§ 242. Rights of public officers and employees absent on military duty
as members of the organized militia or of reserve forces or reserve
components of the armed forces of the United States. 1. Definitions. (a)
Public officer or employee. The term "public officer or employee", as
used in this section, shall include every person, by whatsoever title,
description or designation known, who receives any pay, salary or
compensation of any kind from the state or a municipal corporation or
any other political subdivision thereof, or who is in any department of
the state or in the service of any public authority, but shall not
include a person holding a position in the exempt class of the civil
service whose appointment is terminated or whose position is filled by
other than a substitute appointee.

(b) Ordered military duty. The term "ordered military duty", as used
in this section, shall mean:

Any military duty performed in the service of the state or of the
United States, including but not limited to attendance at any service
school or schools conducted by the armed forces of the United States, by
a public officer or employee as a member of any force of the organized
militia or of any reserve force or reserve component of the armed forces
of the United States, pursuant to orders issued by competent state or
federal authority, with or without the consent of such public officer or
employee. Participation in routine reserve officer training corps
training is not considered to be military duty except when performing
advanced training duty as a member of a reserve component of the armed
forces.

2. Leave of absence while engaged in performance of ordered military
duty. Every public officer or employee shall be entitled to absent
himself and shall be deemed to have a leave of absence from his duties
or service as such public officer or employee while engaged in the
performance of ordered military duty and while going to and returning
from such duty.

3. Leave of absence while attending service schools. Every public
officer or employee who is or becomes a voluntary member of any force of
the organized militia or of any reserve force or reserve component of
the armed forces of the United States shall be entitled to absent
himself and shall be deemed to have a leave of absence from his duties
or service as such public officer or employee while in attendance, as a
member of such force or reserve components, at any service school or
schools conducted by the armed forces of the United States, and while
going to and returning from such school or schools, notwithstanding that
orders for such attendance are or may be issued with the consent of such
public officer or employee.

3-a. Leave of absence while performing full-time training duty or
active duty for training with or in an armed force of the United States.
Every public officer or employee who is or becomes a member of any force
of the organized militia or of any reserve force or reserve component of
the armed forces of the United States shall be entitled to absent
himself and shall be deemed to have a leave of absence from his duties
or service as such public officer or employee while performing, as a
member of such force or reserve component, initial full-time training
duty or initial active duty for training with or in an armed force of
the United States under the provisions of this chapter or the laws of
the United States or both, and while going to and returning from such
full-time training duty or active duty for training, notwithstanding
that orders for such duty are or may be issued with the consent of such
public officer or employee.

4. Employment rights. Time during which a public officer or employee
is absent pursuant to the provisions of subdivisions two, three and
three-a of this section shall not constitute an interruption of
continuous employment and, notwithstanding the provisions of any
general, special or local law or the provisions of any city charter, no
such officer or employee shall be subjected, directly or indirectly, to
any loss or diminution of time service, increment, vacation or holiday
privileges, or any other right or privilege, by reason of such absence,
or be prejudiced, by reason of such absence, with reference to
continuance in office or employment, reappointment to office,
re-employment, reinstatement, transfer or promotion.

5. Pay for military duty. (a) Every public officer or employee shall
be paid his or her salary or other compensation as such public officer
or employee for any and all periods of absence while engaged in the
performance of ordered military duty, and while going to and returning
from such duty, not exceeding a total of thirty days or twenty-two
working days, whichever is greater, in any one calendar year and not
exceeding thirty days or twenty-two working days, whichever is greater,
in any one continuous period of such absence.

(b) Every public officer or employee employed by the state of New York
who served in a combat theater or combat zone of operations as
documented by a copy of his or her DD214, certificate of release or
discharge from active duty, or other applicable department of defense
documentation, shall be paid his or her salary or other compensation as
such public officer or employee for any and all periods of absence while
utilizing any healthcare related services related to such duty, not
exceeding five working days, in any one calendar year.

(c) Public officers or employees, as defined by paragraph (a) of
subdivision one of this section, who are not employees of the state of
New York and therefore not entitled to the benefits contained in
paragraph (b) of this subdivision, who have served in a combat theater
or combat zone of operations as documented by a copy of his or her
DD214, certificate of release or discharge from active duty, or other
applicable department of defense documentation, may be entitled to
additional paid leave for health related services related to duty in a
combat theater or combat zone of operations. The governing body of a
municipal corporation may, in its sole discretion, adopt a resolution or
local law providing for the payment of the salary or other compensation
of such public officers or employees for any and all periods of absence
while utilizing healthcare related services related to duty in a combat
theater or combat zone of operations, not exceeding five working days,
in any one calendar year. Any such local law or resolution adopted must
apply to both combat theater veterans and combat zone of operations
veterans employed by such public employer. Nothing in this paragraph
shall be construed to diminish the rights, privileges, or remedies of
any employee under any collective bargaining agreement.

