a timely election,  with  regular  interest,  on  or  before  March thirty-first,  nineteen  hundred  seventy-two,  provided,  however, such member may elect to deposit such amount over a period of time no greater than the period for which credit is being claimed, in  which  case  such payments  must  commence  no  later  than  March  thirty-first, nineteen hundred seventy-two. If the full amount of such payments is not paid  to the   retirement  system,  the  amount  of  service  credited  shall  be proportional to the total amount of the payments made. A member  of  the New  York  state  and  local  police and fire retirement system who is a member of the state police in a collective negotiating unit  established pursuant  to  article  fourteen  of the civil service law, who is in the employ of the state on March thirty-first, nineteen hundred seventy-one, who failed to make such contributions during the  prescribed  period  of time  may  nonetheless obtain credit for time during which he or she was on military duty by depositing with such  retirement  system  an  amount equal to the contribution he or she would have made had he or she made a timely election, with regular interest, on or before March thirty-first, nineteen  hundred  seventy-two, provided, however, such member may elect to deposit such amount over a period of time no greater than the  period for  which  credit  is  being  claimed, in which case such payments must commence no later than March thirty-first, nineteen hundred seventy-two.  If the full amount of such  payments  is  not  paid  to  the  retirement system,  the  amount  of  service  credited shall be proportional to the total amount of the payments made.   A  member  of  the  New  York state teachers' retirement system, whose service terminates on the expiration of his contract, and for whom there is no employer to cover the cost of his accruing pension rights while in military service following the cessation of his  contract,  may  pay  in addition  to his own contributions, an amount equal to the percentage of his salary which his employer would have  paid  had  he  remained  under contract,   which   contributions   shall   be  paid  into  the  pension accumulation fund of the aforementioned retirement system and be treated as if they had been continued by his employer except that in  the  event of his death as a member prior to retirement or on his withdrawal of his accumulated  contributions  from  the system, the amounts so paid by him shall be returnable, with regular interest, as if they were  a  part  of his  accumulated  contributions. Such contributions or any parts thereof may be paid at any time and from time to time while in military duty  or within  five  years  after  the  member  has  returned  to public school teaching in New York state or  before  December  thirty-first,  nineteen hundred sixty-two, whichever date is later.   Any  such  member,  while on military duty, or his beneficiary, as the case may be, shall be entitled to all benefits of the retirement  system of  which  he  is  a  member except accidental disability retirement and accidental death benefit.   Any public employee holding a position by appointment who is or was  a member  of  any  pension or retirement system and who, while such member and while on military duty, applied for retirement as a member  of  such system to take effect within thirty days prior to the date of expiration of  his appointment and who shall accordingly have been retired pursuant to such application but thereafter and  within  thirty  days  after  the effective  date  of  such  retirement shall have been reappointed to his said position and shall have applied  thereafter,  before  or  upon  his release from military duty, for membership in such pension or retirement system,  shall  be  deemed  to  have  had  continuous membership in such pension or retirement system and shall be entitled to  all  the  rights, benefits  and  privileges under his contract of membership as it existed at the time of  such  retirement,  provided  he  shall  (1)  return  any pension,  annuity  and  retirement  allowance  payments  received by him during the period of such retirement, (2) consent to the termination  of his  right  to receive pension, annuity or retirement allowance payments on the basis of such retirement, (3) pay into the  appropriate  fund  of such  pension  or retirement system the amount he would have contributed thereto, if he had not so retired, on the basis of  the  salary  he  was receiving  when  he so retired, and (4) pay into the appropriate fund of such pension or retirement system the amount which  his  employer  would have  paid thereto on his account if he had continued as a member during such period of retirement.   