New Jersey § t:18a-schedule - § 6-33 (18 § 4A-1 to 18 § 4A-4)

§ t:18a-schedule. § 6-33 (18 § 4A-1 to 18 § 4A-4)

1. Every person holding office, position or employment other than for a fixed term

or period in the public school system of this State who, after July first, one thousand

nine hundred and forty, has entered, or hereafter shall enter, the active military

or naval service of the United States or of this State, in time of war or an emergency,

or for or during any period of training, or pursuant to or in connection with the

operation of any system of selective service, or who, after July first, one thousand

nine hundred and forty, has entered or hereafter, in time of war, shall enter the

active service of the Women's Army Corps, the Women's Reserve of the Naval Reserve

or any similar organization authorized by the United States to serve with the Army

or Navy, shall be entitled to all of the benefits and be subject to all of the terms

and conditions of chapter one hundred nineteen of the laws of one thousand nine hundred

and forty-one as amended and supplemented, except that if and in event that during

his said leave of absence the salary of any such person was or shall be increased,

or salary increments arising from the carrying out of a scale of salary increments

in full force and effect applying to all persons employed in the same classification

as such person, were or shall be granted, which such person would have enjoyed had

he not entered such service, such person after resuming his said office, position

or employment shall be entitled to said increased salary and shall be entitled to

the benefit of said increased salary during his said leave of absence if his leave

of absence was or is granted with pay. 2. Every person holding office, position or employment for a fixed term or period

under the government of any school district of this State or in any public educational

institution under the control of the Commissioner of Education or the State Board

of Education, who, after July first, one thousand nine hundred and forty, has entered

or hereafter shall enter, the active military or naval service of the United States

or of this State, in time of war or an emergency, or for or during any period of training,

or pursuant to or in connection with the operation of any system of selective service

or who, after July first, one thousand nine hundred and forty, has entered or hereafter,

in time of war, shall enter the active service of the Women's Army Corps, the Women's

Reserve of the Naval Reserve or any similar organization authorized by the United

States to serve with the Army or Navy, shall be granted leave of absence for the period

of such service and for a further period of three months after receiving his discharge

from such service. If any such person shall be incapacitated by wound or sickness at the time of his

discharge from such service, his leave of absence shall be extended until three months

after his recovery from such wound or sickness, or until the expiration of two years

from the date of his discharge from such service, whichever shall first occur. In no case shall such person be discharged or separated from his office, position

or employment during such period of leave of absence because of his entry into such

service. Such person shall be entitled to resume the office, position or employment held

by him at the time of his entrance into such service; provided , he shall apply therefor before the expiration of his leave of absence; and provided , he shall be honorably discharged from such service, and shall be entitled to continue

in such office, position or employment for a period of time equivalent to that part

of the term or period for which he was employed, which had not expired at the time

of his entering into such service and shall be re-employed in such office, position

or employment for such additional period, if any, as when added thereto shall equal

one year from the date of his resumption of such office, position or employment and

in any such case the period or periods of employment served in said school district

or public educational institution before entering such service and after his resumption

of said office, position or employment shall be counted in determining his right to

tenure in said office, position or employment in the same manner as though they had

not been interrupted by his said leave of absence and if and in event that during

his said leave of absence any such person's salary was or shall be increased or if

salary increments arising from the carrying out of a scale of salary increments in

full force and effect applying to all persons employed in the same classification

as such person, were or shall be granted, which such person would have enjoyed had

he not entered such service, such person after resuming his said office, position

or employment shall be entitled to said increased salary and shall be entitled to

the benefit of said increased salary during his leave of absence if his leave of absence

was or is granted with pay. Upon resumption of his office, position or employment the service in such office,

position or employment of the person temporarily filling the same shall immediately

cease. 3. Any person holding any office, position or employment in the public school system

of this State who, heretofore and subsequent to July first, one thousand nine hundred

and forty, entered or hereafter, in time of war, shall enter the active military or

naval service of the United States or the active service of the Women's Army Corps,

the Women's Reserve of the Naval Reserve or any similar organization authorized by

the United States to serve with the Army or Navy and who, at the time of such entry

was or is a member in good standing of any pension, retirement or annuity fund, shall

retain and have all of the rights, benefits and privileges in said pension, retirement

or annuity fund prescribed by chapter two hundred fifty-two of the laws of one thousand

nine hundred and forty-two as amended and supplemented and shall be subject to all

the conditions and provisions thereof except that if and in event that during his

said leave of absence the salary of any such person was or shall be increased or if

salary increments arising from the carrying out of a scale of salary increments in

full force and effect in the school district or public educational institution in

which such person was employed and applying to all persons so employed in the same

classification as such person, were or shall be granted, which such person would have

enjoyed had he not entered such service, his right to participate in the benefits

of said pension, retirement or annuity fund and the amount of the contributions required

by said act to be made to said pension, retirement or annuity fund shall be calculated

on the basis of such increased salary. 4. The act entitled “An act concerning the holders of offices, positions and employments

in the public schools of this State, concerning re-employment, acquisition of tenure

and protecting pension rights when the holders of such offices, positions or employments

enter the military or naval services of the United States, and supplementing Title

18 of the Revised Statutes,” approved May nineteenth, one thousand nine hundred and

forty-one (P.L.1941, c. 134), as said title was amended by chapter one hundred nineteen

of the laws of one thousand nine hundred and forty-two (P.L.1942, c. 119) is repealed.