19-2-705. Absence in military service. (1) Any period of absence from service for one of the following reasons, occurring either during a war involving the United States as a belligerent or during any other national emergency and 90 days after the service, is considered membership service only for the purpose of qualification for retirement and survivorship benefits but not for calculation of service credit:
     (a) by reason of having been ordered on duty with the armed forces of the United States;
     (b) by reason of voluntary service in the armed forces or on ships operated by or for the United States government; or
     (c) by reason of direct assignment to the department of defense for duties pursuant to the national defense efforts where a leave of absence has been granted by the employer.
     (2) Any member absent as provided in subsection (1) may contribute to the retirement system, either during the member's period of absence or upon the member's return to service, at times and in the manner fixed by the board, amounts equal to the contributions that would have been made by the member to the system on the basis of the member's compensation at the commencement of the member's absence. If the member does contribute, the member must receive service credit for the time in the same manner as if the member had not been absent from service. Whenever a member elects to continue the member's contributions, the employer shall contribute an amount equal to what its employer contributions would have been had the member not been absent from service.
     (3) Any member absent as provided in subsection (1) loses the right to contribute under this section if the member's accumulated contributions are refunded pursuant to 19-2-602.

     History: En. 68-1605 by Sec. 9, Ch. 323, L. 1973; amd. Sec. 3, Ch. 99, L. 1977; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-1605; amd. Sec. 25, Ch. 265, L. 1993; Sec. 19-3-502, MCA 1991; redes. 19-2-705 by Sec. 238, Ch. 265, L. 1993.