Title 47, Chapter 3, Section 127
( 47-3-127)
(a) If a beneficiary is restored to service as a teacher, he may
elect: (1) Cessation of his retirement allowance, in which case he shall
again become a contributing member of the retirement system and be
governed by the retirement provisions of this chapter; or (2) Not to reinstate his membership in the retirement system, in
which case his retirement benefits shall be suspended during the
period of time he is restored to service. Upon cessation of such
service, his prior retirement allowance shall be resumed. If the returning beneficiary fails to elect either choice, his
status shall be as if he had elected paragraph (1) of this
subsection. (b) Anything in this chapter to the contrary notwithstanding, any
prior service certificate on the basis of which a member's
creditable service was computed at the time of his retirement shall
be restored to full force and effect upon his restoration to
service. Upon his subsequent retirement he shall be credited with
all his service as a member, including service rendered after
restoration to service. If he is restored to service on or after
attaining age 50, his retirement benefits upon subsequent retirement
shall not exceed the sum of the pension which he was receiving
immediately prior to his last restoration to membership and the
pension payable in respect to his subsequent service, except as
provided in subsection (c) of this Code section, provided that if he
has served at least two school years as a contributing member after
restoration to service and if he reimburses the retirement system
for any retirement benefits received from the retirement system
during his retirement, plus regular interest, such person shall
receive credit for any prior creditable service; and upon subsequent
retirement he shall be credited with all his service as a member,
which service shall all be counted in determining his retirement
benefits upon subsequent retirement. He shall not be limited to the
retirement benefits he was receiving prior to his last restoration
to membership in the retirement system. (c) The retirement benefits payable to a beneficiary who retired
prior to July 1, 1961, who was restored to service and who
subsequently retired on or after July 1, 1961, shall be determined
under the pension provisions in effect at the time of that
subsequent retirement, provided that such member completed at least
one year of creditable service subsequent to such restoration to
service. (d) Anything in this chapter to the contrary notwithstanding, a
beneficiary may elect to return to service on an hourly basis as a
classroom aide, provided such service is less than full time, or as
a substitute teacher without reinstating his membership in the
system. If such election is made, he shall continue to receive his
retirement benefits and any postretirement benefit adjustments
granted, if any, during such part-time service. Such part-time
service shall not constitute creditable service and such beneficiary
shall not be entitled to a recomputation of retirement benefits upon
a cessation of part-time service.
(e)(1) A beneficiary of this retirement system shall be deemed to
be restored to service within the meaning of this Code section if
such beneficiary is employed by an employer: (A) In a position previously held by a teacher; or (B) In a capacity which would normally be held by a teacher, as
determined by the board of trustees, whether employed directly
or indirectly, for which the compensation is greater than
one-half of the beneficiary's average annual compensation used
to calculate his or her retirement benefit or the beneficiary's
final compensation at the time of his or her retirement,
whichever is larger; provided, however, that such amount shall
be increased by any annual cost-of-living adjustment reflected
in the state teacher salary schedule. (2) If an employer employs a beneficiary in any manner specified
in paragraph (1) of this subsection during the calendar month of
the effective date of the beneficiary's retirement, the employer
shall reimburse the retirement system for all benefits wrongly
paid to the beneficiary. (3) If an employer employs a beneficiary in any manner specified
in paragraph (1) of this subsection any time after the last day of
the calendar month of the effective date of the beneficiary's
retirement, the employer shall so notify the board of trustees,
stating the beneficiary's name, salary, number of hours, whether
the beneficiary is employed as a teacher, and such other
information as the board of trustees requests, and the employer
shall reimburse the retirement system for all benefits wrongly
paid to the beneficiary. (4) It shall be the duty of a beneficiary of this retirement
system to notify an employer of his or her status as a beneficiary
prior to accepting employment with that employer. If a
beneficiary fails to so notify an employer and as a result the
employer becomes obligated to this retirement system pursuant to
paragraph (2) or (3) of this subsection, the beneficiary shall be
liable to the employer for any amount the employer is obligated to
pay to this retirement system. (5) If an employer who is obligated to this retirement system
pursuant to paragraph (2) or (3) of this subsection fails to pay
the amount due, such amount shall be deducted from any funds
payable to the employer by the state, including without limitation
the Department of Education and the board of regents, and paid to
the board of trustees of this retirement system. |