2023 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membership  of  a teacher, who has not withdrawn his contributions shall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 one of the veterans' services 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 one of the veterans' services 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 one of the veterans' services 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 one of the veterans' services 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
one  of  the  veterans' services 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 one of the veterans'
services 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 or her 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 or her pursuant to
section forty-three  of  the  retirement  and  social  security  law  to
transfer  his  or  her  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 or her accumulated contributions
immediately prior to his or her entry into, or during his or her 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  one  of  the  veterans'
services  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  one  of  the  veterans'  services 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 or she claims and pays for  all  prior  teaching
service  credited to him or her at the time of his or her 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 one of the veterans' services 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  one  of  the
veterans'  services  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  one  of  the  veterans'
services  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  one  of  the  veterans'  services 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 one of the veterans' services 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 one of the veterans' services 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  one  of  the  veterans'
services  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  one  of  the  veterans'  services 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 one of the veterans' services 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  one of the veterans' services 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.