4-a. Notwithstanding  the  provisions  of  subdivision  four  of  this section,  in  any  case  where  any  member of any pension or retirement system maintained under any provision of the administrative code of  the city  of  New York, or under section twenty-five hundred seventy-five of the education law, did not, within five years  after  the  date  of  the restoration  of  such  member  to  his  position,  pay  the contribution required by such subdivision four to be paid within such  period,  as  a prerequisite  to  obtaining service credit in such system for the period of his military duty, such contribution, or any part  thereof  remaining due,  may  be  paid  on  or  before  June  thirtieth,  nineteen  hundred fifty-seven, provided that any  such  member  who,  on  or  before  such  last-mentioned  date,  retires  or  is retired, without having paid such contribution, shall not be entitled to make such payment.   4-b.  (a)  As used in this subdivision, the following terms shall mean and include:  (1) "New York city veteran of world war II". Any  member  of  the  New York  city  employees'  retirement system in city-service who, after his last membership in such system began, served as a member  of  the  armed forces  of  the  United  States  during the period beginning on December seventh, nineteen hundred forty-one and ending on December thirty-first, nineteen hundred forty-six, and (i) was honorably discharged or released under  honorable  circumstances  from  such  service,  or  (ii)  has   a qualifying  condition,  as defined in section three hundred fifty of the executive law, and has received a discharge other than  bad  conduct  or dishonorable  from  such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and  has received  a  discharge  other than bad conduct or dishonorable from such service.  (2) "New York city veteran of the Korean conflict." Any member of  the New  York  city  employees' retirement system in city-service who, after his last membership in such system began, served  as  a  member  of  the armed  forces  of  the  United States during the period beginning on the twenty-seventh of  June,  nineteen  hundred  fifty  and  ending  on  the thirty-first  day  of  January, nineteen hundred fifty-five, and (i) was honorably discharged or released under honorable circumstances from such service, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a  discharge  other than  bad  conduct  or  dishonorable  from  such  service, or (iii) is a discharged LGBT veteran, as defined in section three  hundred  fifty  of the  executive  law, and has received a discharge other than bad conduct or dishonorable from such service.  (b) Notwithstanding any provision of subdivision four of this  section to  the  contrary, any New York city veteran of World War II or New York city veteran of the Korean conflict who did not, within  the  applicable period  of  time  prescribed by subdivision four of this section, comply with the requirements of such subdivision for obtaining  service  credit in  the New York city employees' retirement system for the period of his military duty, may, by a written application  duly  executed  and  filed with the board of estimate of the city of New York, prior to July first, nineteen  hundred  sixty-nine, elect to purchase such service credit. If such veteran shall pay to such retirement system, prior to  July  first, nineteen  hundred sixty-nine, the amount which he would have contributed thereto if he had been  continuously  employed  during  such  period  of military  duty,  he  shall  have  in  such retirement system the service credit which he could have obtained for such period of military duty  if he  had  complied  with the requirements of such subdivision four within the period of time therein prescribed.   5. Rights upon restoration to position. A public employee restored  to his  position  after  the  termination of his military duty or after the termination of his substitute appointment shall thereafter  be  entitled to  the  rate  of compensation he would have received had he remained in his position continuously during such period of military duty or  during such  period  of  service  as  a  substitute and shall be deemed to have rendered satisfactory and efficient service in such position during  the period  of  his  leave of absence and shall not be subjected directly or indirectly to any loss of time service, increment, or any other right or privilege, or be prejudiced in any  way  with  reference  to  promotion, transfer,  reinstatement or continuance in office. If a public employee, by reason of injuries sustained or disease contracted while on  military  duty,  as  hereinbefore  defined, is incapable of efficiently performing the duties of his position after the termination of his  military  duty, he  may,  with  the  approval  of  the  civil  service commission having jurisdiction  of such position, be transferred to any vacant position in the same jurisdictional classification and in the same governmental unit for which he has applied in writing and for  which  he  has  been  found qualified,  after  such  tests  as  the commission may deem appropriate, provided the rate of compensation for such position is not greater  than the  rate of compensation for the position to which such public employee was restored. If a promotion examination is held while a public employee entitled to  participate  therein  is  on  military  duty,  such  public employee  shall  be  given  a  comparable examination, provided he makes request therefor within sixty days after restoration to his position. If he passes such examination his name  shall  be  placed  upon  a  special eligible  list  provided  that  his  name  would  have  been reached for certification between the date when he entered upon such  military  duty and  the  date  that  he was officially notified that he had passed such examination. Such special eligible list shall remain in existence for  a period of two years from the date that the name of such person is placed thereon  and  such  special  eligible  list  shall  be  certified before certification shall be  made  from  any  subsequent  or  eligible  list, whether   open  competitive,  promotion  or  preferred  which  has  been established for the same position, or from the  original  eligible  list for  such  position.  