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Session Laws, 1947
Volume 411, Page 1719   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1719

(a) An annuity which shall be the actuarial equivalent of
his accumulated contributions at the time of his retirement;
and

(b) A pension of sixty-six and two-thirds per centum of his
average final compensation, but in no event shall his total
accidental disability retirement allowance exceed his average
final compensation.

(7) Once each year during the first five years following
the retirement of a member on a disability retirement allow-
ance, 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 the age of
60 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. Should any disability
beneficiary who has not yet attained the age of 60 refuse
to submit to such medical examination, 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 any 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 aver-
age 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 compensation. Should his earning capacity be
later changed, the amount of his pension may be further modi-
fied, 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 compensa-
tion. A beneficiary 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 until his salary is at least equal to such average final
compensation. For the purposes of this paragraph, "retire-
ment allowance" shall mean the allowance payable without
optional modification as hereinafter provided in Sub-section
(10) of this section.

(b) Should a disability beneficiary under the age of 60
be restored to active service and should his annual compensa-

 

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Session Laws, 1947
Volume 411, Page 1719   View pdf image (33K)
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