Marvin Mandel, Governor                        1043

ers' Retirement System," that Section 53(7)(b) of Article 88B of
said Code (19641969 Replacement Volume), title "State Police," sub-
title "State Police Retirement System," be and they are hereby re-
pealed and re-enacted, with amendments, to read as follows:

Article 73B.
11.

(8) Once each year during the first five years following the re-
tirement 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 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 be-
tween 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 compensation. Should his earning capac-
ity 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 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 para-
graph, "retirement allowance" shall mean the allowance payable
without optional modification as hereinafter provided in subsection
(11) of this section. The allowed earnings of a disability pensioner
shall be determined by the difference between his retirement allow-
ance at the time of his retirement and his average final compensation.

(13) ANY PERSON WHO IS OR MAY HEREAFTER BE AP-
POINTED OR ELECTED TO MEMBERSHIP IN THE GENERAL
ASSEMBLY MAY ELECT TO CONTRIBUTE FIFTEEN PER-
CENT (15%) OF HIS COMPENSATION ON AND AFTER JULY
1, 1966, AND, IN SUCH EVENT, SHALL BECOME A MEMBER
OR CONTINUE AS A MEMBER OF THE RETIREMENT SYS-
TEM AND BE ELIGIBLE TO RECEIVE THE BENEFITS ENUM-
ERATED IN THIS SUBSECTION ON ACCOUNT OF HIS SERV-
ICE IN THE GENERAL ASSEMBLY. ANYTHING IN THIS AR-
TICLE TO THE CONTRARY NOTWITHSTANDING, THE BENE-
FITS PAYABLE TO A MEMBER UNDER THIS SUBSECTION
SHALL BE IN LIEU OF ANY AND ALL PENSION BENEFITS