§ 5-1-227. REEXAMINATION OF BENEFICIARIES RETIRED ON ACCOUNT OF DISABILITY.

(a)

Once each year during the first five (5) years following the retirement of a member on a disability retirement allowance, and once in every three-year period thereafter, the Board of Trustees may and upon the disability beneficiary's application shall require any disability beneficiary who has not yet attained the normal service retirement age to undergo a medical examination, such examination to be made at the place of residence of such beneficiary or other place mutually agreed upon, by a physician or physicians designated by the Board of Trustees. Once each year following the retirement of a member of a disability retirement allowance, the Board of Trustees shall require that each disability beneficiary file a statement of earnings on a form to be supplied by the Board of Trustees. Should any disability beneficiary who has not yet attained the normal service retirement age refuse to submit to such medical examination or refuse to file a statement of earnings form with the Board of Trustees, the disability beneficiary's allowance may be discontinued until the disability beneficiary's withdrawal of such refusal; and should the disability beneficiary's refusal continue for one (1) year, all the disability beneficiary's rights in and to the disability beneficiary's pension may be revoked by the Board of Trustees.

(b)

Should the Medical Board report and certify to the Board of Trustees that any disability beneficiary is able to perform the duties required by the position the disability beneficiary held prior to the disability beneficiary's retirement and should the Board of Trustees concur in such report or should the statement of earnings reveal that any disability beneficiary is engaged in gainful occupation paying more than the rate of the annual earnable compensation currently being paid to persons in the same grade and step as the beneficiary attained at the time of retirement plus the amount of any longevity for the length of service the disability beneficiary had at the time of retirement, the pension otherwise payable to the disability beneficiary shall be reduced as follows: For earnings in excess of such rate of annual earnable compensation plus longevity amount, a reduction of two dollars ($2.00) in pension benefits shall be made for each five dollars ($5.00) earned. Should the disability beneficiary's earning capacity be later changed, the amount of the disability beneficiary's pension may be further modified; provided that the new pension shall not exceed the amount of the pension which would have been payable to the disability beneficiary had it not been reduced on account of excess earnings. A beneficiary restored to active service at a salary less than the rate of annual earnable compensation currently being paid to persons in the same grade and step as the beneficiary attained at the time of retirement plus the amount of any longevity for the length of service the disability beneficiary had at the time of retirement shall not become a member of the retirement system until the disability beneficiary's salary is at least equal to such rate of annual earnable compensation plus longevity amount.

(c)

Should a disability beneficiary under the normal service retirement age be restored to active service and should the disability beneficiary's annual compensation then or at any time prior to the normal service retirement age be equal to or greater than the rate of annual earnable compensation currently being paid to persons in the same grade and step as the disability beneficiary attained at the time of retirement plus the amount of any longevity for the length of service the disability beneficiary had at such time or should any other beneficiary be restored to service, the disability beneficiary's retirement allowance shall cease, the disability beneficiary shall again become a member of the retirement system, and the disability beneficiary shall contribute thereafter at the same rate the disability beneficiary paid prior to disability. Anything in this title to the contrary notwithstanding, any prior service certificate on the basis of which the disability beneficiary's service was computed at the time of the disability beneficiary's retirement shall be restored to full force and effect; and in addition, upon the disability beneficiary's subsequent retirement, the disability beneficiary shall be credited with all the services as a member creditable to the disability beneficiary at the time of retirement; but should the disability beneficiary be restored to membership within ten (10) years of the normal service retirement age, the disability beneficiary's pension upon subsequent retirement shall not exceed the sum of the pension which the disability beneficiary was receiving immediately prior to the disability beneficiary's last restoration to membership and the pension that may have accrued to the disability beneficiary as a new member on account of service since the disability beneficiary's last restoration to membership; provided that the total pension on the disability beneficiary's subsequent retirement shall not exceed the rate percentage the disability beneficiary would have received had the disability beneficiary remained in service during the period of the disability beneficiary's prior retirement.

(1988 Code, § 23-58) (Bill No. 32-03, § 1, 7-1-2004)