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



 
    §  13-179 Benefits upon re-entry into membership; after disability. a.
  (1) A disability beneficiary who has been  or  shall  be  reinstated  to
  active  service,  as  provided  in  section 13-171 of this chapter, at a
  compensation not less than the final compensation on the basis of  which
  he  or  she  was  retired, shall from the date of such restoration again
  become a member of the retirement system.
    (2) His or her retirement allowance shall thereupon be suspended, and,
  subject to the provisions of paragraph three of this subdivision  a,  he
  or she shall contribute to such system thereafter in the same manner and
  at  the  same  rate  as  he  or  she paid prior to his or her disability
  retirement, subject to the provisions of section 13-152 of this chapter.
    (3) In any case  where  any  such  beneficiary  reinstated  under  the
  circumstances  specified  in  paragraph  one  of  this subdivision a, is
  reinstated  as  a  transit  twenty-year  plan  member  (as  defined   in
  subdivision  sixty-one  of section 13-101 of this chapter) and he or she
  is relieved, pursuant  to  subdivision  l  of  section  13-161  of  this
  chapter,  of  making contributions, such member shall not be required to
  make contributions so  long  as  he  or  she  is  entitled,  under  such
  subdivision l, to be relieved of making contributions.
    b.  A  disability  beneficiary  who has been or shall be reinstated to
  active service as provided in  section  13-171  of  this  chapter  at  a
  compensation  less  than the final compensation on the basis of which he
  or  she  was  retired,  or  who  has  been  otherwise   re-employed   in
  city-service  at  such a lesser compensation, may at his or her election
  again become a member of the  retirement  system,  provided  he  or  she
  waives  the  right to receive any disability retirement allowance during
  the entire period of such resumed membership.
    c. When any disability beneficiary has again become a  member  of  the
  retirement  system  pursuant  to the provisions of subdivision a or b of
  this section, any prior-service and member-service on the basis of which
  his or her service was computed at the time of  his  or  her  retirement
  shall  be  restored to full force and effect, and, in addition, upon his
  or her subsequent retirement, he or she shall be credited  with  all  of
  his or her service as a member subsequent to his or her last restoration
  to membership.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.