NY Educ L § 503 (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 11 - State Teachers' Retirement System for Public School Teachers 503 - Membership of System.

§ 503. Membership  of  system.  1.  The  membership  of the retirement system shall consist of the following:   a. All teachers who were teachers  on  or  before  the  first  day  of August,  nineteen hundred twenty-one, who shall file with the retirement board applications for membership, except  those  specifically  excluded under subdivision four of this section.   b.  All  teachers  who were not teachers on or before the first day of August, nineteen hundred twenty-one, except those specifically  excluded under subdivision four of this section.   2.  The  retirement  board  may,  in its discretion, deny the right to become members to any class  of  teachers  whose  compensation  is  only partly  paid  by  the  employer or who are serving on a temporary or any other than a per annum basis, and it may also, in its  discretion,  make optional  with  members in any such class their individual entrance into membership.   3. The membership of any person in the retirement system  shall  cease when  seven years have elapsed since the member has performed service as a teacher which was credited with  the  system  except  as  provided  in section five hundred twelve-a of this article, or upon the withdrawal by a  contributor  of  his  accumulated  contributions  as provided in this article, or upon retirement on a pension, or at death, except  that  the membership  of  a teacher, who has not withdrawn his contributions shall not be cancelled if he (a) has not had sufficient service to be eligible for disability  retirement,  and  proves  to  the  satisfaction  of  the retirement  board  that  absence  from  service  was  caused by personal illness  constituting  disability  or  (b)  is  eligible  to  receive  a retirement allowance from the system for other than disability.   4.  Teachers who are members or who become members of a local district pension  system  maintained  under  the   laws   of   the   state   from appropriations  or  contributions  made  wholly or partly by an employer shall be excluded from membership in this retirement system.   5. A retired teacher receiving a retirement allowance for  other  than disability may return to active public service. Any such retired teacher returning  to  active  service  shall  immediately notify the retirement board of his intention. Except as otherwise  provided  in  sections  two hundred  eleven  and  two  hundred  twelve  of the retirement and social security law and section one hundred fifty of the civil service law, his retirement allowance shall be suspended during the time he is in  active service.  If  such  teacher  has  not  elected  an optional benefit, the payments of his annuity so  suspended  shall  be  held  in  the  annuity reserve  fund  at  regular  interest,  and  upon  the  resumption of his retirement  allowance  after  again  leaving  the  active  service  such accumulated  amounts  shall be applied to increase the annuity otherwise payable to him or in the event of his death while in active service such accumulated amounts shall be paid to his estate or  to  such  person  as last  designated as the beneficiary of his accumulated contributions. If such teacher has elected an optional benefit and dies  while  in  active service, the optional benefit in respect of his annuity shall be payable as  if  no annuity payments had been suspended, but the optional benefit in respect of his  pension  shall  not  be  payable  in  excess  of  the proportion  that the cost of such optional pension, when measured by the difference between his pension without  optional  modification  and  the optional  pension,  is  currently  covered  by the amount of the annuity payments suspended while he is in active service, which difference shall be paid during the period of his active service from the annuity reserve fund to the fund from which his pension was payable. If,  however,  such full  cost of the optional pension is greater than the suspended annuity payments, the teacher may elect upon returning to active service to  pay  the  amount  of  such difference directly to the retirement system to be credited to the fund from which his pension was payable, and subject  to such  payments  monthly in advance, or at such other intervals as may be agreed  upon  with the retirement board, the optional benefit in respect of the pension shall be payable in the event the teacher dies  while  in active  service,  as  if  no pension payments had been suspended. If the suspended annuity payments are  greater  than  such  full  cost  of  the optional pension, the amount of such difference shall be held at regular interest  in  the  annuity  reserve fund, and upon the resumption of his retirement allowance after again leaving active service such accumulated amounts shall be applied to increase the annuity  otherwise  payable  to him,  or  in  the  event  of  his  death  while  in  active service such accumulated amounts shall be paid to his estate or  to  the  beneficiary nominated under the option.   6.  