§ 243. Provisions applicable to public employees who are absent on\nmilitary duty. 1. Definitions. As used in this section:\n (a) The term "public employee" shall mean an officer or employee\nholding a position by appointment or employment in the state of New York\nor in the cities, counties, towns, villages or school districts thereof,\nor in any other political or civil division of the state or of a\nmunicipality, or in any public or special district, or in the service of\nany public authority, public benefit corporation, commission or board,\nor in any other branch of the public service.\n (b) The term "military duty" shall mean military service in the\nmilitary, naval, aviation, space or marine service of the United States\nsubsequent to July first, nineteen hundred forty, or service under the\nselective training and service act of nineteen hundred forty, or the\nnational guard and reserve officers mobilization act of nineteen hundred\nforty, or any other act of congress supplementary or amendatory thereto,\nor any similar act of congress hereafter enacted and irrespective of the\nfact that such service was entered upon following a voluntary enlistment\ntherefor or was required under one of the foregoing acts of congress, or\nservice with the United States public health service as a commissioned\nofficer, or service with the national oceanic and atmospheric\nadministration as a commissioned officer, or service with the American\nRed Cross while with the armed forces of the United States on foreign\nservice, or service with the special services section of the armed\nforces of the United States on foreign service, or service in the\nmerchant marine which shall consist of service as an officer or member\nof the crew on or in connection with a vessel documented under the laws\nof the United States or a vessel owned by, chartered to, or operated by\nor for the account or use of the government of the United States, or\nservice by one who was employed by the War Shipping Administration or\nOffice of Defense Transportation or their agents as a merchant seaman\ndocumented by the United States Coast Guard or Department of Commerce,\nor as a civil servant employed by the United States Army Transport\nService (later redesignated as the United States Army Transportation\nCorps, Water Division) or the Naval Transportation Service; and who\nserved satisfactorily as a crew member during the period of armed\nconflict, December seventh, nineteen hundred forty-one, to August\nfifteenth, nineteen hundred forty-five, aboard merchant vessels in\noceangoing, i.e., foreign, intercoastal, or coastwise service as such\nterms are defined under federal law (46 USCA 10301 & 10501) and further\nto include "near foreign" voyages between the United States and Canada,\nMexico, or the West Indies via ocean routes, or public vessels in\noceangoing service or foreign waters and who has received a Certificate\nof Release or Discharge from Active Duty and a discharge certificate, or\nan Honorable Service Certificate/Report of Casualty, from the Department\nof Defense, or who served as a United States civilian employed by the\nAmerican Field Service and served overseas under United States Armies\nand United States Army Groups in world war II during the period of armed\nconflict, December seventh, nineteen hundred forty-one through May\neighth, nineteen hundred forty-five, and who (i) was discharged or\nreleased therefrom under honorable conditions, or (ii) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (iii) is a discharged LGBT veteran, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, or who served\nas a United States civilian Flight Crew and Aviation Ground Support\nEmployee of Pan American World Airways or one of its subsidiaries or
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