§ 503 — Membership of system

New York § 503

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 11: State Teachers' Retirement System For Public School Teachers

Text

§ 503. Membership of system. 1. The membership of the retirement\nsystem shall consist of the following:\n a. All teachers who were teachers on or before the first day of\nAugust, nineteen hundred twenty-one, who shall file with the retirement\nboard applications for membership, except those specifically excluded\nunder subdivision four of this section.\n b. All teachers who were not teachers on or before the first day of\nAugust, nineteen hundred twenty-one, except those specifically excluded\nunder subdivision four of this section.\n 2. The retirement board may, in its discretion, deny the right to\nbecome members to any class of teachers whose compensation is only\npartly paid by the employer or who are serving on a temporary or any\nother than a per annum basis, and it may also, in its discretion, make\noptional with members in any such class their individual entrance into\nmembership.\n 3. The membership of any person in the retirement system shall cease\nwhen seven years have elapsed since the member has performed service as\na teacher which was credited with the system except as provided in\nsection five hundred twelve-a of this article, or upon the withdrawal by\na contributor of his accumulated contributions as provided in this\narticle, or upon retirement on a pension, or at death, except that the\nmembership of a teacher, who has not withdrawn his contributions shall\nnot be cancelled if he (a) has not had sufficient service to be eligible\nfor disability retirement, and proves to the satisfaction of the\nretirement board that absence from service was caused by personal\nillness constituting disability or (b) is eligible to receive a\nretirement allowance from the system for other than disability.\n 4. Teachers who are members or who become members of a local district\npension system maintained under the laws of the state from\nappropriations or contributions made wholly or partly by an employer\nshall be excluded from membership in this retirement system.\n 5. A retired teacher receiving a retirement allowance for other than\ndisability may return to active public service. Any such retired teacher\nreturning to active service shall immediately notify the retirement\nboard of his intention. Except as otherwise provided in sections two\nhundred eleven and two hundred twelve of the retirement and social\nsecurity law and section one hundred fifty of the civil service law, his\nretirement allowance shall be suspended during the time he is in active\nservice. If such teacher has not elected an optional benefit, the\npayments of his annuity so suspended shall be held in the annuity\nreserve fund at regular interest, and upon the resumption of his\nretirement allowance after again leaving the active service such\naccumulated amounts shall be applied to increase the annuity otherwise\npayable to him or in the event of his death while in active service such\naccumulated amounts shall be paid to his estate or to such person as\nlast designated as the beneficiary of his accumulated contributions. If\nsuch teacher has elected an optional benefit and dies while in active\nservice, the optional benefit in respect of his annuity shall be payable\nas if no annuity payments had been suspended, but the optional benefit\nin respect of his pension shall not be payable in excess of the\nproportion that the cost of such optional pension, when measured by the\ndifference between his pension without optional modification and the\noptional pension, is currently covered by the amount of the annuity\npayments suspended while he is in active service, which difference shall\nbe paid during the period of his active service from the annuity reserve\nfund to the fund from which his pension was payable. If, however, such\nfull cost of the optional pension is greater than the suspended annuity\npayments, the teacher may elect upon returning to active service to pay\nthe amount of such difference directly to the retirement system to be\ncredited to the fund from which his pension was payable, and subject to\nsuch payments monthly in advance, or at such other intervals as may be\nagreed upon with the retirement board, the optional benefit in respect\nof the pension shall be payable in the event the teacher dies while in\nactive service, as if no pension payments had been suspended. If the\nsuspended annuity payments are greater than such full cost of the\noptional pension, the amount of such difference shall be held at regular\ninterest in the annuity reserve fund, and upon the resumption of his\nretirement allowance after again leaving active service such accumulated\namounts shall be applied to increase the annuity otherwise payable to\nhim, or in the event of his death while in active service such\naccumulated amounts shall be paid to his estate or to the beneficiary\nnominated under the option.