Credit  for  service  in  war  after world war I, which shall mean military service during the period commencing the  first  day  of  July, nineteen  hundred  forty,  and  terminating  the  thirtieth day of June, nineteen hundred  forty-seven,  or  during  the  period  commencing  the twenty-seventh  day of June, nineteen hundred fifty, and terminating the thirty-first day of January, nineteen hundred fifty-five, or during both such periods, as a member of the armed forces of the United  States,  of any  person  who  (i)  has  been  honorably discharged or released under honorable circumstances from such service,  or  (ii)  has  a  qualifying condition,  as  defined  in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (iii) is a discharged LGBT veteran, as defined  in section  three  hundred  fifty  of the executive law, and has received a discharge other than bad conduct or dishonorable from such  service,  or service  by  one  who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as  a  merchant  seaman documented  by  the United States Coast Guard or Department of Commerce, or as a civil servant employed  by  the  United  States  Army  Transport Service  (later  redesignated  as  the United States Army Transportation Corps, Water Division) or the  Naval  Transportation  Service;  and  who served  satisfactorily  as  a  crew  member  during  the period of armed conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such terms  are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and  Canada, Mexico,  or  the  West  Indies  via  ocean  routes, or public vessels in oceangoing service or foreign waters and who has received a  Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of  Defense  or  who  served as a United States civilian employed by the American Field Service and served overseas under  United  States  Armies and United States Army Groups in world war II during the period of armed conflict,  December  seventh,  nineteen  hundred  forty-one  through May eighth, nineteen hundred forty-five, and  (iv)  who  was  discharged  or released  therefrom  under honorable conditions, or (v) has a qualifying condition, as defined in section three hundred fifty  of  the  executive law, and has received a discharge other than bad conduct or dishonorable from  such  service, or (vi) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law,  and  has  received  a discharge  other  than bad conduct or dishonorable from such service, or who served as a United States civilian Flight Crew and  Aviation  Ground Support   Employee   of  Pan  American  World  Airways  or  one  of  its subsidiaries or its affiliates and served overseas as a  result  of  Pan  American's  contract  with  Air Transport Command or Naval Air Transport Service during  the  period  of  armed  conflict,  December  fourteenth, nineteen  hundred  forty-one through August fourteenth, nineteen hundred forty-five,  and  who  (vii)  was discharged or released therefrom under honorable conditions, or (viii) has a qualifying condition,  as  defined in  section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such  service,  or (ix)  is  a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than  bad conduct  or dishonorable from such service, and who was a teacher in the public schools of this state at the time of his entrance into the  armed forces of the United States, provided no compensation was received under the provisions of section two hundred forty-two of the military law, and who returned to public school teaching following discharge or completion of  advanced  education  provided under servicemen's readjustment act of nineteen hundred forty-four, or who following such discharge or  release entered  into  a  service  which  would  qualify him pursuant to section forty-three of the retirement and social security law  to  transfer  his membership  in  the New York state teachers' retirement system, shall be provided as follows, any provisions of section two  hundred  forty-three of the military law to the contrary notwithstanding.  (a)  Service  in  war after world war I as defined in this subdivision shall be deemed to be service for all purposes of the  retirement  fund, provided  claim  for  such service shall be filed by the member with the retirement board  within  two  years  following  his  return  to  active teaching  service  or the entry of the member into a service which would qualify him pursuant to section fifty-nine of the civil service  law  to transfer  his  membership  to  the  New  York city employees' retirement system or to the New York state  employees'  retirement  system  or  the fifteenth  day  of  April,  nineteen  hundred  sixty-seven, whichever is later.  (b) For the purposes of computing final average  salary,  compensation during any period of service in war after world war I shall be deemed to have  been  at  the  member's rate of compensation in effect immediately prior to such period, or based on additional increments due  him  if  he had continued teaching.  (c)  Contributions  paid by any member under the provisions of section two hundred forty-three of the military law shall be  refunded  directly to  the  member  and the corresponding contribution paid by the district shall also be returned directly to the district.  (d) On the retirement of a member with credit for service in war after world war I as defined in this subdivision, there shall  be  transferred from  the  pension  accumulation  fund to the annuity reserve fund a sum equivalent to the contributions  the  member  would  have  made  to  the annuity  savings fund had he contributed during his period of service in war after world war I at the rate in effect immediately  prior  to  such period,  or  on  additional  increments  due  him  if  he  had continued teaching, with interest to the date of retirement, which  amounts  shall be used to provide an annuity for him.  (e)  In  addition  to  the  contributions required of employers to the retirement  system  as  otherwise  provided,  there  shall  be  paid  an additional  contribution  to  the pension accumulation fund to cover the cost of  the  additional  benefits  covered  by  this  subdivision.  