2006 New York Code - Benefits Upon Re-entry Into Membership; After Retirement Of Original Plan Members.

 
    §  13-371  Benefits upon re-entry into membership; after retirement of
  original plan members. a. (1) Should a beneficiary receiving or entitled
  to receive a  retirement  allowance  under  the  provisions  of  section
  13-349,  or 3-350 of this subchapter, who was an original plan member at
  the time of his or her last retirement, re-enter  city-service,  his  or
  her   retirement  allowance  shall  cease.  In  the  case  of  any  such
  beneficiary who re-enters city-service (other than as fire  commissioner
  or  deputy  fire commissioner), he or she shall again become a member of
  the fund as an original plan  member,  and  in  the  case  of  any  such
  beneficiary who re-enters city-service by reason of being appointed fire
  commissioner or deputy fire commissioner, he or she shall again become a
  member  of  the  fund  as  an  original  plan member and, subject to the
  provisions of paragraph two of this  subdivision  shall  remain  such  a
  member  while  serving as fire commissioner or deputy fire commissioner,
  and an amount equal to the retirement  allowance  reserve  of  any  such
  member shall be transferred to the contingent reserve fund.
    (2)  Where  any beneficiary who again becomes a member as provided for
  in paragraph one of this subdivision a  elects  to  become  an  improved
  benefits  plan  member  pursuant to the applicable provisions of section
  13-315 of this subchapter:
    (i) he or she shall, if he or she became an original plan  member  not
  subject  to  article eleven (as defined in subdivision four-c of section
  13-313 of this subchapter) upon such restoration of membership, be  from
  the effective date of such election an improved benefits plan member not
  subject  to  article  eleven  (as  defined in subdivision four-i of such
  section 13-313); and
    (ii) he or she shall, if he or she  became  an  original  plan  member
  subject  to  article  eleven  (as  defined in subdivision four-d of such
  section 13-313)  upon  such  restoration  of  membership,  be  from  the
  effective date of such election an improved benefits plan member subject
  to  article  eleven  (as  defined  in subdivision four-j of such section
  13-313).
    (3) On and after the effective date  of  such  election,  his  or  her
  rights,  privileges, benefits and obligations, as such restored improved
  benefits plan member, shall be governed by  the  provisions  of  section
  13-372 of this subchapter.
    b. (1) Subject to the applicable provisions of paragraphs five and six
  of  this  subdivision  b,  in any case where any such beneficiary who is
  appointed fire commissioner or deputy  fire  commissioner,  subsequently
  retires  while fire commissioner or deputy fire commissioner and without
  having elected to become an improved benefits plan  member  pursuant  to
  the  applicable  provisions  of section 13-315 of this subchapter, he or
  she shall receive the retirement allowance, if any, which he or she  was
  receiving  or  entitled  to  receive  immediately  prior  to  his or her
  appointment as fire commissioner or  deputy  fire  commissioner  and  in
  addition,  a  further  retirement  allowance  as  provided  for  by  the
  applicable provisions of  paragraph  two  or  paragraph  three  of  this
  subdivision b.
    (2)  If  such  appointee  is  an  original  plan member not subject to
  article eleven at the time of such retirement as  fire  commissioner  or
  deputy  fire  commissioner, he or she shall receive a further retirement
  allowance of one-sixtieth of his or her  average  annual  salary  earned
  during  his  or her credited service as fire commissioner or deputy fire
  commissioner, multiplied by the number of years of his or  her  credited
  service as fire commissioner or deputy fire commissioner.
    (3)  If  such  appointee is an original plan member subject to article
  eleven at the time of such retirement as  fire  commissioner  or  deputy
  fire  commissioner,  he  or  she  shall  receive  a  further  retirement


  allowance determined pursuant to the provisions of paragraph two of this
  subdivision b, except to the extent and in  the  manner  that  any  such
  provision is modified by article eleven.
    (4)  The  further  retirement  allowance  payable to such appointee as
  prescribed by the applicable provisions of paragraph  two  or  paragraph
  three  of  this  subdivision  shall be payable in such form as he or she
  shall select under section 13-369 of this subchapter.
    (5) Subject to the provisions of paragraph six  of  this  subdivision,
  where  any beneficiary who is appointed fire commissioner or deputy fire
  commissioner shall have earned at least three years of member credit for
  service as fire commissioner or  deputy  fire  commissioner,  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 as fire commissioner or
  deputy  fire  commissioner, he or she shall be credited in addition with
  all service as fire commissioner or deputy fire commissioner.
    (6) Such total service credit  to  which  such  fire  commissioner  or
  deputy  fire commissioner was entitled at the time of his or her earlier
  retirement shall be credited as  provided  in  paragraph  five  of  this
  subdivision  b  only  in the event that he or she returns to the pension
  fund 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.
    c. During restoration to service for the city, other than city-service
  as  defined  in  this  subchapter, in lieu of suspension of any benefits
  payable in the event of his or her  death  by  reason  of  any  optional
  selection  in  respect to his or her retirement allowance, a beneficiary
  who was an original  plan  member  at  the  time  of  his  or  her  last
  retirement  prior to his or her last restoration to city-service may pay
  to the fund from which his or  her  ordinary  retirement  allowance  was
  payable,  the  amount  by which his or her ordinary retirement allowance
  exceeded the optional retirement allowance theretofore granted to him or
  her, in which event such optional benefit shall continue and be  payable
  in the event of his or her death as though no payment were suspended.