120-4.24. Return to membership of former member.
If a retired former member of the Retirement System or of the Legislative Retirement Fund returns to service as a member of the General Assembly, his retirement allowance shall cease and he shall be restored as a member of the Retirement System. The computation of the amount of benefits to which he may subsequently become entitled under this Article shall be computed as follows:
Upon his subsequent retirement, he shall be paid a retirement allowance determined as follows:
(1) For a member who earns at least three years' membership service after restoration to service, the retirement allowance shall be computed on the basis of his compensation and service before and after the period of prior retirement without restrictions.
(2) For a member who does not earn three years' membership service after restoration to service, the retirement allowance shall be equal to the sum of the retirement allowance to which he would have been entitled had he not been restored to service, without modification of the election of an optional allowance previously made, and the retirement allowance that results from service earned since being restored to service. (1983, c. 761, s. 238; 1987, c. 738, s. 39(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 120 - General Assembly
Article 1A - Legislative Retirement System.
§ 120-4.9 - Retirement system established.
§ 120-4.10 - Administration of retirement system.
§ 120-4.12 - Creditable service.
§ 120-4.12A - Reciprocity of creditable service with other state-administered retirement systems.
§ 120-4.13 - Transfer of membership and benefits.
§ 120-4.14 - Purchase of prior service.
§ 120-4.15 - Repayment of contributions.
§ 120-4.16 - Repayments and purchases.
§ 120-4.17 - Assets of retirement system.
§ 120-4.18 - Management of funds.
§ 120-4.19 - Contributions by the members.
§ 120-4.20 - Contributions by the State.
§ 120-4.21 - Service retirement benefits.
§ 120-4.22 - Disability retirement benefits.
§ 120-4.22A - Post-retirement increases in allowances.
§ 120-4.23 - Reexamination for disability retirement allowance.
§ 120-4.24 - Return to membership of former member.
§ 120-4.25 - Return of accumulated contributions.
§ 120-4.26 - Benefit payment options.
§ 120-4.26A - Benefits on death after retirement.
§ 120-4.28 - Survivor's alternate benefit.
§ 120-4.29 - Exemption from garnishment, attachment.
§ 120-4.30 - Termination or partial termination; discontinuance of contributions.
§ 120-4.31 - Internal Revenue Code compliance.
§ 120-4.32 - Deduction for payments allowed.
§ 120-4.33 - Forfeiture of retirement benefits for certain felonies.
§ 120-4.33B - Prohibition on purchase of forfeited service.
§ 120-4.34 - Improper receipt of decedent's retirement allowance.