The additional  contributions  shall  be collected by increasing the regular contributions of the employers in the same proportion as the liabilities of the pension accumulation fund are increased by the adoption  of  this subdivision.    7.  A  teacher,  who  was  a  member  of  the  New York state teachers retirement  system  but  who  withdrew  his  accumulated   contributions immediately  prior to his entry into, or during his service in the armed forces of the United States in war after World War I, who (i)  has  been honorably  discharged or released from service, or (ii) has a qualifying condition, as defined in section three hundred fifty  of  the  executive law, and has received a discharge other than bad conduct or dishonorable from  such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law,  and  has  received  a discharge  other  than  bad  conduct  or dishonorable from such service, provided no compensation was received under the  provisions  of  section two  hundred  forty-two  of the military law, and who returned to public school teaching in the state of New York  following  such  discharge  or release,  or  following  completion of advanced education provided under servicemen's  readjustment  act  of  nineteen  hundred  forty-four,  any provisions of section two hundred forty-three of the military law to the contrary  notwithstanding, will be entitled to credit for service in war after World War I, cost free, provided, however, that such  credit  will not  be  allowed until he claims and pays for all prior teaching service credited to him at the time of his termination of membership in the  New York  state  teachers retirement system, and provided further that claim for such service in war after World War I shall be filed by  the  member with the retirement board before the first day of July, nineteen hundred sixty-eight.   8.  A  teacher  who  had  been granted credit for service in war after world war I as provided in this section and whose membership in the  New York  state  teachers retirement system subsequently ceased by reason of withdrawal of his accumulated contributions will, upon rejoining the New York state teachers retirement system, be entitled to  the  same  credit for  service  in  war after world war I, cost free, that he was credited with upon termination of his membership in the New York  state  teachers retirement  system,  provided,  however,  that  such  credit will not be allowed until he claims and pays for all prior teaching service credited to him at the time of his termination of  membership  in  the  New  York state teachers retirement system.   9.  Credit  for  emergency service on or after October first, nineteen hundred sixty-one, shall mean active duty (other than for  training)  in the  armed  forces  of  the United States as defined in title ten of the United States code on or after October first, nineteen hundred sixty-one and terminating on June thirtieth, nineteen hundred  sixty-three  or  on the  date  that  no  reserve  component unit originally ordered into the active service of the United States from the state on or  after  October first,  nineteen  hundred  sixty-one  remains  on  such  active service, whichever sooner occurs, of any person who:   a. was a teacher in the public schools of this state at  the  time  of his entrance into such armed forces,   b.  was a member of the New York state teachers' retirement system and an employee of the state or of an employer at the time he  entered  such armed forces,   c.  (i)  has  been  honorably  discharged  or released under honorable circumstances from such service, or (ii) has a qualifying condition,  as defined  in  section  three  hundred fifty of the executive law, and has received a discharge other than bad conduct or  dishonorable  from  such service,  or  (iii)  is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received  a  discharge other than bad conduct or dishonorable from such service, and   d.  returned  to  public  school  teaching  within  one year following discharge or release, or completion of advanced  education  provided  by  the  United  States  for  education  of Korean conflict veterans, or who following such discharge or release entered into a service  which  would qualify  him,  pursuant  to  section  forty-three  of the retirement and social  security  law,  to transfer his membership in the New York state teachers retirement system. Such service shall not include  any  periods during  which  compensation  was  received  by  the  member  for accrued vacation and overtime credit or under  the  provisions  of  section  two hundred  forty-two  of  the  military  law or section six of chapter six hundred eight of the laws of nineteen hundred fifty-two.   Emergency  service  on  or  after  October  first,  nineteen   hundred sixty-one,  shall  for the purposes of this article be deemed credit for service in war after world war I.   10. Credit for certain World War II service.  