2006 New York Code - Benefits Upon Re-entry Into Membership; After Retirement.

 
    § 13-178 Benefits upon re-entry into membership; after retirement.
    a.  (1)  Should  a  beneficiary  receiving  or  entitled  to receive a
  retirement allowance under the provisions  of  section  13-150  of  this
  chapter,  or  under  sections  13-166,  13-151,  13-154, 13-159, 13-160,
  13-161, 13-162, 13-164 and 13-178 of  this  chapter,  or  a  beneficiary
  whose  retirement  allowance  under  section  13-173 of this chapter has
  become payable pursuant to  subdivision  b  of  such  section,  re-enter
  city-service,  the  payment of his or her pension, his or her additional
  or       further       pension       and        his        or        her
  pension-providing-for-increased-take-home-pay,  if  any,  only  shall be
  suspended and forfeited during the period of such city-service except as
  herein otherwise provided. If he or she is  under  his  or  her  minimum
  service  retirement  age,  he  or she shall again become a member of the
  retirement system.
    (2) If:
    (a) he or she has attained his or her minimum service  retirement  age
  but  has  not attained the age of seventy years and his or her mandatory
  retirement age, if he or she became a member,  would  be  prescribed  by
  subdivision one of section 13-166 of this chapter; or
    (b)  his or her re-entry into service occurred on or after July first,
  nineteen hundred sixty-eight and he or  she  has  attained  his  or  her
  minimum  service  retirement  age  but  has  not  attained the mandatory
  retirement age of sixty-five or seventy years, as the case may be, which
  would be applicable to him  or  her  under  subdivision  three  of  such
  section 13-166 of this chapter if he or she became a member; or
    (c)  if  he  or she be, or become, an official referee after attaining
  the age of seventy years;
    he may file a duly  executed  and  acknowledged  application  therefor
  within  ninety days after his or her return to service or in the case of
  an official referee, at any time after his or her return to service, and
  thereupon again become a member of such system.
    (3) (a) Upon the re-entry into  membership  of  any  beneficiary,  the
  payment  of  his  or  her  annuity,  if any, shall also be suspended and
  forfeited and the annuity reserve, if  any,  of  such  member  shall  be
  transferred  to  his or her credit in the annuity savings fund. Any such
  beneficiary shall contribute to such fund as if he or  she  were  a  new
  entrant; provided however, that if, upon such re-entry, he or she became
  a  transit  twenty-year plan member (as defined in subdivision sixty-one
  of section 13-101 of this chapter) who, pursuant  to  subdivision  1  of
  section  13-161  of this chapter is relieved of making contributions, he
  or  she  shall  be  a  new-entrant  but  shall  be  relieved  of  making
  contributions  so  long  as  he  or  she  is  entitled to be so relieved
  pursuant to such subdivision l. Any discontinued member who has attained
  the age of fifty-five years and who re-enters into membership at a  time
  when  his  or  her  retirement  allowance  under  section 13-173 of this
  chapter has not become payable, shall also contribute to such fund as if
  he or she were a new entrant.
    (b) Upon the subsequent retirement of any such member who was  such  a
  beneficiary or discontinued member, he or she shall be credited with all
  his or her service as a member subsequent to his or her last restoration
  to  membership,  and shall receive a retirement allowance therefor as if
  he or she were a new entrant, payable in such form as he  or  she  shall
  select under section 13-177 of this chapter.
    (4)   In   addition,  upon  the  subsequent  retirement  of  any  such
  beneficiary mentioned in paragraph three of this subdivision  a,  he  or
  she shall receive the pension, the additional or further pension and the
  pension-providing-for-increased-take-home-pay,  if  any, which he or she


  was receiving or entitled to receive immediately prior  to  his  or  her
  last restoration.
    (5)  If  any  such discontinued member mentioned in paragraph three of
  this subdivision a, whose retirement allowance under section  13-173  of
  this  chapter  was  not  payable at the time of his or her re-entry into
  membership, shall, after such re-entry, file an application for  payment
  of  such  retirement  allowance  pursuant to such section 13-173 of this
  chapter, he or she shall, upon his  or  her  subsequent  retirement,  be
  entitled  to  receive  such  retirement  allowance,  in  addition to any
  retirement allowance to which he  or  she  may  be  entitled  under  the
  provisions of paragraph three of this subdivision a.
    (6)  (i)  Subject  to  the  provisions  of  subparagraph  (ii) of this
  paragraph six, where any beneficiary mentioned in paragraph one of  this
  subdivision  a  shall have earned at least three years of member service
  credit after restoration to active service, the total service credit  to
  which  he  or  she  was  entitled  at  the  time  of  his or her earlier
  retirement may, at his or her election, again be credited to him or  her
  and upon his or her subsequent retirement he or she shall be credited in
  addition  with all member service earned by him or her subsequent to his
  or her last restoration to membership.
    (ii) Such total-service credit to which he or she was entitled at  the
  time  of  his or her earlier retirement shall be credited as provided in
  subparagraph one of this paragraph six only in the event that he or  she
  returns  to  the  retirement  system with regular interest the actuarial
  equivalent of the amount of the retirement allowance he or she received;
  provided, however, that in the event that such amount is not so  repaid,
  the  actuarial  equivalent  thereof  shall  be  deducted from his or her
  subsequent retirement allowance.
    b. Under this section or  section  eleven  hundred  seventeen  of  the
  charter,  during  restoration to city-service or service under the state
  of New York or any municipal corporation or political subdivision of the
  state, any benefits payable in the event of his or her death  by  reason
  of  any  optional  selection in respect to his or her pension and his or
  her pension-for-increased-take-home-pay,  if  any,  shall  be  suspended
  unless  the beneficiary shall pay to the fund or funds from which his or
  her ordinary pension and his or her pension-for-increased-take-home-pay,
  if any, were payable, the amount by which his or  her  ordinary  pension
  and his or her pension-for-increased-take-home-pay, if any, exceeded the
  optional  pension and his or her pension-for-increased-take-home-pay, if
  any, theretofore granted to him or her. In the event of his or her death
  during any period covered by such contribution,  such  optional  benefit
  shall  be  payable. The provisions of this subdivision b shall not apply
  to any such beneficiary to whom the provisions of  subdivision  four  of
  section 13-151 of this chapter are applicable.