State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_135 > GS_135-71

§ 135‑71.  Return tomembership of retired former member.

(a)        In the event that aretired former member should at any time return to membership service, hisretirement allowance shall thereupon cease and he shall be restored as a memberof the Retirement System.

(b)        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;provided, that if the prior allowance was based on a social security levelingpayment option, the allowance shall be adjusted actuarially for the differencebetween the amount received under the optional payment and what would have beenpaid if the retirement allowance had been paid without optional modification.

(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; provided, that if the prior retirement allowance was based on a socialsecurity leveling payment option, the prior allowance shall be adjustedactuarially for the difference between the amount that would have been paid foreach month had the payment not been suspended and what would have been paid ifthe retirement allowance had been paid without optional modification.

(3)        Subdivision (2) ofthis section shall apply only to restored members whose initial retirementlasted for more than four calendar months. For restored members whose initialretirement lasted for four or fewer calendar months, subdivision (1) shallapply.

(c)        Notwithstanding anyother provision in this Chapter, the retirement allowance of a justice or judgeshall not be affected by the compensation received as an emergency justice orjudge.

(d)        Notwithstanding theprovisions of G.S. 135‑70.1 to the contrary, a retired former memberand/or beneficiary of the Teachers' and State Employees' Retirement System asdefined in G.S. 135‑1(6), whose retirement allowance from this Systemand/or from the Teachers' and State Employees' Retirement System ceases upon areturn to membership service under this System, shall be permitted to transferthe accumulated contributions, creditable service, and reserves, if any, fromthe Teachers' and State Employees' Retirement System to this System on the samebasis as provided for members of other retirement systems under G.S. 135‑70.1,if the member attains five or more years of total membership service in thisSystem, and completes at least three years of membership service subsequent tothe member's return to membership service. (1973, c. 640, s. 1; 1983 (Reg. Sess., 1984), c. 1031,s. 22; c. 1106, s. 3; 1987, c. 738, s. 39(b); 2005‑276, s. 29.30A(i).)