A  public  employee thus appointed after passing a comparable examination as herein provided, shall,  for  the  purpose  of computing  seniority  credit  and  training  and  experience credit upon promotion and seniority in the  event  of  suspension  or  demotion,  be deemed  to  have  been  appointed  on  the  earliest date upon which any eligible, who was lower on the  regular  promotion  eligible  list,  was appointed.   6.  Appointment while on military duty. Any appointing officer or body may, in his or its discretion, fill a  vacancy  by  the  appointment  or promotion  of a public employee or any other person legally eligible for such appointment or  promotion,  notwithstanding  the  absence  of  such person  or  employee  in military duty but such appointment or promotion shall not serve to increase in any degree any civil  compensation  which he  may  have  been  receiving  pursuant  to  section six of chapter six hundred eight of the laws of nineteen hundred fifty-two. Such  employee, upon  the  termination  of his military duty shall have the same rights, privileges and obligations as if he  had  served  continuously  in  such position from the date of his appointment thereto.   7.  Status of existing lists. Any person whose name is on any eligible list shall, while in military duty, retain his rights and status on such list. If the name of any such person is reached for certification during his military duty, it shall be placed on a special eligible list in  the order  of  his  original  standing,  provided  he makes request therefor following termination of his military duty and during the period of  his eligibility   on   such  list.  Such  list  shall  be  certified  before certification shall be  made  from  a  subsequent  open  competitive  or promotion  eligible  list  for  the  same  position or from the original eligible list for such position. Such names shall remain on such special eligible list for a period of two years after the  termination  of  such military  duty. Any such person thus appointed shall, for the purpose of computing seniority  credit  and  training  and  experience  credit  for promotion  and date of membership in the retirement system and seniority in the event of suspension or demotion, be deemed to have been appointed on the earliest date upon which any eligible, who was the lower on  such original  eligible  list,  was appointed, provided, however that service  credit shall be computed  from  the  actual  date  of  appointment.  The retirement  system  contributions  of  any  such  person  who  made  any contribution to the retirement system pursuant to  article  fourteen  or fifteen of the retirement and social security law, and who was appointed on  or after July twenty-seventh, nineteen hundred seventy-six shall not be refunded.   7-b. Status of applicants called for military duty before  taking  all parts  of  an  examination.  Any  person  who  has passed one or more of several parts of an examination for a  position  for  which  competitive examinations  are  required,  and  who has been prevented from taking or completing the remaining part or  parts  of  the  examination  for  such position  by reason of his service in military duty shall be afforded an opportunity to take a comparable examination as to such  remaining  part or parts, provided he makes request therefor during the period of ninety days  following  termination  of  his  military  duty. If he passes such examination his name shall  be  placed  upon  a  special  eligible  list provided that his name would have been reached for certification between the  date  when  he entered upon such military duty and the date that he was officially notified  that  he  had  passed  such  examination.  Such special  eligible  list  shall  remain  in existence for a period of two years from the date that the name of such person is placed thereon. Such special eligible list shall be certified before certification  shall  be made from a subsequent eligible list whether open competitive, promotion or  preferred  for  the same position or from the original eligible list for such position. Any such person thus appointed shall, for the purpose of computing seniority credit and training  and  experience  credit  for promotion  and  seniority  in  the  event  of suspension or demotion, be deemed to have been appointed  on  the  earliest  date  upon  which  any eligible  was  appointed who was lower on such original eligible list or lower in relative order of rating thereon than such  person  would  have been had his name been entered thereon.   