Current through the 2023 Regular Session
Section 19-13-1102 - Refunds and benefits for reemployed retired members(1) A retired member who returns to active service pursuant to 19-13-1101(2) and accrues less than 5 years of service credit before again terminating service: (a) may not be awarded service credit for the period of reemployment;(b) must, upon termination of service and pursuant to 19-2-602, receive a refund of the member's accumulated contributions associated with the service credit accrued upon returning to active service; and(c) starting the first month following termination of service, must receive the same retirement benefit amount paid to the member in the month immediately prior to returning to active service.(2) A retired member who returns to active service pursuant to 19-13-1101(2) and accrues at least 5 years of service credit before again terminating service must receive, starting the first month following termination of service: (a) the same retirement benefit amount paid to the member in the month immediately prior to returning to active service; and(b) a second retirement benefit calculated for the period of reemployment under 19-13-704 and the laws in effect as of the member's rehire date.(3) Postretirement benefit adjustments will start to accrue as follows: (a) for benefits under subsections (1)(c) and (2)(a), an eligible member is entitled to: (i) a minimum benefit adjustment pursuant to 19-13-1007 when, immediately following the member's termination of service or retirement, whichever is applicable, a minimum benefit adjustment is granted to all eligible covered retirees; or(ii) a guaranteed annual benefit adjustment pursuant to 19-13-1010 or 19-13-1011 in January immediately following the member's termination of service or retirement, whichever is applicable;(b) for benefits under subsection (2)(b), an eligible member is entitled to a guaranteed annual benefit adjustment pursuant to 19-13-1010 or 19-13-1011 in January after the member has received the second retirement benefit for at least 12 months.(4) A retired member who returns to active service pursuant to 19-13-1101(2) following retirement: (a) is not eligible for a disability retirement; and(b) may not accrue the postretirement benefit adjustments provided for in part 10 of this chapter during the member's term of reemployment.Added by Laws 2017, Ch. 195,Sec. 38, eff. 7/1/2017.