PUBLIC EDUCATION 2931
annuity, shall provide a total retirement allowance equal to one-quarter of
his average final compensation, provided, however, that no such allowance
shall exceed ninety per centum of one-seventieth of his average final com-
pensation multiplied by the number of years which would be creditable
to him were his service to continue until the attainment of age 60.
Re-Examination of Beneficiaries Retired on Account of Disability.
(5) Once each year during the first five years following retirement of a
member on a disability retirement allowance, and once in every three-year
period thereafter, the Board of Trustees may, and upon his application
shall, require any disability beneficiary who has not yet attained age 60
to undergo a medical examination, such examination to be made at the
place of residence of said beneficiary or other place mutually agreed upon,
by a physician or physicians designated by the Board of Trustees. Should
any disability beneficiary who has not yet attained the age of 60 refuse to
submit to at least one medical examination in any such year by a physician
or physicians designated by the Board of Trustees, his allowance may be
discontinued until his withdrawal of such refusal, and should his refusal
continue for one year, all his rights in and to his pension may be revoked
by the Board of Trustees.
(a) Should the Medical Board report and certify to the Board of
Trustees that such disability beneficiary is engaged in or is able to engage
in a gainful occupation paying more than the difference between his
retirement allowance and his average final compensation, and should the
Board of Trustees concur in such report then the amount of his pension
shall be reduced to an amount which together with his annuity and the
amount earnable by him, shall equal the amount of his average final com-
pensation. Should his earning capacity be later changed, the amount of
his pension may be further modified; provided that the new pension shall
not exceed the amount of the pension originally granted nor an amount,
which, when added to the amount earnable by the beneficiary together with
his annuity, equals the amount of his average final compensation. A bene-
ficiary restored to active service at a salary less than the average final
compensation upon the basis of which he was retired shall not become a
member of the retirement system.
(b) Should a disability beneficiary under age 60 be restored to active
service at a compensation not less than his average final compensation, his
retirement allowance shall cease, he shall again become a member of the
retirement system and he shall contribute thereafter at the same rate he
paid prior to disability. Any prior service certificate on the basis of which
his service was computed at the time of his retirement shall be restored to
full force and effect, and in addition, upon his subsequent retirement he
shall be credited with all his service as a member.
Death Benefit.
(6) Upon the receipt of proper proofs of the death of a member in
service there shall be paid to his estate or to such person having an
insurable interest in his life as he shall have nominated by written designa-
tion duly executed and filed with the Board of Trustees:
(a) His accumulated contributions and, if the member has had one
or more years of creditable service, in addition thereto.
(b) An amount equal to fifty per centum of his average final compen-
sation.
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