\n 6. Credit for service in war after world war I, which shall mean\nmilitary service during the period commencing the first day of July,\nnineteen hundred forty, and terminating the thirtieth day of June,\nnineteen hundred forty-seven, or during the period commencing the\ntwenty-seventh day of June, nineteen hundred fifty, and terminating the\nthirty-first day of January, nineteen hundred fifty-five, or during both\nsuch periods, as a member of the armed forces of the United States, of\nany person who (i) has been honorably discharged or released under\nhonorable circumstances from such service, 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 service by\none who was employed by the War Shipping Administration or Office of\nDefense Transportation or their agents as a merchant seaman documented\nby the United States Coast Guard or Department of Commerce, or as a\ncivil servant employed by the United States Army Transport Service\n(later redesignated as the United States Army Transportation Corps,\nWater Division) or the Naval Transportation Service; and who served\nsatisfactorily as a crew member during the period of armed conflict,\nDecember seventh, nineteen hundred forty-one, to August fifteenth,\nnineteen hundred forty-five, aboard merchant vessels in oceangoing,\ni.e., foreign, intercoastal, or coastwise service as such terms are\ndefined under federal law (46 USCA 10301 & 10501) and further to include\n"near foreign" voyages between the United States and Canada, Mexico, or\nthe West Indies via ocean routes, or public vessels in oceangoing\nservice or foreign waters and who has received a Certificate of Release\nor Discharge from Active Duty and a discharge certificate, or an\nHonorable Service Certificate/Report of Casualty, from the Department of\nDefense 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 (iv) who was discharged or\nreleased therefrom under honorable conditions, or (v) 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 (vi) 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 its\naffiliates and served overseas as a result of Pan American's contract\nwith Air Transport Command or Naval Air Transport Service during the\nperiod of armed conflict, December fourteenth, nineteen hundred\nforty-one through August fourteenth, nineteen hundred forty-five, and\nwho (vii) was discharged or released therefrom under honorable\nconditions, or (viii) has a qualifying condition, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service, or (ix) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, and who was a teacher in the public\nschools of this state at the time of his or her entrance into the armed\nforces of the United States, provided no compensation was received under\nthe provisions of section two hundred forty-two of the military law, and\nwho returned to public school teaching following discharge or completion\nof advanced education provided under servicemen's readjustment act of\nnineteen hundred forty-four, or who following such discharge or release\nentered into a service which would qualify him or her pursuant to\nsection forty-three of the retirement and social security law to\ntransfer his or her membership in the New York state teachers'\nretirement system, shall be provided as follows, any provisions of\nsection two hundred forty-three of the military law to the contrary\nnotwithstanding.\n (a) Service in war after world war I as defined in this subdivision\nshall be deemed to be service for all purposes of the retirement fund,\nprovided claim for such service shall be filed by the member with the\nretirement board within two years following his return to active\nteaching service or the entry of the member into a service which would\nqualify him pursuant to section fifty-nine of the civil service law to\ntransfer his membership to the New York city employees' retirement\nsystem or to the New York state employees' retirement system or the\nfifteenth day of April, nineteen hundred sixty-seven, whichever is\nlater.\n (b) For the purposes of computing final average salary, compensation\nduring any period of service in war after world war I shall be deemed to\nhave been at the member's rate of compensation in effect immediately\nprior to such period, or based on additional increments due him if he\nhad continued teaching.\n (c) Contributions paid by any member under the provisions of section\ntwo hundred forty-three of the military law shall be refunded directly\nto the member and the corresponding contribution paid by the district\nshall also be returned directly to the district.\n (d) On the retirement of a member with credit for service in war after\nworld war I as defined in this subdivision, there shall be transferred\nfrom the pension accumulation fund to the annuity reserve fund a sum\nequivalent to the contributions the member would have made to the\nannuity savings fund had he contributed during his period of service in\nwar after world war I at the rate in effect immediately prior to such\nperiod, or on additional increments due him if he had continued\nteaching, with interest to the date of retirement, which amounts shall\nbe used to provide an annuity for him.\n (e) In addition to the contributions required of employers to the\nretirement system as otherwise provided, there shall be paid an\nadditional contribution to the pension accumulation fund to cover the\ncost of the additional benefits covered by this subdivision. The\nadditional contributions shall be collected by increasing the regular\ncontributions of the employers in the same proportion as the liabilities\nof the pension accumulation fund are increased by the adoption of this\nsubdivision.