47-23-63. Definition and effect of full-time and part-time service; calculations.

As used in this Code section, the term:#

1. (1)

   “Full-time service” means any service in a covered position during which such member was generally prohibited from the practice of law by virtue of holding such position.#

2. (2)

   “Part-time service” means any service in a covered position during which such member was not generally prohibited from the practice of law by virtue of holding such position.#

Any member who, on the effective date of his or her retirement, was serving in a part-time position shall be entitled to use all of his or her prior service credit for purposes of vesting for benefits and for the calculation of benefits.#

Any member who on the effective date of his or her retirement was serving in a full-time position shall be entitled to use any prior part-time service for vesting for benefits and shall be entitled to use such prior service for the calculation of benefits on the basis of a ratio determined by dividing the average monthly compensation for the 24 consecutive month period producing the highest such average during the part-time service by the average monthly salary during the 24 consecutive month period producing the highest such average during the full-time service. The resultant percentage will be multiplied by the total part-time service and the result added to the total full-time service, resulting in the total service to be used in all benefit calculations.#

Notwithstanding any provision of subsection (b) or (c) of this Code section to the contrary, any member who became a member pursuant to Code Section 47-23-40 shall be entitled to calculate his or her service as provided in the predecessor retirement system of which he or she was a member.#