§ 401. 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 sections two hundred eleven or two hundred twelve of this\nchapter, and is eligible for membership in the police and fire\nretirement system, he or she thereupon shall become a member and his or\nher retirement allowance shall cease. In such event, he or she shall\ncontribute to the police and fire retirement system as if he or she were\na new member. Upon his subsequent retirement he or she shall:\n 1. Be credited with all member service earned by him or her since he\nor she last became a member of the police and fire retirement system,\nand\n 2. Received a retirement allowance which shall consist of:\n (a) An annuity which is the actuarial equivalent of all his or her\naccumulated contributions, and\n (b) The pension including the\npension-providing-for-increased-take-home-pay which he or she was\nreceiving immediately prior to his or her last restoration to\nmembership, plus a pension including the\npension-providing-for-increased-take-home-pay based upon the member\nservice credit earned by him or her since he or she last became a\nmember. Such latter pensions shall be computed as if he or she were a\nnew member when he or she 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 or she was entitled at the time of his or her earlier\nretirement may, at his or her option, again be credited to him or her\nand upon his or her subsequent retirement he or she shall be credited in\naddition with all member service earned by him or her subsequent to his\nor her last restoration to membership. Such total service credit to\nwhich he or she was entitled at the time of his or her earlier\nretirement shall be so credited only in the event that such member\nreturns to the police and fire retirement system with regular interest\nthe actuarial equivalent of the amount of the retirement allowance he or\nshe received, or in the event that such amount is not so repaid the\nactuarial equivalent thereof shall be deducted from his or her\nsubsequent 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 police and fire retirement\nsystem until he or she has rendered one year of service following his or\nher return to public service. In such event his or her retirement\nallowance shall be suspended during such year of service as provided in\nsubdivision b of this section. Upon restoration to membership following\ncompletion of such year of service, his or her service in such year\nshall be deemed to be service while a member for purposes of subdivision\nb of section three hundred sixty of this chapter. He or she may purchase\nmember service credit for such year, which shall be deemed earned member\nservice credit. This paragraph shall not be construed to authorize the\nreturn to public service of any person who is otherwise not eligible\ntherefor 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 police and fire retirement system, his\nor her retirement allowance shall be suspended in the same manner as\nprovided in subdivision b of this section.\n b. Temporary service.\n 1. The payment of any retirement allowance, or 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 compen
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