WILLIAM DONALD SCHAEFER, Governor                         Ch. 704

(2)     restore previous creditable service and eligibility service to the account
of the member; and

(3)     credit the member with creditable service and eligibility service
performed beginning the date of reemployment.

[(c)](D) If the member later retires or dies while employed by a participating
employer, the Board of Trustees shall reduce the member's annuity reserve and pension
reserve by the amount of payments made to the member during the member's earlier
retirement unless the member had reimbursed the State system for the payments.

23-408.

(a) THIS SECTION DOES NOT APPLY TO A RETIREE WHO IS SERVING IN AN
ELECTED POSITION AS AN OFFICIAL OF A PARTICIPATING GOVERNMENTAL UNIT OR
AS A CONSTITUTIONAL OFFICER FOR A COUNTY THAT IS A PARTICIPATING
GOVERNMENTAL UNIT.

(B) If a retiree who is receiving a service retirement allowance is reemployed in a
permanent position with a participating employer, the retiree's retirement ends and the
individual shall be restored to membership in the State pension system appropriate for
the position.

[(b)](C) The Board of Trustees shall:

(1)     stop retirement allowance payments after the last day of the month
before the retiree returns to active employment;

(2)     restore previous creditable service and eligibility service to the account
of the member; and

(3)     credit the member with creditable service and eligibility service
beginning with the date of reemployment.

[(c)] (D) If the member later retires or dies while employed by a participating
employer, the Board of Trustees shall reduce the member's annuity reserve and pension
reserve by the amount of payments made to the member during the member's earlier
retirement, unless the member had reimbursed the State system for the payments.

SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the
General Assembly that this Act shall be construed both retroactively and prospectively
and shall apply to, and be interpreted to have an effect on, any retiree of the Employees'
Retirement System, Teachers' Retirement System, Employees' Pension System, or
Teachers' Pension System who is reemployed in an elected position of a participating
governmental unit or as a constitutional officer for a county that is a participating
governmental unit and who is serving in that position on or after October 1, 1994.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved May 26, 1994.

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