§88-140 Duration of service member's status. (a) An active member of the system who leaves active service of the State or any county for the purpose of entering the military service of the United States in time of war or declared national or state emergency, or is called involuntarily to active duty after June 24, 1950, shall be entitled to the benefits of sections 88-134, 88-135, and 88-137:
(1) For so long as the member remains in active full-time military service, up to an aggregate of five years; and
(2) For an additional period ending on the earlier of:
(A) The ninety-first day after the termination of the member's eligibility for benefits pursuant to paragraph (1); or
(B) The day the member returns to the active service of the State or a county.
(b) If a service member resigns from employment by the State or a county and waives the service member's right to reemployment, the service member's status shall be the same as a regular member who terminated the regular member's employment as of the earlier of:
(1) The effective date of the service member's resignation from employment; or
(2) The expiration of the service member's rights under subsection (a). [L 1951, c 262, pt of §3; RL 1955, §6-119; HRS §88-130; am L 1969, c 61, §1 and c 110, pt of §1; gen ch 1985; am L 2006, c 169, §25]