8.  Service and efficiency ratings. A public employee who is absent on military duty shall be credited  with  the  average  of  the  efficiency ratings which he received for the three periods immediately prior to his absence  on  military  duty  but  such  rating  shall not be less than a passing grade for the period of such absence, nor shall it be less  than the  rating  which  he  received for the period immediately prior to his absence  on  military  duty.  In   computing   seniority   and   service requirements  for  promotion  eligibility,  such period of military duty shall be counted as service in the position held by such employee.   9. Probationary service. If a public employee or other  person  enters military  duty  before  the expiration of the probationary period in any position to which he may have theretofore been appointed, or to which he may thereafter be appointed or promoted pursuant to subdivision  six  of this  section,  the time he is absent on military duty shall be credited as satisfactory service during such probationary period.   9-a. Probationary service of teachers. Notwithstanding the  provisions of  subdivision five of this section and subdivision four of section two hundred forty-two of this chapter, in  any  case  where  a  teacher,  as defined  in  section thirty-one hundred one of the education law, enters military duty before the expiration of the probationary period to  which he  may  have  theretofore  been  appointed,  the  time  he is absent on military duty shall be credited  as  satisfactory  service  during  such probationary  period.  If  the  end  of such probationary service occurs while the teacher is on military duty or within one year  following  the termination  of  such  military  duty,  the  period of such probationary service may be extended by the local board of education for a period  of not  to  exceed  one  year from the date of termination of such military  duty, but in no event for a period of probationary service in the actual performance of teaching services, exclusive of  such  military  service, beyond  that  required  by  the school district at the time of his entry into military service.   10.  Physical  examination.  If a physical examination is required for employment in or promotion to any position in the  public  service,  the physical  disability  of  a  candidate  incurred  by  reason  of  injury sustained or disease contracted while in military duty, as  hereinbefore defined,  or  during the world war shall not be deemed to disqualify him for such position unless the disability  is  of  such  a  nature  as  to prevent him from efficiently performing the duties of such position.   10-a. Age requirements. If maximum age requirements are established by law,  or rule or by action of a civil commission for examination for, or for appointment or promotion to, any position in the public service, the period of military duty as hereinbefore defined, the period  of  service after  June  twenty-seventh, nineteen hundred fifty, voluntarily entered upon between January  first,  nineteen  hundred  forty-seven,  and  June twenty-seventh,  nineteen hundred fifty, if such service otherwise falls within the definition of military duty, and the period of terminal leave granted by the military authorities of a candidate or eligible shall not be included in computing the age of such candidate or eligible  for  the purposes  of  such  examination  or  appointment or promotion; provided, however, that  neither  shall  the  total  time  deducted  hereunder  in computing  the age of a candidate or eligible exceed seven years for any position including, but not limited to, in cities with a  population  of one million or more.   10-b.  If  a  public  employer  consolidates, abolishes, displaces, or demotes a position, in  accordance  with  section  eighty,  eighty-a  or eighty-five  of  the  civil  service  law, which is occupied by a public employee currently on active duty with the armed forces  of  the  United States,  as  pursuant to title ten, fourteen or thirty-two of the United States code, such employer shall comply  with  subdivisions  eleven  and twelve  of  this  section  and,  upon  the  termination  of  the  public employee's active duty, as defined in title ten, fourteen or  thirty-two of  the  United  States  code,  such  public employer shall provide full re-employment rights  warranted  to  such  employee  under  the  Federal Uniformed  Services  Employment  and  Reemployment  Rights  Act of 1994, provided, however, the right of  re-employment  under  this  subdivision does  not  entitle  such employee to displacement rights over any person with greater seniority. Such  public  employer  shall  not  abolish  any position  or  positions  solely based upon the fact that the position or positions are currently filled by an individual or  individuals  engaged in military duty.   11.  