\n 7. A teacher, who was a member of the New York state teachers\nretirement system but who withdrew his or her accumulated contributions\nimmediately prior to his or her entry into, or during his or her service\nin the armed forces of the United States in war after World War I, who\n(i) has been honorably discharged or released from service, or (ii) has\na qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (iii) is a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and has\nreceived a discharge other than bad conduct or dishonorable from such\nservice, provided no compensation was received under the provisions of\nsection two hundred forty-two of the military law, and who returned to\npublic school teaching in the state of New York following such discharge\nor release, or following completion of advanced education provided under\nservicemen's readjustment act of nineteen hundred forty-four, any\nprovisions of section two hundred forty-three of the military law to the\ncontrary notwithstanding, will be entitled to credit for service in war\nafter World War I, cost free, provided, however, that such credit will\nnot be allowed until he or she claims and pays for all prior teaching\nservice credited to him or her at the time of his or her termination of\nmembership in the New York state teachers retirement system, and\nprovided further that claim for such service in war after World War I\nshall be filed by the member with the retirement board before the first\nday of July, nineteen hundred sixty-eight.\n 8. A teacher who had been granted credit for service in war after\nworld war I as provided in this section and whose membership in the New\nYork state teachers retirement system subsequently ceased by reason of\nwithdrawal of his accumulated contributions will, upon rejoining the New\nYork state teachers retirement system, be entitled to the same credit\nfor service in war after world war I, cost free, that he was credited\nwith upon termination of his membership in the New York state teachers\nretirement system, provided, however, that such credit will not be\nallowed until he claims and pays for all prior teaching service credited\nto him at the time of his termination of membership in the New York\nstate teachers retirement system.\n 9. Credit for emergency service on or after October first, nineteen\nhundred sixty-one, shall mean active duty (other than for training) in\nthe armed forces of the United States as defined in title ten of the\nUnited States code on or after October first, nineteen hundred sixty-one\nand terminating on June thirtieth, nineteen hundred sixty-three or on\nthe date that no reserve component unit originally ordered into the\nactive service of the United States from the state on or after October\nfirst, nineteen hundred sixty-one remains on such active service,\nwhichever sooner occurs, of any person who:\n a. was a teacher in the public schools of this state at the time of\nhis entrance into such armed forces,\n b. was a member of the New York state teachers' retirement system and\nan employee of the state or of an employer at the time he entered such\narmed forces,\n c. (i) has been honorably discharged or released under honorable\ncircumstances from such service, or (ii) has a qualifying condition, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section one of the\nveterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, and\n d. returned to public school teaching within one year following\ndischarge or release, or completion of advanced education provided by\nthe United States for education of Korean conflict veterans, or who\nfollowing such discharge or release entered into a service which would\nqualify him, pursuant to section forty-three of the retirement and\nsocial security law, to transfer his membership in the New York state\nteachers retirement system. Such service shall not include any periods\nduring which compensation was received by the member for accrued\nvacation and overtime credit or under the provisions of section two\nhundred forty-two of the military law or section six of chapter six\nhundred eight of the laws of nineteen hundred fifty-two.\n Emergency service on or after October first, nineteen hundred\nsixty-one, shall for the purposes of this article be deemed credit for\nservice in war after world war I.