§88-97 Return to service of a member who has vested benefit status. If a former member who has a vested benefit status as provided in section 88-96(b) returns to service before his retirement, he shall again become a member and shall contribute for membership service as provided by the law in effect during his reenrolled period of membership. Upon retirement, if the member has less than five years of credited service during the member's reenrollment period of membership, the benefit to which he has a vested right shall not be changed but whatever benefit accrued from his reenrollment period of membership shall be added to his vested benefit to comprise his retirement allowance. If he again leaves service before retiring and does not withdraw his contributions, his vested benefit shall consist of the combined retirement allowance.

However, if the member, upon retirement has five or more years of credited service during the member's reenrolled period of membership, the member's benefit shall be the greater of the allowance computed in the manner described in the preceding paragraph or the benefit computed with the member's combined service included under the formula in effect at the time of retirement. If the member again leaves service before retiring and does not withdraw his contributions, the member's vested benefit shall be the greater of the benefits as calculated in this paragraph. [L 1969, c 110, pt of §1; am L 1982, c 165, pt of §2(15)]