§ 6-238. Same; service in the armed forces; terms, conditions.

Service in the armed forces of the United States, under the Department of Defense, or service in the Coast Guard of the United States, shall, for the purpose of service pension rights established by this Act, be considered service to any such city, upon the following terms and conditions:

(1)

Such officer or employee must have been inducted into such armed forces, either voluntarily or involuntarily, under any Act applicable thereto, when there is at the time of such induction an actual conflict or such induction is mandatory under the applicable law;

(2)

Such officer or employee must have been on the payrolls of any such city and in good standing at the time of such induction;

(3)

Such officer or employee shall not voluntarily extend his term of service beyond the termination of the conflict or beyond the time when he could retire from such service;

(4)

Such officer or employee shall make application for reemployment to his former position within the time required by the charter of any such city for the reemployment of such officers or employees;

(5)

Dishonorable discharge from such armed forces shall terminate all rights under this amendment;

(6)

Such officer or employee, upon his return to the service of such city from service in the armed forces, shall make the same contributions to the said pension fund for the time served in the armed forces as he would have made if he had been in active service of the city, but shall be permitted to make such contributions in equal monthly installments within a period of time equal to the time served in such armed forces; and

(7)

In the event such officer or employee dies while performing "qualified military service" as defined in U.S. Internal Revenue Code Section 414(u), on or after January 1, 2007, such officer or employee shall be considered to have been rehired on the day prior to the date of death, and the survivors of such officer or employee shall be entitled to any additional benefits required to be paid pursuant to U.S. Internal Revenue Code Section 401(a)(37).

(1953 Ga. Laws, page 2629, § 1; Ord. No. 2015-05(14-O-1632), § 1, 2-26-15 )