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Session Laws, 1990 Session
Volume 436, Page 2793   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 657

SUBPARAGRAPH (II) OF THIS PARAGRAPH AND ALLOWED UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH DOES NOT APPLY TO AN
ACCIDENTAL DISABILITY BENEFICIARY.

(C) A BENEFICIARY RESTORED TO ACTIVE SERVICE AT A SALARY
LESS THAN THE AVERAGE FINAL COMPENSATIN UPON THE BASIS OF WHICH
THE BENEFICIARY WAS RETIRED MAY NOT BECOME A MEMBER OF THE
RETIREMENT SYSTEM UNTIL THE BENEFICIARY'S SALARY IS AT LEAST
EQUAL TO THAT AVERAGE FINAL COMPENSATION.

(D) Should a disability beneficiary under age 60 be restored to active service at
a compensation of 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.

117.

(9) (a) Once each year the board of trustees may, and on his application shall,
require any disability beneficiary who is under the age of 62 to undergo a medical
examination. The examination shall be made at the residence of the beneficiary or any other
place mutually agreed on, by the physician designated by the board of trustees. If a disability
beneficiary who is under the age of 62 refuses to submit to the medical examination, his
allowance may be discontinued until he withdraws the refusal. If his refusal continues for 1
year, all his rights in and to his pension may be revoked by the board of trustees.

(b) (i) In this paragraph, "retirement allowance" means the allowance
payable without optional modification as provided in subsection (12) (a) of this section.

(U) If the medical board reports and certifies to the board of trustees that
any ORDINARY disability beneficiary UNDER THE AGE OF 62 is engaged in or is able to
engage in a gainful occupation paying more than the difference between his retirement
allowance at the time of his retirement and his average final compensation plus [$3,000]
$5, 000, and if the board of trustees concurs in the report, then the amount of his pension
shall be reduced.

(iii) If the ORDINARY DISABILITY beneficiary's earning capacity is
later changed, the amount of his pension may be further modified, provided that the new
pension may not exceed the amount of the pension originally granted.

THE AMOUNT OF THE PENSION REDUCTION REQUIRED
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH AND ALLOWED UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH SHALL BE ONE DOLLAR FOR
EVERY TWO DOLLARS BY WHICH THE BENEFICIARY'S CURRENT
COMPENSATION EXCEEDS THE LIMITATION PROVIDED UNDER THIS
PARAGRAPH.

(V( THE PENSION REDUCTION REQUIRED UNDER
- 2795 -


 

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Session Laws, 1990 Session
Volume 436, Page 2793   View pdf image (33K)
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