43:10-18.68 - Re-entry of service after involuntary separation from service  or leave of absence

43:10-18.68.  Re-entry of service after involuntary separation from service  or leave of absence
    (A) Whenever a member of this retirement system becomes separated from the county service because of a lay-off or leave of absence without pay for a cause  other than sickness or disability for a period longer than 2 months, or because  of abolishment of position, or, except as provided in subsection  "B" hereof,  for any other reason other than retirement or entry into military or naval  service of the United States, re-enters the service of the county within 5  years after such separation, all the rights and benefits hereunder enjoyed by  such employee prior to such separation shall be restored upon payment of all  refunds given to him upon his separation from the service; provided, however,  that such employee shall not be entitled to receive credit for pension purposes  for the time elapsing during such separation period unless he shall pay into  this retirement system, in the manner in subsection (C) hereof provided, a sum of money equal in amount to all accrued deductions from his salary which would  have been made had such employee continued to be a member of the retirement  system since the date of his separation therefrom.

    (B) Whenever a member of this retirement system becomes separated from the county service because of (a) a lay-off or leave of absence for a period of time not in excess of 2 months, (b) a leave of absence with pay, or (c) a leave  of absence because of sickness or disability, all the rights and benefits of  such member hereunder shall continue, except that such employee's pension  benefits hereunder shall be computed by excluding the period of time of such  separation period unless he shall pay into this retirement system, in the  manner in subsection (C) hereof provided, a sum of money equal in amount to all  accrued deductions from his salary which would have been made during the period  of time of such separation.

    (C) Such payment may be made either (1) in one sum, or (2) by equal semimonthly installments over a period of not more than 5 years, whichever method the member may elect, but in no event to extend beyond the date upon which such employee attains the age of 55 years, such installments to be deducted in addition to other regular deductions from his salary for this retirement system;  provided, however, that only so much of the said period will be credited as the employee has paid for.

     L.1948, c. 310, p. 1251, s. 19.  Amended by L.1966, c. 210, s. 7.