a. In addition to credit for military service pursuant to section two hundred forty-three of  the military law and subdivisions six through nine of this section, a member employed as a full-time teacher by an employer as defined in subdivision three  of  section  five  hundred one of this article and who joined the retirement system prior to July first, nineteen  hundred  seventy-three, may  obtain credit for military service not in excess of three years and not otherwise creditable under section two hundred  forty-three  of  the military law and subdivisions six through nine of this section, rendered on  active  duty  in  the  armed  forces of the United States during the period commencing July first, nineteen hundred  forty,  and  terminating December  thirty-first, nineteen hundred forty-six, or on service by one who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman  documented  by  the United  States  Coast  Guard  or  Department  of Commerce, or as a civil servant employed by the United  States  Army  Transport  Service  (later redesignated  as  the  United  States  Army  Transportation Corps, Water Division)  or  the  Naval  Transportation  Service;   and   who   served satisfactorily  as  a  crew  member during the period of armed conflict, December seventh,  nineteen  hundred  forty-one,  to  August  fifteenth, nineteen  hundred  forty-five,  aboard  merchant  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such  terms  are defined under federal law (46 USCA 10301 & 10501) and further to include "near  foreign" voyages between the United States and Canada, Mexico, or the West Indies via  ocean  routes,  or  public  vessels  in  oceangoing service  or foreign waters and who has received a Certificate of Release or Discharge from  Active  Duty  and  a  discharge  certificate,  or  an Honorable Service Certificate/Report of Casualty, from the Department of Defense  or  on  service  by  one who served as a United States civilian employed by the American Field Service and served overseas under  United States  Armies  and United States Army Groups in world war II during the period of armed conflict, December seventh, nineteen  hundred  forty-one through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than  bad  conduct  or dishonorable  from  such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and  has received  a  discharge  other than bad conduct or dishonorable from such service, or on service by one who served as  a  United  States  civilian Flight  Crew  and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with  Air  Transport  Command  or Naval  Air  Transport  Service  during  the  period  of  armed conflict, December  fourteenth,  nineteen   hundred   forty-one   through   August fourteenth,  nineteen hundred forty-five, and who (iv) was discharged or  released therefrom under honorable conditions, or (v) has  a  qualifying condition,  as  defined  in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from  such  service, or (vi) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law,  and  has  received  a discharge other than bad conduct or dishonorable from such service, by a person  who  was  a resident of New York state at the time of entry into such service and  at  the  time  of  being  discharged  therefrom  under honorable   circumstances,  and  who  makes  the  payments  required  in accordance with the provisions of this subdivision.   However,  no  military  service  shall  be   creditable   under   this subdivision  in the case of a member who is receiving a military pension (other than for disability) for military service in the armed forces  of the United States.   b.  To  obtain  such credit a member shall: (1) deposit in the annuity savings fund a sum equal to the product  of  his  required  contribution rate  at  time  of entry into full-time New York state teaching service, his annual full-time rate of compensation at that time, and  the  period of  military  service  being  claimed,  with  regular  interest, and (2) deposit in the pension accumulation fund a sum equal to the  product  of the  employer's contribution rate exclusive of the rate for supplemental pensions at the time of the member's entry into such  teaching  service, his  annual  full-time rate of compensation at that time, and the period of military service being claimed, with regular interest.  Such  deposit must   be  made  on  or  before  October  fourteenth,  nineteen  hundred seventy-seven, provided, however, such member may elect to deposit  such amount over a period of time no greater than the period for which credit is  being  claimed,  in  which case such payments must commence no later than October fourteenth, nineteen hundred  seventy-seven.  If  the  full amount of such payments is not paid to the retirement system at the time of  retirement,  the amount of service credited shall be proportional to the total amount of the payments made.   c. The credit for military service hereunder  shall  not  be  used  to increase  a  service  retirement  benefit if, at the time of retirement, such member (1) is retiring from service with less  than  ten  years  of full-time  service  credit or (2) is retiring with less than three years of member service rendered subsequent to the date that he last became  a member  of  this  system.  Upon  retirement, as specified in (1) or (2), there shall be refunded to such member the amount of such  deposit  plus accrued  interest  exclusive  of  the  amount  deposited  to the pension accumulation fund attributable to death and disability benefits.   d. (1) In the case of members who have transferred  into  this  system from  another  public  retirement  system  within the state of New York, their rate of contribution shall be computed as though they had  been  a member  of  this  system  from  the date of membership in the retirement system from which they transferred.  (2) Any other provision of law to the  contrary  notwithstanding,  the rate  of  contribution  to  be  used in calculating contributions to the annuity savings fund pursuant to this subdivision shall be at  the  rate of  four  per  centum of earnable compensation for members whose date of membership is on or before June thirtieth, nineteen hundred  forty-eight and  at the rate of five per centum of earnable compensation for members whose date of membership is on or after  July  first,  nineteen  hundred forty-eight.   