Preferred lists. If the position occupied by a public employee is abolished prior to the termination of his military duty his  name  shall be  placed  forthwith  upon a preferred list, as herein provided. Public employees in the competitive class of the civil service shall have their names placed upon a preferred eligible list, pursuant to the  provisions of  section  eighty-one  of  the  civil service law and public employees subject  to  sections  twenty-five  hundred  ten,  twenty-five   hundred eighty-five  and  twenty-five  hundred eighty-eight of the education law shall have their names placed upon a preferred list as provided in  such section.   12. Military re-employment lists. If the position occupied by a public employee, who is not included in the provisions of subdivision eleven of this  section,  has been abolished or is no longer in existence upon the termination of his military duty such employee, upon  filing  a  written request  within  ninety days after the termination of his military duty,  shall have his name placed  forthwith,  upon  a  military  re-employment list,  as  herein  provided,  for  the  position last held by him or any similar position. The military re-employment list for  public  employees in  the  classified  civil service, other than in the competitive class, shall be established by the civil service commission having jurisdiction of such position and such list for public employees who are not  in  the classified  civil  service shall be established by the officer who makes payment of the wages or salary for such position. Separate  lists  shall be  established for positions in the non-competitive and the labor class of the classified civil service. After the establishment of  a  military re-employment  list,  it  shall be made available to appointing officers and bodies and no position shall be filled until the appointing  officer or  body  certifies to the civil service commission or to the disbursing officer,  as  the  case  may  be,  that  no  person  on  such   military re-employment list, who formerly held the same or a similar position, is qualified to fill and willing to accept appointment to such vacancy. The civil  service commission or the disbursing officer, as the case may be, shall refuse to  approve  the  payroll  for  such  position  until  such certificate  is  filed.  Appointments from a military re-employment list may be made without regard to  the  order  of  standing  on  said  list. Eligibility  for appointment from such military re-employment list shall not continue for a period longer  than  four  years  from  the  date  of termination  of military duty. Refusal to accept an offer of appointment to a position similar to the last held by  such  public  employee  shall cause  the removal of his name from such list. Upon a failure or refusal to comply with the provisions of subdivisions eleven and twelve of  this section,  the  supreme court is empowered, upon the filing of a petition or other appropriate pleading, by the public employee  entitled  to  the benefits   of   such  provisions,  to  specifically  require  compliance therewith, and may, as an incident thereto, compensate such employee for any loss of wages suffered by reason of such unlawful action. The  court shall  order  a  speedy hearing in any such case and shall advance it on the calendar. Nothing in this subdivision shall be construed to apply to positions in the exempt class of the classified civil service.   13. Temporary positions. The provisions of subdivisions three and five of this section shall not be applicable to a public employee  holding  a temporary  position,  but  such  employee shall, nevertheless, be placed upon a military re-employment list, as provided in subdivision twelve of this section and, so far as practicable, shall be restored to a position similar to that held at the time such employee entered military duty.   14. Public employees appointed for a definite term. A public  employee appointed for a definite term shall be deemed to have a leave of absence until  the  end  of  his term of office and until his successor has been appointed, but not thereafter, for the purpose of determining his rights under this section.   15. Elective officers. The provisions  of  subdivision  four  of  this section  shall  be  applicable  to  an  elective officer and he shall be deemed to continue in his office until his successor has  been  elected, but not thereafter, for the purpose of determining his rights under such subdivision.  No other provisions of this section shall be applicable to elective officers.   16. Salaries. Nothing in this section shall be construed to  give  any public  employee any claim for salary or compensation during his absence on military duty.   17. Certificates as to service. A certificate signed by the commander, total army personnel center as to persons in the army or in  any  branch of the United States service while serving pursuant to law with the army of  the United States, signed by the commander, naval military personnel  as to persons in the United States service while serving pursuant to law with the United States navy, and signed by the commandant, United States marine corps, as to persons in the marine corps, or in any other  branch of  the  United  States  service  while serving pursuant to law with the marine corps, signed by the chief, air force military  personnel  center as to persons in the United States service while serving pursuant to law with  the  United States air force or signed by an officer designated by any of them, respectively, for the purpose, shall when produced be prima facie evidence  as  to  any  of  the  following  facts  stated  in  such certificate:  That  a  person  named has not been, or is, or has been in military service; the time when and the place where such person  entered military  service, his residence at that time, and the rank, branch, and unit of such service that he entered, the dates within which he  was  in military service, the monthly pay received by such person at the date of issuing  the  certificate, the time when and the place where such person died in or was discharged from such service.  