§ 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in this\narticle, or upon retirement on a pension, or at death, except that the\nmembership of a teacher, who has not withdrawn his contributions shall\nnot be cancelled if he (a) has not had sufficient service to be eligible\nfor disability retirement, and proves to the satisfaction of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\ncredit
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