\n 10. Credit for certain World War II service. a. In addition to credit\nfor military service pursuant to section two hundred forty-three of the\nmilitary law and subdivisions six through nine of this section, a member\nemployed as a full-time teacher by an employer as defined in subdivision\nthree of section five hundred one of this article and who joined the\nretirement system prior to July first, nineteen hundred seventy-three,\nmay obtain credit for military service not in excess of three years and\nnot otherwise creditable under section two hundred forty-three of the\nmilitary law and subdivisions six through nine of this section, rendered\non active duty in the armed forces of the United States during the\nperiod commencing July first, nineteen hundred forty, and terminating\nDecember thirty-first, nineteen hundred forty-six, or on service by one\nwho was employed by the War Shipping Administration or Office of Defense\nTransportation or their agents as a merchant seaman documented by the\nUnited States Coast Guard or Department of Commerce, or as a civil\nservant employed by the United States Army Transport Service (later\nredesignated as the United States Army Transportation Corps, Water\nDivision) or the Naval Transportation Service; and who served\nsatisfactorily as a crew member during the period of armed conflict,\nDecember seventh, nineteen hundred forty-one, to August fifteenth,\nnineteen hundred forty-five, aboard merchant vessels in oceangoing,\ni.e., foreign, intercoastal, or coastwise service as such terms are\ndefined under federal law (46 USCA 10301 & 10501) and further to include\n"near foreign" voyages between the United States and Canada, Mexico, or\nthe West Indies via ocean routes, or public vessels in oceangoing\nservice or foreign waters and who has received a Certificate of Release\nor Discharge from Active Duty and a discharge certificate, or an\nHonorable Service Certificate/Report of Casualty, from the Department of\nDefense or on service by one who served as a United States civilian\nemployed by the American Field Service and served overseas under United\nStates Armies and United States Army Groups in world war II during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one\nthrough May eighth, nineteen hundred forty-five, and who (i) was\ndischarged or released therefrom under honorable conditions, or (ii) has\na qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (iii) is a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and has\nreceived a discharge other than bad conduct or dishonorable from such\nservice, or on service by one who served as a United States civilian\nFlight Crew and Aviation Ground Support Employee of Pan American World\nAirways or one of its subsidiaries or its affiliates and served overseas\nas a result of Pan American's contract with Air Transport Command or\nNaval Air Transport Service during the period of armed conflict,\nDecember fourteenth, nineteen hundred forty-one through August\nfourteenth, nineteen hundred forty-five, and who (iv) was discharged or\nreleased therefrom under honorable conditions, or (v) 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 (vi) 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, by a person\nwho was a resident of New York state at the time of entry into such\nservice and at the time of being discharged therefrom under honorable\ncircumstances, and who makes the payments required in accordance with\nthe provisions of this subdivision.\n However, no military service shall be creditable under this\nsubdivision in the case of a member who is receiving a military pension\n(other than for disability) for military service in the armed forces of\nthe United States.\n b. To obtain such credit a member shall: (1) deposit in the annuity\nsavings fund a sum equal to the product of his required contribution\nrate at time of entry into full-time New York state teaching service,\nhis annual full-time rate of compensation at that time, and the period\nof military service being claimed, with regular interest, and (2)\ndeposit in the pension accumulation fund a sum equal to the product of\nthe employer's contribution rate exclusive of the rate for supplemental\npensions at the time of the member's entry into such teaching service,\nhis annual full-time rate of compensation at that time, and the period\nof military service being claimed, with regular interest. Such deposit\nmust be made on or before October fourteenth, nineteen hundred\nseventy-seven, provided, however, such member may elect to deposit such\namount over a period of time no greater than the period for which credit\nis being claimed, in which case such payments must commence no later\nthan October fourteenth, nineteen hundred seventy-seven. If the full\namount of such payments is not paid to the retirement system at the time\nof retirement, the amount of service credited shall be proportional to\nthe total amount of the payments made.\n c. The credit for military service hereunder shall not be used to\nincrease a service retirement benefit if, at the time of retirement,\nsuch member (1) is retiring from service with less than ten years of\nfull-time service credit or (2) is retiring with less than three years\nof member service rendered subsequent to the date that he last became a\nmember of this system. Upon retirement, as specified in (1) or (2),\nthere shall be refunded to such member the amount of such deposit plus\naccrued interest exclusive of the amount deposited to the pension\naccumulation fund attributable to death and disability benefits.\n d. (1) In the case of members who have transferred into this system\nfrom another public retirement system within the state of New York,\ntheir rate of contribution shall be computed as though they had been a\nmember of this system from the date of membership in the retirement\nsystem from which they transferred.