BLAIR LEE III, Acting Governor

529

CONTRIBUTING NOT LESS THAN 5 PERCENT A YEAR. THE
APPROPRIATE FINAL ADJUSTMENTS SHALL BE MADE IN THE YEAR IN
WHICH THE MEMBER RETIRES.

86. BENEFITS.

(1) SERVICE RETIREMENT BENEFIT. —(A) ANY MEMBER MAY
RETIRE UPON WRITTEN APPLICATION TO THE BOARD OF TRUSTEES
SETTING FORTH AT WHAT TIME HE DESIRES TO BE RETIRED,
PROVIDED THAT THE SAID MEMBER AT THE TIME SO SPECIFIED FOR
HIS RETIREMENT SHALL HAVE ATTAINED THE AGE OF 60 OR SHALL
HAVE RENDERED 25 YEARS OF CREDITABLE SERVICE AS A TEACHER
AND NOTWITHSTANDING THAT, DURING SUCH PERIOD OF
NOTIFICATION, HE MAY HAVE SEPARATED FROM SERVICE.

(B)   ANY MEMBER IN SERVICE WHO HAS ATTAINED THE AGE OF
70 SHALL BE RETIRED FORTHWITH PROVIDED THAT WITH THE
APPROVAL OF THE STATE BOARD OF EDUCATION OR THE STATE
SUPERINTENDENT OF SCHOOLS HE MAY REMAIN IN THE SERVICE UNTIL
THE END OF THE SCHOOL YEAR FOLLOWING THE DATE ON WHICH HE
ATTAINS THE AGE OF 70.

(C)   ANY MEMBER IN SERVICE WHO ATTAINS THE AGE OF 70
DURING WORLD WAR II AND ANY RETIRED MEMBER WHO WAS IN
SERVICE ON JANUARY 1, 1942 MAY REMAIN OR BE REINSTATED IN
SERVICE AFTER ATTAINING SUCH AGE IF, IN THE OPINION OF THE
OFFICIAL OR BODY ORIGINALLY APPOINTING SUCH MEMBER, HE IS
CAPABLE OF PERFORMING THE DUTIES OF HIS POSITION AND IF SUCH
OFFICIAL OR BODY APPOINTING SUCH MEMBER GIVES NOTICE IN
WRITING TO THE BOARD OF TRUSTEES OF INTENTION TO RETAIN OR
REINSTATE SUCH PERSON IN SERVICE, BUT THE SERVICE OF SUCH
PERSON SHALL CONTINUE ONLY DURING WORLD WAR II AND FOR A
PERIOD OF SIX MONTHS THEREAFTER OR TO ANY EARLIER TIME AT
WHICH HE MAY VOLUNTARILY RETIRE OR AT WHICH THE OFFICIAL OR
BODY APPOINTING SUCH MEMBER MAY DETERMINE THAT SUCH MEMBER
SHALL BE RETAINED OR REINSTATED WHEN THERE IS AVAILABLE TO
FILL HIS POSITION AN ELIGIBLE AND QUALIFIED PERSON BELOW THE
AGE OF 70; ELIGIBILITY AND QUALIFICATION TO BE DETERMINED BY
THE OFFICIAL OR BODY AUTHORIZED TO FILL THE POSITION OF THE
MEMBER IN QUESTION.

SHOULD ANY BENEFICIARY UNDER THE TEACHERS' RETIREMENT
SYSTEM BE RESTORED TO ACTIVE SERVICE UNDER THE PROVISIONS OF
THIS SUBSECTION ALL ALLOWANCES THAT HE IS RECEIVING UNDER
SUCH SYSTEM SHALL CEASE. HE SHALL AGAIN BECOME A MEMBER OF
THE RETIREMENT SYSTEM AND HE SHALL CONTRIBUTE THEREAFTER AT
THE SAME RATE HE PAID PRIOR TO RETIREMENT. ANYTHING IN
THIS ARTICLE TO THE CONTRARY, NOTWITHSTANDING, ANY PRIOR
SERVICE CERTIFICATE ON THE BASIS OF WHICH HIS SERVICE WAS
COMPUTED AT THE TIME OF HIS RETIREMENT SHALL BE RESTORED TO
FULL FORCE AND EFFECT, AND IN ADDITION, UPON HIS SUBSEQUENT
RETIREMENT HE SHALL BE CREDITED WITH ALL HIS SERVICES AS A
MEMBER. PROVIDED HOWEVER THAT NOTHING IN THIS SECTION SHALL
APPLY TO ANY TEACHER, HELPING TEACHER, PRINCIPAL, SUPERVISOR
OR SUPERINTENDENT, ATTENDANCE OFFICER OR CLERK, EMPLOYED IN
A PUBLIC SCHOOL WITHIN THE STATE.

(2) ALLOWANCE FOR SERVICE RETIREMENT. —UPON