Section 500 of the Retirement and Social Security Law provides that the provisions of article 14 of such law shall apply to all members of the New York State and Local Employees' Retirement System who join or rejoin such system on or after July 1, 1976. The pivotal date is now July 27, 1976, in accordance with the Court of Appeals decision in Civil Service Employees Association, Inc. et al. v. Regan, 71 NY2d 653, 529 NYS2d 461. Article 15 of such law was originally intended to replace and supercede article 14 which, by its own terms, purported to provide that it was to expire on August 31, 1983. However, the Court of Appeals has held that the State Constitution protects members of public retirement systems who were subject to the provisions of article 14 from diminution of rights provided thereunder by subsequent legislation, and, accordingly, that the provisions of article 15 may not be constitutionally applied to individuals who joined such a public retirement system before the September 1, 1983 effective date of article 15 to the extent that such application would diminish or impair rights in and/or benefits from the Retirement System. Accordingly, individuals who last joined the New York State and Local Employees' Retirement System between July 27, 1976 and August 31, 1983 are covered by provisions of both article 14 and article 15. Such individuals are commonly and herein referred to as “Tier 3 members”, whereas individuals who last joined the New York State and Local Employees' Retirement System on or after September 1, 1983 are subject to the provisions of article 15 (but not article 14) and are commonly and herein referred to as “Tier 4” members. Retirement and Social Security Law sections 519 (article 14) and 614 (article 15) both provide that individuals who were last enrolled as members prior to the date which, at the time of their respective enactments, was considered to be the last date an individual could join and thereby achieve Tier 2 member status, shall be entitled, upon re-enrollment to membership after retirement, to all of the rights and privileges of Tier 2 members. In view of the fact that article 15 was originally intended to replace and supercede article 14 with respect to exclusively covering all members who joined the Retirement System after the last date on which they would have been eligible to join as a Tier 2 member, it is clear that section 614(b)(i) is best interpreted to require that Tier 3 members who retire and subsequently rejoin the New York State and Local Employees' Retirement System be accorded all of the rights and benefits of Tier 3 membership. This Part is hereby promulgated to so provide. Sections 519 and 614 further provide that procedural provisions of earlier articles of the Retirement and Social Security Law regarding reemployment of retired members shall apply to members covered by articles 14 and 15. Accordingly, the rules provided herein pertaining to the calculation of benefits upon the retirement of restored members are based on the provisions of section 101 to the extent that such provisions are consistent with the provisions of articles 14 and 15. Sections 517-c and 613-b of the Retirement and Social Security Law, which were enacted pursuant to chapter 920 of the Laws of 1990, establish identical programs under which Tier 3 and Tier 4 members of the New York State and Local Employees' Retirement System may borrow against their accumulated contributions. Neither these sections nor any other provisions of articles 14 and 15 expressly provide how benefits should be calculated in situations where a Tier 3 or 4 member retires with an outstanding loan balance, is subsequently restored to membership and later retires with an outstanding loan balance from a loan taken prior to the first retirement. Sections 517-c and 613-b authorize the Comptroller to promulgate regulations pertaining to the administration of the Tier 3 and Tier 4 loan programs, respectively, and sections 519 and 614 authorize the Comptroller to promulgate regulations pertaining to the administration of the provisions of articles 14 and 15, respectively. In view of the above, this Part is promulgated to provide the rules pertaining to restoration of Tier 3 and Tier 4 pensioners and the procedures to be used to calculate benefits upon the subsequent retirement of Tier 3 and Tier 4 pensioners. It also specifically addresses such calculations with respect to restored members who retire with outstanding loan balances from loans taken before the first retirement, during post-retirement restoration of membership or both.