§88-62  Return to service of a former
member.  (a)  If a former member who has less than five years of credited
service and who has been out of service for a period of four full calendar
years or more after the year in which the former member left service, or if a
former member who withdrew the former member's accumulated contributions
returns to service, the former member shall become a member in the same manner
and under the same conditions as anyone first entering service; however, the
former member may obtain membership service credit in the manner provided by
applicable law for credited service that was forfeited by the member upon
termination of the member's previous membership.  If the member did not
withdraw the former member's accumulated contributions prior to the former
member's return to service, the accumulated contributions shall be returned to
the member as part of the process of enrolling the member in the system if the
member's accumulated contributions are $1,000 or less at the time of distribution. 
If the accumulated contributions for the service the member had when the member
previously terminated employment are greater than $1,000 and the member does
not make written application, prior to or contemporaneously with the member's
return to service, for return of the accumulated contributions, the member may
not withdraw the member's accumulated contributions, except as provided by
section 88-96 or 88-341, until the member retires or attains age sixty-two. 
The member shall not be entitled to service credit by reason of the system's
retention of the member's accumulated contributions for the service the member
had when the member previously terminated employment.



To be eligible for any benefit, the member
shall fulfill the membership service requirements for the benefit through
membership service after again becoming a member, in addition to meeting any
other eligibility requirement established for the benefit; provided that the
membership service requirement shall be exclusive of any former service
acquired in accordance with section 88-59 or any other section in part II, VII,
or VIII.



(b)  If a former member with less than five
years of credited service and who did not withdraw the former member's
accumulated contributions returns to service within four full calendar years
after the year in which the former member left service, the former member shall
again become a member in the same manner and under the same conditions as
anyone first entering service, except that the member shall be credited with
service credit for the service the member had when the member terminated
employment and:



(1)  If the member returns to service as a class A or
class B member, the member's new and previous accumulated contributions shall
be combined; or



(2)  If the member returns to service after June 30,
2006, as a class H member, section 88-321(b) shall apply.



(c)  If a former member with five or more years
of credited service who did not withdraw his contributions returns to service,
his status shall be in accordance with the provisions described in section
88-97. [L 1969, c 110, pt of §1; am L 1982, c 165, §2(13); am L 2006, c 169, §9;
am L 2007, c 215, §6]