§88-140 Duration of service member's status. A service member shall continue to be entitled to the benefits of the Servicemen's Act until the expiration of ninety days after the termination of the service member's service in the armed forces unless the service member shall within the ninety-day period have reentered the service of the State or any county, in a position which constitutes the service member an employee as defined by section 88-21, in which latter event the service member's status thenceforth shall be the same as that of any other regular member of the system in the service without any loss of the service credit preserved and allowed to the service member under the Servicemen's Act, or unless the service member shall have resigned before the expiration of the ninety-day period and waived the service member's right to such reemployment. In the event the service member fails to reenter the service of the State or any county within the ninety-day period, and shall not have resigned from the system and waived the service member's right to reemployment, the service member's status thereafter shall be the same as that of a regular member who terminated the regular member's employment as such an employee and such termination shall be deemed to have occurred on the ninetieth day after the termination of the service member's service in the armed forces.

A service member who voluntarily extends the service member's period of service in the armed forces ninety or more days beyond the expiration date of the service member's initial enlistment or the period for which the service member was inducted or the period for which the service member was ordered to active duty shall be deemed to be on the same status as that of a regular member who terminates the regular member's employment as an employee, and the termination shall be deemed to have occurred on the ninetieth day following the expiration date of the service member's enlistment or the period for which the service member was inducted or the period for which the service member was ordered to active duty. [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]