e. In no event shall credit be granted pursuant to this subdivision if credit  is  granted  for  the  same  period  of  time  pursuant to other provisions of law.    f. No application for  credit  pursuant  to  the  provisions  of  this subdivision  shall  be  honored  if  made  on  or after April fifteenth, nineteen hundred seventy-seven.   10-a.  Credit  for  certain  World War II service.   a. In addition to credit for military service pursuant to section two hundred  forty-three of the military law and subdivisions six through nine of this section, a member  who  joined  the retirement system prior to July first, nineteen hundred seventy-three, and who was not eligible for credit for  military service  under subdivision ten of this section as a result of being on a leave of absence without pay between July  twentieth,  nineteen  hundred seventy-six  and October fifteenth, nineteen hundred seventy-seven or on leave of absence  with  less  than  full  pay  between  July  twentieth, nineteen  hundred  seventy-six  and  October fifteenth, nineteen hundred seventy-seven, may obtain credit for military service not in  excess  of three  years  and  not  otherwise  creditable  under section two hundred forty-three of the military law and subdivisions  six  through  nine  of this  section, rendered on active duty in the armed forces of the United States during the period commencing July first, nineteen hundred  forty, and terminating December thirty-first, nineteen hundred forty-six, or on service  by  one  who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as  a  merchant  seaman documented  by  the United States Coast Guard or Department of Commerce, or as a civil servant employed  by  the  United  States  Army  Transport Service  (later  redesignated  as  the United States Army Transportation Corps, Water Division) or the  Naval  Transportation  Service;  and  who served  satisfactorily  as  a  crew  member  during  the period of armed conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such terms  are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and  Canada, Mexico,  or  the  West  Indies  via  ocean  routes, or public vessels in oceangoing service or foreign waters and who has received a  Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of  Defense, or on service by one who served as a United States civilian employed by the American Field Service and served overseas under  United States  Armies  and United States Army Groups in world war II during the period of armed conflict, December seventh, nineteen  hundred  forty-one through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was discharged or released therefrom under honorable conditions, or (ii) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than  bad  conduct  or dishonorable  from  such service, or (iii) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and  has received  a  discharge  other than bad conduct or dishonorable from such service, or on service by one who served as  a  United  States  civilian Flight  Crew  and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with  Air  Transport  Command  or Naval  Air  Transport  Service  during  the  period  of  armed conflict, December  fourteenth,  nineteen   hundred   forty-one   through   August fourteenth,  nineteen hundred forty-five, and who (iv) was discharged or released therefrom under honorable conditions, or (v) has  a  qualifying condition,  as  defined  in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (vi) is a discharged LGBT veteran, as  defined  in section  three  hundred  fifty  of the executive law, and has received a  discharge other than bad conduct or dishonorable from such service, by a person who was a resident of New York state at the time  of  entry  into such  service  and  at  the  time  of  being  discharged therefrom under honorable   circumstances,  and  who  makes  the  payments  required  in accordance with the provisions of this subdivision.   However,  no  military  service  shall  be   creditable   under   this subdivision  in the case of a member who is receiving a military pension (other than for disability) for military service in the armed forces  of the United States.   b.  To  obtain  such credit a member shall: (1) deposit in the annuity savings fund a sum equal to the product  of  his  required  contribution rate  at  time  of entry into full-time New York state teaching service, his annual full-time rate of compensation at that time, and  the  period of  military  service  being  claimed,  with  regular  interest, and (2) deposit in the pension accumulation fund a sum equal to the  product  of the  employer's contribution rate exclusive of the rate for supplemental pensions at the time of the member's entry into such  teaching  service, his  annual  full-time rate of compensation at that time, and the period of military service being claimed, with regular interest.  Such  deposit must  be  made on or before October fourteenth, nineteen hundred eighty, provided, however, such member may elect to deposit such amount  over  a period  of  time  no  greater  than the period for which credit is being claimed, in which case such payments must commence no later than October fourteenth, nineteen hundred eighty. If the full amount of such payments is not paid to the retirement system at  the  time  of  retirement,  the amount  of service credited shall be proportional to the total amount of the payments made.   c. The credit for military service hereunder  shall  not  be  used  to increase  a  service  retirement  benefit if, at the time of retirement, such member (1) is retiring from service with less  than  ten  years  of full-time  service  credit or (2) is retiring with less than three years of member service rendered subsequent to the date that he last became  a member  of  this  system.  