It  is  the  duty  of  the foregoing  officers  to furnish such certificate on application, and any such certificate when purporting  to  be  signed  by  any  one  of  such officers,  or  by any person purporting upon the face of the certificate to have been so  authorized,  shall  be  prima  facie  evidence  of  its contents and of the authority of the signer to issue the same.   18.  Rights and privileges of public employees and other persons while engaged in essential war work. Every public employee, or other person to whom this section is applicable, who has been or may  be  discharged  or relieved  from  military  duty  on  condition  that  he  engage  in work essential to the prosecution  of  the  war,  shall  be  entitled,  while engaged in such work, to all the rights and privileges to which he would have  been  entitled,  under  the  provisions  of  this  section, had he continued to perform military duty. A certificate of  the  war  manpower commission, or of the United States employment service, or of the proper authorities  in  the  armed forces of the United States, or of any other authorized federal agency, that  any  such  public  employee,  or  other person  to  whom  this  section  is  applicable, is or has been, for the period stated in such  certificate,  engaged  in  such  work,  shall  be required  in order to confer upon such employee or person the rights and privileges accorded by this subdivision, and such certificate  shall  be presumptive evidence of such facts.   19. Leaves of absence and re-employment of certain teachers and school supervisors.  A  member of the teaching or supervising staff in a school district other than a school  district  employing  a  superintendent  of schools  shall  be  entitled  to  absent himself from his position while engaged in the performance of military duty and shall be deemed to  have a  leave  of absence for the duration of such military duty. Such person shall be reinstated to his position provided he  makes  application  for such  reinstatement  within  ninety  days  after  the termination of his military  duty,  notwithstanding  that  his  contract  with  the  school district shall have expired.   20.  Payment  of pension contributions by city of New York. A. As used in this subdivision:  (1) the term "New York city member" shall mean any public employee (a) who was granted a leave of absence for the period of his  military  duty pursuant  to  the  provisions of subdivision two of this section and who was on April eleventh, nineteen hundred  forty-seven,  or  shall  become prior  to  January  first,  nineteen  hundred fifty-two, a member of any pension or retirement  system  to  which  the  city  of  New  York,  the Triborough  bridge  and  tunnel  authority, or the New York city housing authority is required by law to make contributions on  account  of  such employee,   or   (b)   who  was  on  April  eleventh,  nineteen  hundred  forty-seven, or shall thereafter become a member of any such system  and who  is  or  shall  be  entitled  to  seniority  credit and training and experience credit under the provisions of subdivision seven, seven-a  or seven-b  of  this section by reason of appointment from an eligible list or special eligible list, but such term shall  not  include  any  public employee  whose  rights as to civil compensation are or were governed by section six of chapter six hundred eight of the laws of nineteen hundred fifty-two;  (2) the term "system" shall mean  any  pension  or  retirement  system referred to in subsection (1) of paragraph A of this subdivision.   B.  Except  as  otherwise  provided  in  paragraphs C, D and E of this subdivision, any New York city member shall have as  to  any  period  of military  duty performed by him the same rights and shall be entitled to the same benefits in respect to his membership in any system as he would have had if  he  had  been  present  and  continuously  engaged  in  the performance of the duties  (1)  of  the  position  from  which  he was granted a leave of absence pursuant to the provisions of subdivision two of this section, if he  is not entitled to seniority and training and experience credit as provided by  subdivision  seven,  seven-a or seven-b of this section, and was not appointed  to  a  position  while  on  military  duty  as  provided   by subdivision six of this section, or  (2)  if  he  was  granted  such  leave  and received an appointment as provided by subdivision six of