§ 120-4.24. Return to membership of former member. - North Carolina Statutes

§120‑4.24.  Return to membership of former member.

If a retired former member ofthe Retirement System or of the Legislative Retirement Fund returns to serviceas a member of the General Assembly, his retirement allowance shall cease andhe shall be restored as a member of the Retirement System. The computation ofthe amount of benefits to which he may subsequently become entitled under thisArticle shall be computed as follows:

Upon his subsequentretirement, he shall be paid a retirement allowance determined as follows:

(1)        For a member whoearns at least three years' membership service after restoration to service,the retirement allowance shall be computed on the basis of his compensation andservice before and after the period of prior retirement without restrictions.

(2)        For a member whodoes not earn three years' membership service after restoration to service, theretirement allowance shall be equal to the sum of the retirement allowance towhich he would have been entitled had he not been restored to service, withoutmodification of the election of an optional allowance previously made, and theretirement allowance that results from service earned since being restored toservice. (1983, c. 761, s. 238; 1987, c. 738, s. 39(a).)