New York Retirement and Social Security Code § 101

Reduction or suspension of benefits
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§ 101. Reduction or suspension of benefits. a. If a retired member,\nreceiving a retirement allowance for other than physical disability,\nreturns to active public service, except as otherwise provided in this\nsection or section two hundred eleven or two hundred twelve of this\nchapter, and is eligible for membership in the retirement system, he\nthereupon shall become a member and his retirement allowance shall\ncease. In such event, he shall contribute to the retirement system as if\nhe were a new member. Upon his subsequent retirement he shall:\n  1. Be credited with all member service earned by him since he last\nbecame a member of the retirement system, and\n  2. Receive a retirement allowance which shall consist of:\n  (a) An annuity which is the actuarial equivalent of all his\naccumulated contributions, and\n  (b) The pension including the\npension-providing-for-increased-take-home-pay which he was receiving\nimmediately prior to his last restoration to membership, plus a pension\nincluding the pension-providing-for-increased-take-home-pay based upon\nthe member service credit earned by him since he last became a member.\nSuch latter pensions shall be computed as if he were a new member when\nhe last became a member.\n  Where such member shall have earned at least two years of member\nservice credit after restoration to active service, the total service\ncredit to which he was entitled at the time of his earlier retirement\nmay, at his option, again be credited to him and upon his subsequent\nretirement he shall be credited in addition with all member service\nearned by him subsequent to his last restoration to membership. Such\ntotal service credit to which he was entitled at the time of his earlier\nretirement shall be so credited only in the event that such member\nreturns to the retirement system with regular interest the actuarial\nequivalent of the amount of the retirement allowance he received, or in\nthe event that such amount is not so repaid the actuarial equivalent\nthereof shall be deducted from his subsequent retirement allowance.\n  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 he has\nrendered one year of service following his return to public service. In\nsuch event his retirement allowance shall be suspended during such year\nof service as provided in subdivision b of this section. Upon\nrestoration to membership following completion of such year of service,\nhis service in such year shall be deemed to be service while a member\nfor purposes of subdivision b of section sixty of this chapter. He may\npurchase member service credit for such year, which shall be deemed\nearned member service credit. This paragraph shall not be construed to\nauthorize the return to public service of any person who is otherwise\nnot eligible therefor on account of having reached age seventy.\n  If a retired member receiving a retirement allowance for other than\nphysical disability, returns to active public service, and is then\nineligible for membership in the retirement system, his retirement\nallowance shall be suspended in the same manner as provided in\nsubdivision b of this section.\n  b. Temporary service.\n  1. The payment of any retirement allowance, or of any benefit in lieu\nthereof, on account of retirement for other than physical disability\nshall be suspended as provided herein, during the time that the\nbeneficiary thereof is in receipt of other compensation paid from direct\nor indirect state or municipal taxes:\n  (a) For temporary government or temporary public service other than\njury duty, or\n  (b) For service pursuant to subdivision d of this section where the\nretired member continues as a beneficiary of the retirement system, or\n  (c) For service pursuant to subdivision e of

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