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For the purpose of subdivision nine of section thirty-nine of the judiciary law, the contributions (other than contributions by contributors) required by law to be made to the retirement system, in so far as such contributions are attributable to elections made by contributors under paragraph (a) of such subdivision nine, including, without limitation, the contributions required to be made in relation to such contributors by sections 13-527 of this chapter and 13-704 of this title, shall be pension costs for which payments shall be made to the retirement system by the comptroller of the state of New York pursuant to the provisions of paragraph (b) of subdivision nine.
a. Upon the retirement of a new-entrant, an amount equal to his or her pension reserve and the reserve-for-increased-take-home-pay to which he or she may be entitled, if any, shall be transferred from the contingent reserve fund into a fund to be known as pension reserve fund number one. His or her pension and, in addition, a pension which is the actuarial equivalent of the reserve-for-increased-take-home-pay to which he or she may be entitled, if any, shall be paid from such pension reserve fund number one. Should such new-entrant be subsequently restored to active service, his or her pension reserve and such reserve-for-increased-take-home-pay, if any, shall thereupon be transferred from pension reserve fund number one to the contingent reserve fund.
b. Upon the retirement of a present-teacher, the total of his or her accumulated deductions plus the reserve-for-increased-take-home-pay to which he or she may be entitled, if any, shall be calculated, and an amount equal to such total but not exceeding the amount of his or her pension reserve, shall be transferred from the contingent reserve fund into pension reserve fund number one. A pension which shall be the actuarial equivalent of the amount so transferred shall be paid to such retired present-teacher from such pension reserve fund.
c. In addition, upon the retirement of a present-teacher, the reserve-for-increased-take-home-pay to which he or she may be entitled, if any, shall be transferred from the contingent reserve fund into pension reserve fund number one, and if such a reserve is so transferred, a pension which is the actuarial equivalent of such reserve shall be paid to him or her from such pension reserve fund.
d. Should such present-teacher be subsequently restored to active service the pension reserve on the pension referred to in subdivision b hereof and his or her reserve-for-increased-take-home-pay, if any, shall thereupon be transferred from pension reserve fund number one to the contingent reserve fund.
Pension reserve fund number two shall consist of the following:
1. The donations, legacies, and gifts which may be made to such system or to the retirement fund of the board of education of the city of New York.
2. The amounts contributed by the city to pay the pensions of the teachers retired on or before the thirty-first day of July, nineteen hundred seventeen, and to pay that part of the pensions and the other benefits of present-teachers who shall be retired or who shall become eligible for retirement after the thirty-first day of July, nineteen hundred seventeen, which are not payable from any other fund provided for by this chapter. Pensions and other benefits, or such part thereof allowable to present-teachers and to present pensioners, provision for the payment of which out of any other fund provided for by this title is not specifically made, shall be paid out of pension reserve fund number two.
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