76.85. In cases where the officer changes positions pursuant to Subdivision 3 of Division 4 of Chapter 3, with the same employer, the officer’s participation in the plan shall be maintained unless the employer cannot maintain the agreement. In the latter case, the provisions of section 76.88 shall apply with the exception that the officer does not reimburse the salary he was overpaid when his period of leave was used.
Where an officer takes a position with another employer of the public or parapublic sector who offers a comparable plan during the officer’s participation in the plan, the conditions for maintaining the agreement remain at the discretion of the new employer. If the latter refuses to maintain the agreement, the provisions of section 76.88 shall apply and the reimbursement, where applicable, shall be made in accordance with section 76.91.