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§47-2-307.
§47-2-307.
(a) In the event a member of the System obtains a leave of absence, of
not to exceed ninety (90) days at any one time, because of injury or
illness or for any personal reason other than the acceptance of other
employment, his membership in the System shall not terminate and the
period of such leave shall be counted toward retirement for length of
service if, during such leave of absence or at the end thereof, he
shall pay to the Fund an amount equal to the contributions which would
have been deducted from his salary during such period if such leave of
absence had not been obtained, but if such contributions are not paid
during such leave or made up within thirty (30) days after the end of
such leave, or if such leave of absence extends for more than ninety
(90) days at any one time, the period of such leave shall not be
counted toward length of service for retirement nor in computing the
amount of any pension or any retirement pay or any other benefits
hereunder.
(b) In the event a member of the System obtains a leave of absence for
the purpose of accepting other employment, or if a member resigns and
during such resignation accepts other employment, his membership in
the System shall terminate as of the date of the beginning of such
leave. Provided, that if the membership of a member of the System
shall have been terminated either by such leave of absence or by
termination of employment, and such former member is reemployed, the
Board, upon application therefor made in the same manner as an
original application for membership in the System, may reinstate such
membership. Such reinstated member shall be allowed full credit toward
retirement for all service credit accrued up to the time of
termination of membership if, but only if:
1. Such application for reinstatement is made within three (3) years
from the date of such termination of such membership; and
2. Such reinstated member remains a member of the System for a period
of five (5) consecutive years after reinstatement of membership; and
3. Such reinstated member reimburses the Fund, at the time application
for reinstatement is made, with the amount of any portion of his
membership contribution which has been refunded to him under the
provisions of Section 2-308 of this title.
The provisions of this subsection shall not apply to absences caused
by such military service as may be considered as service for
retirement for length of service under the provisions of subsection
(c) of this section.
(c) In determining the eligibility of a member for retirement based
upon length of service, any service in the Armed Forces of the United
States or any component thereof between the 16th day of September,
1940, and the 30th day of June, 1954, and any service in the Armed
Forces of the United States or any component thereof upon call of the
President of the United States or of the Governor of the State of
Oklahoma, together with such prior service, as would have been
otherwise considered as service for retirement for length of service,
shall be considered as service for length of service, provided that
the member returns and files application for reinstatement as a member
of the System within ninety (90) days after his release, or
opportunity for release, from such Armed Forces or component thereof.
If such member shall have been refunded any portion of his membership
contributions as provided in Section 2-308 of this title, he shall be
required to reimburse the Fund with the same amount at the time of his
application for reinstatement in the System, before the reinstated
member is given credit for accrued prior service. Provided, that in no
event shall a member of the System who has entered such Armed Forces
or component thereof prior to retirement be or become eligible for
retirement for length of service unless he shall thereafter have been
reinstated as a member of the System as provided for herein, and
thereafter remained a member for at least one (1) year after such
reinstatement.
(d) Time spent on involuntary furlough by members pursuant to the
rules of the Office of Personnel Management shall be credited.
(e) Notwithstanding any provisions herein to the contrary,
contributions, benefits and service credit with respect to qualified
military service shall be provided in accordance with Section 414(u)
of the Internal Revenue Code of 1986, as amended.
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