§88-61 Termination of membership. (a) Except as otherwise provided by section 88-96, any member absent from service for four calendar years following the calendar year in which the member's employment terminated shall cease to be a member.

(b) Any member who withdraws the member's contributions, becomes a retirant, or dies, ceases to be a member as of the date of withdrawal, retirement or death.

(c) The membership of an elective officer or judge in the system may be terminated upon election of the member to retire whenever the allowance for such member reaches seventy-five per cent of the member's average final compensation. The member's right to receive the retirement allowance prescribed in section 88-74 after the member's future separation from service as provided in section 88-73 shall vest on the date of the election. Upon the date of the election, the member shall be entitled to receive the portion of the accumulated contributions, if any, which would be required to be returned to the member under section 88-74(3)(B) as if the member's retirement allowance had commenced on that date, and after the date of the election the member shall not be allowed or required to make any future contributions. [L 1969, c 110, pt of §1; am L 1971, c 90, §1; gen ch 1985; am L 1998, c 151, §4]