Section 45-49A-63.42
Restoration of retired member or other former member to service.
(a) If a member entitled to a benefit under Section 45-49A-63.60, Section 45-49A-63.61, or subsection (a) of Section 45-49A-63.62 of the plan is restored to service as a uniformed officer, any benefit he or she may be receiving under Subpart 4 shall cease and any election of an optional benefit in effect shall be void. If he or she is restored to service as a uniformed officer before he or she has a break in service exceeding one year, any service to which he or she was entitled when he or she retired or terminated service shall be restored to him or her, and upon his or her later retirement or termination, his or her benefit shall be based on the benefit formula then in effect and his or her salary and service before and after his or her break in service, reduced by an amount that is of equivalent actuarial value to the benefits he or she received under Section 45-49A-63.60 or subsection (a) of Section 45-49A-63.62, if any, before his or her restoration to service. If he or she is restored to service as a uniformed officer after having a break in service exceeding one year, his or her service prior to the break in service shall be restored to him or her. Upon his or her later retirement or termination, the benefit he or she received under Section 45-49A-63.60 or subsection (a) of Section 45-49A-63.62, if any, prior to his or her break in service shall recommence plus he or she shall receive an additional amount determined under Subpart 4 based on his or her service and his or her salary after his or her break in service. However, the member shall not be entitled to an additional benefit under Section 45-49A-63.60 or subsection (a) of Section 45-49A-63.62 unless he or she has at least 10 years of service after he or she is restored to service, and the last 10 years of the service are without a break in service exceeding one year.
(b) If a member who has received a distribution of his or her contributions to the plan under subsection (b) of Section 45-49A-63.62 is restored to service as a uniformed officer and he or she repays the amount he or she received under subsection (b) of Section 45-49A-63.62 plus 10 percent interest per annum, his or her period of service as a uniformed officer prior to his or her termination of employment shall be restored to him or her and shall be counted as service. The member may repay the amount at any time within a period beginning upon his or her return to service as a uniformed officer which is equal to three times his or her period of service prior to his or her termination of employment, but not longer than five years. Upon his or her subsequent retirement or termination of employment, his or her benefit shall be based on his or her service both before and after his or her initial termination of employment. However, the member shall not be entitled to any benefit under this plan after he or she is restored to service as a uniformed officer unless he or she has at least 10 years of service without a break in service exceeding one year after he or she is restored to service.
(c) If a member who has received a distribution of his or her contributions to prior versions of this plan [Acts 1964, 1st Sp. Sess., No. 243, as amended by Acts 80-339, 85-312, 85-938, 86-475, and 90-198] is restored to service as a uniformed officer and he or she repays the amount he or she received plus 10 percent interest per annum, his or her period of service as a uniformed officer prior to his or her termination of employment shall be restored to him or her and shall be counted as service. Provided, however, that any member desiring to purchase service under subsection (b) of this section shall repay the amount not later than five years after May 17, 2001. Upon his or her subsequent retirement or termination of employment, his or her benefit shall be based on his or her service both before and after his or her initial termination of employment. However, the member shall not be entitled to any benefit under this plan after he or she is restored to service as a uniformed officer unless he or she has at least 10 years of service without a break in service exceeding one year after he or she is restored to service.
(Act 97-689, p. 1379, §4(3.03); Act 2001-518, p. 922, §1.)