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2.2-2802 - Exception as to public officer or employee engaging in war service or called to active duty with the armed forces.

§ 2.2-2802. Exception as to public officer or employee engaging in warservice or called to active duty with the armed forces.

No state, county or municipal officer or employee shall forfeit his title tooffice or position or vacate the same by reason of either engaging in the warservice of the United States when called forth by the Governor pursuant tothe provisions of § 44-75.1, or when called to active duty in the armedforces of the United States. Any such officer or employee who, voluntarily orotherwise, enters upon such war service or is called to service may notifythe officer or body authorized by law to fill vacancies in his office, ofsuch fact, and thereupon be relieved from the duties of his office orposition during the period of such service. The officer or body authorized tofill vacancies shall designate some suitable person to perform the duties ofsuch office as acting officer during the period the regular officer isengaged in such service, and during such period the acting officer shall bevested with all the powers, authority, rights and duties of the regularofficer for whom he is acting.

(Code 1950, § 2-28; 1950, p. 242, § 2-27.1; 1964, c. 227; 1966, c. 677, §2.1-31; 2001, c. 844.)

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