\n (2) Any other provision of law to the contrary notwithstanding, the\nrate of contribution to be used in calculating contributions to the\nannuity savings fund pursuant to this subdivision shall be at the rate\nof four per centum of earnable compensation for members whose date of\nmembership is on or before June thirtieth, nineteen hundred forty-eight\nand at the rate of five per centum of earnable compensation for members\nwhose date of membership is on or after July first, nineteen hundred\nforty-eight.\n e. In no event shall credit be granted pursuant to this subdivision if\ncredit is granted for the same period of time pursuant to other\nprovisions of law.\n f. No application for credit pursuant to the provisions of this\nsubdivision shall be honored if made on or after April fifteenth,\nnineteen hundred seventy-seven.\n 10-a. Credit for certain World War II service. a. In addition to\ncredit for military service pursuant to section two hundred forty-three\nof the military law and subdivisions six through nine of this section, a\nmember who joined the retirement system prior to July first, nineteen\nhundred seventy-three, and who was not eligible for credit for military\nservice under subdivision ten of this section as a result of being on a\nleave of absence without pay between July twentieth, nineteen hundred\nseventy-six and October fifteenth, nineteen hundred seventy-seven or on\nleave of absence with less than full pay between July twentieth,\nnineteen hundred seventy-six and October fifteenth, nineteen hundred\nseventy-seven, may obtain credit for military service not in excess of\nthree years and not otherwise creditable under section two hundred\nforty-three of the military law and subdivisions six through nine of\nthis section, rendered on active duty in the armed forces of the United\nStates during the period commencing July first, nineteen hundred forty,\nand terminating December thirty-first, nineteen hundred forty-six, or on\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 on service by one who served as a United States civilian\nemployed by the American Field Service and served overseas under United\nStates Armies and United States Army Groups in world war II during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one\nthrough May eighth, nineteen hundred forty-five, and who (i) was\ndischarged or released therefrom under honorable conditions, or (ii) has\na qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (iii) is a discharged LGBT veteran,\nas defined in section one of the veterans' services law, and has\nreceived a discharge other than bad conduct or dishonorable from such\nservice, or on service by one who served as a United States civilian\nFlight Crew and Aviation Ground Support Employee of Pan American World\nAirways or one of its subsidiaries or its affiliates and served overseas\nas a result of Pan American's contract with Air Transport Command or\nNaval Air Transport Service during the period of armed conflict,\nDecember fourteenth, nineteen hundred forty-one through August\nfourteenth, nineteen hundred forty-five, and who (iv) was discharged or\nreleased therefrom under honorable conditions, or (v) 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 (vi) 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, by a person\nwho was a resident of New York state at the time of entry into such\nservice and at the time of being discharged therefrom under honorable\ncircumstances, and who makes the payments required in accordance with\nthe provisions of this subdivision.\n However, no military service shall be creditable under this\nsubdivision in the case of a member who is receiving a military pension\n(other than for disability) for military service in the armed forces of\nthe United States.\n b. To obtain such credit a member shall: (1) deposit in the annuity\nsavings fund a sum equal to the product of his required contribution\nrate at time of entry into full-time New York state teaching service,\nhis annual full-time rate of compensation at that time, and the period\nof military service being claimed, with regular interest, and (2)\ndeposit in the pension accumulation fund a sum equal to the product of\nthe employer's contribution rate exclusive of the rate for supplemental\npensions at the time of the member's entry into such teaching service,\nhis annual full-time rate of compensation at that time, and the period\nof military service being claimed, with regular interest. Such deposit\nmust be made on or before October fourteenth, nineteen hundred eighty,\nprovided, however, such member may elect to deposit such amount over a\nperiod of time no greater than the period for which credit is being\nclaimed, in which case such payments must commence no later than October\nfourteenth, nineteen hundred eighty. If the full amount of such payments\nis not paid to the retirement system at the time of retirement, the\namount of service credited shall be proportional to the total amount of\nthe payments made.