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Session Laws, 1990 Session
Volume 436, Page 3104   View pdf image (33K)
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VETOES

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 COMPENSATION 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.

(ii) 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.

(iv)] 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
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Session Laws, 1990 Session
Volume 436, Page 3104   View pdf image (33K)
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