this section, of the position from  which he  received  such leave of absence, up to the date of such appointment, and thereafter as if he had been present and continuously engaged in the performance of the duties of such position to which he was appointed, or  (3) if granted such  leave  of  absence  and  entitled  to  credit  as provided  by  subdivision  seven, seven-a or seven-b of this section, of the position from which he was granted such leave of absence, up to  the date  upon which he is deemed to have been appointed as provided in such subdivision seven, seven-a or seven-b and thereafter as if he  had  been present and continuously engaged in the performance of the duties of the position  with  respect  to which the date on which he is deemed to have been appointed is  specified  by  such  subdivision  seven,  seven-a  or seven-b, or  (4)  if he did not receive such leave, but is entitled to credit under such subdivision seven, seven-a or seven-b, of the position to which  he is  deemed  to have been appointed on the date specified therein, and as if he had actually been appointed and had entered upon  the  performance of the duties of such position upon such date.   C.  No  New  York  city member shall be entitled to any of the rights, benefits or credit conferred by this subdivision with respect to  (1) any period of military duty, or portion thereof, during which  the military  base  pay of such member or his compensation for military duty performed other than as a member of the armed forces, exceeded the civil compensation of the position or positions  with  respect  to  which  his rights  and benefits for the corresponding period or portion thereof are determined by the provisions of paragraph B of this subdivision, or  (2) any period of military duty or portion thereof prior to  the  date upon  which  any member, who was not granted a leave of absence pursuant to the provisions of subdivision two of this section, is deemed to  have been appointed by virtue of the provisions of subdivision seven, seven-a or seven-b of this section.   As  to  any  period of military duty or portion thereof referred to in subsection (1) of this paragraph, the rights of  any  such  member  with respect  to membership in any system shall be governed by the provisions of subdivision four of this section.    D. Time during which any New York city member was absent  on  military duty  shall not constitute an interruption of continuous employment and, except as provided in paragraph C of this subdivision, such  time  shall be counted and included in determining the length of total service.   E.  Upon  the  death  or retirement of a New York city member, but not otherwise, the city of  New  York,  the  Triborough  bridge  and  tunnel authority,  or the New York city housing authority (whichever shall have first employed such member after the termination of his  military  duty) shall  pay  into the appropriate fund of the system in which such member held membership at the time of his death or retirement,  the  amount  of all contributions which such member would have been required to make if, during  the  period  of  his  military duty, he had been present and had continuously performed the duties of  the  position  or  positions  with respect to which his rights and benefits during the corresponding period or  portion  thereof  are determined by the provisions of paragraph B of this subdivision; provided that such city or  authority  shall  not  pay into  any such fund any contributions payable or accruing for any period of military duty or portion thereof, referred to in paragraph C of  this subdivision.  Each such member shall be credited with such contributions paid in his behalf  by  such  city  or  authority  for  all  pension  or retirement  purposes;  provided  that  (1) any portion of any retirement allowance, pension, death benefit or other benefit or right derived from such contributions paid in  behalf  of  such  member  by  such  city  or authority,  shall  be  such  amount  as  the  payment  required  by this paragraph, made at the time herein specified, shall  provide,  (2)  such member  shall not under any circumstances have the right to withdraw the amount of such contributions, or any interest thereon, as a part of  his accumulated deductions or otherwise, and (3) such contributions shall be excluded  in  determining  the  amount of any loan which any such member shall be entitled to make.   F. In any case where any New York city member has heretofore  paid  or shall  hereafter  pay  to any system any contributions which the city of New York, the Triborough bridge and tunnel authority, or  the  New  York city  housing  authority  is  required  to  pay  to  such  system by the provisions of this subdivision, such contributions shall be regarded  as excess  contributions  which  are  (1)  creditable  in  lieu  of regular contributions (a) upon the return of such member to his  position  after the  termination of his military duty, or (b) upon his becoming a member of such system, if he did not become a member thereof  until  after  the termination  of  such duty, or (2) payable in addition to other benefits upon separation meanwhile with benefit.