\n c. The credit for military service hereunder shall not be used to\nincrease a service retirement benefit if, at the time of retirement,\nsuch member (1) is retiring from service with less than ten years of\nfull-time service credit or (2) is retiring with less than three years\nof member service rendered subsequent to the date that he last became a\nmember of this system. Upon retirement, as specified in (1) or (2),\nthere shall be refunded to such member the amount of such deposit plus\naccrued interest exclusive of the amount deposited to the pension\naccumulation fund attributable to death and disability benefits.\n d. (1) In the case of members who have transferred into this system\nfrom another public retirement system within the state of New York,\ntheir rate of contribution shall be computed as though they had been a\nmember of this system from the date of membership in the retirement\nsystem from which they transferred.\n (2) Any other provision of law to the contrary notwithstanding, the\nrate of contribution to be used in calculating contributions to the\nannuity savings fund pursuant to this subdivision shall be at the rate\nof four per centum of earnable compensation for members whose date of\nmembership is on or before June thirtieth, nineteen hundred forty-eight\nand at the rate of five per centum of earnable compensation for members\nwhose date of membership is on or after July first, nineteen hundred\nforty-eight.\n e. In no event shall credit be granted pursuant to this subdivision if\ncredit is granted for the same period of time pursuant to other\nprovisions of law.\n f. No application for credit pursuant to the provisions of this\nsubdivision shall be honored if made on or after October fifteenth,\nnineteen hundred eighty.\n 11. a. If a retired member, receiving a retirement allowance for other\nthan disability, returns to active public service, except as otherwise\nprovided in sections two hundred eleven or two hundred twelve of the\nretirement and social security law, and is eligible for membership in\nthe retirement system, such employee shall become a member and their\nretirement allowance shall be suspended in the same manner as provided\nin subdivision five of this section. Upon subsequent retirement such\nemployee shall:\n 1. Be credited with all member service earned since they last became a\nmember of the retirement system, and\n 2. Receive a retirement allowance which shall consist of the pension\nwhich such employee was receiving immediately prior to the last\nrestoration to membership as provided in subdivision five of this\nsection, plus a pension based upon the service credit earned since such\nemployee last became a member. Such latter pension shall be computed as\nif they were a new member when they rejoined the system pursuant to the\nprovisions of this subdivision.\n b. Where such member shall have earned at least two years of service\ncredit after restoration to active service, the total service credit to\nwhich such member was entitled at the time of the earlier retirement\nmay, at their option, again be credited to them and upon subsequent\nretirement such member shall be credited in addition for purposes of\ncomputation of the pension portion of the retirement allowance with all\nservice credit earned subsequent to the last restoration to membership.\nSuch total service credit to which such member was entitled at the time\nof the earlier retirement shall be so credited only in the event that\nsuch member returns to the retirement system with regular interest the\nactuarial equivalent of the amount of the pension received, or in the\nevent that such amount is not so repaid the actuarial equivalent thereof\nshall be deducted from such member's subsequent retirement allowance.\n c. Notwithstanding the foregoing provisions of this subdivision, a\nretired member who is receiving a retirement allowance for other than\nphysical disability, and who returns to active public service, may elect\nnot to be restored to membership in the retirement system until such\nretired member has rendered one year of service following their return\nto public service. In such event the retirement allowance shall be\nsuspended during such year of service in the same manner as provided in\nsubdivision five of this section. Upon restoration to membership\nfollowing completion of such year of service, service in such year shall\nbe deemed to be service while a member for purposes of subdivision b of\nsection five hundred twelve of this article. Such retired member may\npurchase service credit for such year, which shall be deemed earned\nservice credit. If a retired member receiving a retirement benefit\nallowance for other than physical disability, returns to active public\nservice, and is then ineligible for membership in the retirement system,\nthe retirement allowance shall be suspended in the same manner as\nprovided in this section.\n d. Notwithstanding any other provision of this article, a retired\nmember who rejoins the system under the provisions of this subdivision\nshall only be entitled to a death benefit according to the provisions of\nparagraph two of subdivision b of section five hundred twelve of this\narticle and of no other subdivision thereof and for the purposes of such\nparagraph two of subdivision b of section five hundred twelve the\ncredited service as a teacher shall be service as a teacher credited\nsince last joining the system.\n