5-a. Pay for employees of a city with a population of one million or
more. This subdivision shall govern the calculation of compensation and,
where applicable, repayment of same by public officers or employees of a
city with a population of one million or more who are engaged in the
performance of ordered military duty, including time spent traveling to
and returning from such duty. In any conflict between this subdivision
and any other provision of law with respect to such public servant
soldiers, this subdivision shall be controlling.

(a) Definitions. As used in this subdivision:

(i) "Base pay of city salary" means the base pay received by a public
officer or employee from employment by a city. For public officers and
employees who, prior to the effective date of this subdivision, elected
to participate in a "full pay/repayment plan", have returned to city
employment from ordered military duty as of the effective date of this
subdivision and are, on the effective date of this subdivision, public
officers or employees, the base pay of city salary shall be calculated
by the implementing agency as the salary received by the public servant
soldier as of the effective date of this subdivision or the date of
return to city service, whichever is later.

For public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment plan"
and who return to city employment from ordered military duty after the
effective date of this subdivision, the base pay of city salary shall be
calculated on the date of return to city employment.

For public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment plan"
and who have, by the effective date of this subdivision, already
separated from city employment in a manner other than by retirement, and
except where the implementing agency shall determine the existence of
hardship, the base pay of city salary shall be calculated as the salary
received by the public servant soldier as of the date of separation from
city service.

For public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment plan"
and who separate from city employment in a manner other than retirement
after the effective date of this subdivision, and except where the
implementing agency shall determine the existence of hardship, the base
pay of city salary shall be calculated as the salary received by the
public servant soldier as of the date of return to city service.

(ii) "Balloon payment" means the payment required for full
satisfaction of any remaining outstanding repayment obligation after ten
years from the date of return from ordered military duty pursuant to
paragraph (e) of this subdivision.

(iii) "City" means a city with a population of one million or more.

(iv) "City salary" means the gross salary received by a public officer
or employee from employment by a city, before taxes, deductions, or
court-ordered payments, required or voluntary; but excluding payments by
a city as employer for health, pension, and other benefits.

(v) "Covered operation" means those military operations designated by
the federal government of the United States, in support of "Operation
Enduring Freedom", "Operation Iraqi Freedom", "Operation Noble Eagle",
or successors thereto, or operations specifically connected by federal
designation, action or implication with homeland security. The
implementing agency may make such additional designations on a
case-by-case basis as it shall deem, in its discretion, to be in keeping
with the spirit and intent of this subdivision.

(vi) "Differential pay" means the pay calculated as the difference
between a public servant soldier's military salary and city salary,
where the military salary is less than the city salary.

(vii) "Full pay/repayment plan" means a salary and benefits plan in
effect in a city prior to the effective date of this subdivision whereby
a public servant soldier elected to receive city salary while on
military duty, but is required to repay the lesser of such city salary
or military salary to a city upon return from military duty.

(viii) "Implementing agency" means an agency of a city, as designated
by the mayor of such city in writing, that is authorized to implement
the provisions of this subdivision.

(ix) "Military salary" means the gross salary paid by the government
of the United States to a public servant soldier for ordered military
duty in the armed forces of the United States in a covered operation, as
further defined by the implementing agency, provided that such military
pay shall be calculated without regard to such extra or additional
stipends as hazard pay, housing or food allowances, or other similar
additions.

(x) "Public officer" or "employee" means a public officer or an
employee of a city.

(xi) "Public servant soldier" means a public officer or employee of a
city performing ordered military duty in connection with a covered
operation.

(b) The mayor of a city shall designate an agency of such city to be
the implementing agency that will administer and implement this
subdivision. The implementing agency is hereby authorized to and shall:

(i) provide for the continuation of health insurance benefits, to the
public servant soldier and to such public servant soldier's family, if
the family had been included in such coverage prior to the public
servant soldier beginning ordered military duty, under the same terms
and conditions as applied to such public servant soldier prior to
leaving city employment for ordered military duty; and

(ii) provide for hardship under certain conditions determined by the
implementing agency for public servant soldiers who elected to
participate in a "full pay/repayment plan". Such conditions shall
include, but shall not be limited to, any material unforeseen or
compelling changes in circumstances affecting a public servant soldier's
ability to repay that occurred since such public servant soldier elected
to participate in the "full pay/repayment plan," including but not
limited to injuries sustained while on ordered military duty, or a
determination by the implementing agency that the public servant soldier
is or will be experiencing severe economic hardship due to a change in
circumstances. Relief may include an extension of the repayment term or
a reduction in the percentage of salary dedicated to repayment, or a
modification to the requirement for a balloon payment. Such
determinations of economic hardship may be made on a case-by-case basis,
and the implementing agency may require the provision of such
information by the public servant soldier as it deems necessary to make
such determination.

