7306 - Retirement rights.

     § 7306.  Retirement rights.        (a)  Options available to employees.--Any employee who is a     member of a retirement system at the time he is granted a     military leave of absence shall be entitled to exercise any one     of the following options in regard thereto:            (1)  He may continue to make regular payments into the        fund during the period of his military leave of absence. The        amount of such payments shall be the same as they would have        been, had he not been granted a military leave of absence,        but had instead remained actively in his employment. The time        of making such payments shall be mutually agreed upon by the        employee and the retirement association of which he is a        member, but in no event shall be less frequent than        semiannually. The employer shall make its contributions on        the same basis as is used to compute the employee's        contributions. In this case, his retirement rights shall be        determined on the basis that he was in the active, continuous        and uninterrupted employ of his employer for the period        during which he was on military leave of absence.            (2)  He may discontinue making payments into the fund        during the period of his military leave of absence. In such        event, the employer shall also discontinue making its        contributions during this period. In this case, his        retirement rights shall be determined by completely        disregarding the period of his military leave of absence for        all purposes.        (b)  Exercise of options.--Any employee, desiring to exercise     option (1) in subsection (a), shall so signify, in writing, to     the retirement association of which he is a member within 60     days after the commencement of his military leave of absence or     within 60 days after the effective date of this chapter,     whichever shall later occur. Any employee who does not exercise     option (1) in this manner will be deemed to have exercised     option (2).        (c)  Change of option.--Any employee who has exercised option     (2) in subsection (a), but who, upon the expiration of his     military leave of absence, returns to his employment and desires     to receive the benefits of option (1), shall have the right to     receive such benefits if he shall comply with the following     requirements:            (1)  He shall, within six months after he returns to his        employment, give written notice to the retirement association        of which he is a member of his desire to receive the benefits        of option (1).            (2)  He shall pay into the retirement fund an amount        equal to the total payments he would have made had he        exercised option (1). Payment of such amount may be spread        over a period of time agreeable to the retirement association        and the employee, which in no event shall exceed a period        commencing with the date he returned to his employment and        equal in duration to the duration of his military leave of        absence. Such agreed upon payments shall be made in the same        manner as his regular payments into the fund are made. In        this case, his employer shall pay into the fund an amount        equal to the total payments it would have made had the        employee exercised option (1). Payment of such amount by the        employer shall be spread over the same time as the employee's        payments.        Cross References.  Section 7306 is referred to in section     7308 of this title.