Upon  retirement, as specified in (1) or (2), there shall be refunded to such member the amount of such  deposit  plus accrued  interest  exclusive  of  the  amount  deposited  to the pension accumulation fund attributable to death and disability benefits.   d. (1) In the case of members who have transferred  into  this  system from  another  public  retirement  system  within the state of New York, their rate of contribution shall be computed as though they had  been  a member  of  this  system  from  the date of membership in the retirement system from which they transferred.  (2) Any other provision of law to the  contrary  notwithstanding,  the rate  of  contribution  to  be  used in calculating contributions to the annuity savings fund pursuant to this subdivision shall be at  the  rate of  four  per  centum of earnable compensation for members whose date of membership is on or before June thirtieth, nineteen hundred  forty-eight and  at the rate of five per centum of earnable compensation for members whose date of membership is on or after  July  first,  nineteen  hundred forty-eight.   e. In no event shall credit be granted pursuant to this subdivision if credit  is  granted  for  the  same  period  of  time  pursuant to other provisions of law.   f. No application for  credit  pursuant  to  the  provisions  of  this subdivision  shall  be  honored  if  made on or after October fifteenth, nineteen hundred eighty.   11. a. If a retired member, receiving a retirement allowance for other than disability, returns to active public service, except  as  otherwise provided  in  sections  two  hundred eleven or two hyndred twelve of the  retirement and social security law, and is eligible  for  membership  in the  retirement  system,  he  thereupon  shall  become  a member and his retirement allowance shall be suspended in the same manner  as  provided in  subdivision  five  of section five hundred three of this article. In such event, he shall contribute to the retirement system as if he were a new member. Upon his subsequent retirement after at least two  years  of service he shall:   1.  Be  credited  with  all member service earned by him since he last became a member of the retirement system, and   2. Receive a retirement allowance which shall consist of:  (a) An annuity as provided in subdivision five of section five hundred three of this article plus an annuity which is the actuarial  equivalent of any contributions made by him since he last became a member, and  (b)  The  pension which he was receiving immediately prior to his last restoration to membership as provided in  subdivision  five  of  section five hundred three of this article, plus a pension based upon the member service  credit earned by him since he last became a member. Such latter pension shall be computed as if he were a new member  when  he  rejoined the system pursuant to the provisions of this subdivision.   b.  Where  such member shall have earned at least five years of member service credit after restoration to active service,  the  total  service credit  to  which  he was entitled at the time of his earlier retirement may, at his option, again be credited to him  and  upon  his  subsequent retirement  he shall be credited in addition for purposes of computation of the pension portion of  the  retirement  allowance  with  all  member service  earned by him subsequent to his last restoration to membership. Such total service credit to which he was entitled at the  time  of  his earlier  retirement  shall  be  so  credited only in the event that such member returns to  the  retirement  system  with  regular  interest  the actuarial equivalent of the amount of the pension he received, or in the event that such amount is not so repaid the actuarial equivalent thereof shall be deducted from his subsequent retirement allowance.   c.  Notwithstanding  the  foregoing  provisions of this subdivision, a retired member who is receiving a retirement allowance  for  other  than physical disability, and who returns to active public service, may elect not  to  be restored to membership in the retirement system until he has rendered one year of service following his return to public service.  In such  event his retirement allowance shall be suspended during such year of service in the same manner as provided in subdivision five of section five hundred three of  this  article.  Upon  restoration  to  membership following  completion  of such year of service, his service in such year shall be deemed to be service while a member for purposes of subdivision b of section five hundred twelve of this article. He may purchase member service credit for such  year,  which  shall  be  deemed  earned  member service credit.   d.  Notwithstanding  any  other  provision  of this article, a retired member who rejoins the system under the provisions of paragraphs a or  c of  this subdivision shall only be entitled to a death benefit according to the provisions of paragraph two of  subdivision  b  of  section  five hundred  twelve  of this article and of no other subdivision thereof and for the purposes of said paragraph two of subdivision b of section  five hundred  twelve  the credited service as a teacher shall be service as a teacher credited since last joining the system.