(c) Subdivision five of this section or any other law to the contrary
notwithstanding, until August first, two thousand ten, unless the mayor
of a city, in his or her discretion, extends such date, a public officer
or employee shall be paid city salary as such public officer or employee
for any and all periods of absence while engaged in the performance of
ordered military duty, and while going to and returning from such duty,
not exceeding thirty working days in any one calendar year and not
exceeding thirty working days in any one continuous period of such
absence.

(d) Subdivision five of this section or any other law to the contrary
notwithstanding, until August first, two thousand ten, unless the mayor
of a city, in his or her discretion, extends such date, a public servant
soldier shall, after having received the city salary to which he or she
is entitled pursuant to paragraph (c) of this subdivision, be paid
differential pay thereafter on his or her regularly scheduled pay period
for the duration of such ordered military duty, if such ordered military
duty is in connection with a covered operation. No repayment shall be
required to the city for such differential pay received by a public
servant soldier, provided that this prohibition on repayment shall not
apply in the case of a material error in calculation that results in an
unwarranted increase to the public servant soldier. Repayment of any
such overage shall be governed by the terms of paragraph (e) of this
subdivision.

(e) A public officer or employee who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment plan"
and, in having done so, incurred a repayment obligation, shall make
repayments in accordance with terms adopted by the implementing agency,
except that, with respect to such repayment obligations, such officer or
employee shall have satisfied the obligation to repay when he or she has
repaid eighty-five percent of the amount of city salary or military
salary, whichever is less, less other such discounts implemented by the
implementing agency as of the effective date of this subdivision and
such incentives as may be implemented by the implementing agency to
encourage payment, and no such term shall:

(i) require a public officer or employee, while employed by such city,
to pay in any pay period more than seven and one-half percent of his or
her base pay of city salary toward satisfying his or her repayment
obligation, except that a term may provide for full satisfaction of any
remaining outstanding repayment obligation after ten years from the date
of return from ordered military duty; or

(ii) require a retired public officer or employee to pay, in any
month, an amount more than seven and one-half percent of his or her
monthly pension payment, except that a term may provide for full
satisfaction of any remaining outstanding repayment obligation after ten
years from the date of return from ordered military duty; or

(iii) require a public officer or employee separated from employment
by such city in a manner other than by retirement, to pay, in any year,
an amount more than seven and one-half percent of the base pay of city
salary, except that a term may provide for full satisfaction of any
remaining outstanding repayment obligation after ten years from the date
of return from ordered military duty.

(f) Notwithstanding paragraph (e) of this subdivision, a city shall
not require the satisfaction of any repayment obligation in the event
that a public servant soldier is killed in the performance of ordered
military duty.

6. Rights and contributions under retirement systems. (a) The amount
of required contributions to any pension or retirement system of which a
public officer or employee absent while engaged in the performance of
ordered military duty is a member shall be deducted from the salary or
other compensation paid to him as such public officer or employee as
provided in this section. If such required contributions exceed the
amount of such salary or other compensation to which a public officer or
employee is entitled while engaged in the performance of military duty,
the amount of such salary or other compensation shall be applied upon
such required contributions and such public officer or employee shall
have the right to pay to such pension or retirement system the amount by
which such contributions exceed such salary or other compensation. Such
public officer or employee shall also have the right to pay to such
system, for any period of such absence during which he shall receive no
salary or other compensation as such public officer or employee, the
amount that he would have contributed to such system if he had been
present and continuously engaged in the performance of the duties of his
position during such period.

(b) Such payments, other than those deducted from his salary or other
compensation as such officer or employee, may be paid from time to time
at any time while engaged in such ordered military duty or within five
years after the date of termination of such ordered military duty, or,
in the event of the death of such public officer or employee while
engaged in ordered military duty, such payments, or any part thereof,
may be made by the named beneficiary or the legal representative of such
public officer's or employee's estate within one year following proof of
such death.

(c) To the extent that such contributions are paid, absence while
engaged in the performance of military duty shall be counted in
determining the length of total service under such pension or retirement
system.

(d) Any such public officer or employee, while engaged in the
performance of ordered military duty, or his beneficiary, as the case
may be, shall be entitled to all the benefits of the pension or
retirement system of which he is a member except accidental disability
retirement and accidental death benefit.