5400

COUNTY LOCAL LAWS

(4) the member is not qualified for or is
unable to productively handle another available position.

(d) Medical re—examination of disability retiree.
The County Personnel Board may require a member receiving
disability pension payments to undergo a yearly physical
examination during the five—year period following
retirement, and once in every three-year period
thereafter, until age fifty—five, if a member of Group B,
C or E, or age sixty if a member of Group A or F. The
Retirement Hearing Board will review the findings of the
physical examination and take appropriate action, which
may include a hearing. Should a member refuse to submit
to the examination, the County Personnel Board may reduce
or discontinue pension payments.

(f)    Amount of pension at service connected
disability retirement. The yearly amount of pension
payable upon service connected   disability retirement will
equal:

(1)   if the member is totally and permanently
incapacitated and incapable of earning a livelihood — two
percent of final earnings, multiplied by years of
credited service, up to a maximum of thirty—six, but not
less than fifty percent of final earnings, or;

(2)     if the member is partially and
permanently incapacitated, five percent of final earnings
for each ten percent of partial and permanent incapacity.
If the member meets the age requirements for elective
early retirement, not less than the yearly amount of
retirement pension computed under Section 33—42(c) shall
be payable. The County Personnel Board may adjust the
percentage amount of disability payments, after
considering the findings and recommendations of the
Medical Examiner, after a periodic physical examination.

(g)    (3) Adjustment or cessation of disability
pension payments. Whenever a disability retiree's
earnings capacity is changed, the amount of disability
retirement pension may be further modified by the County
Personnel Board. The amount of the revised pension shall
not exceed the original disability retirement pension or
an amount which, when added to the amount earned by the
member, equals the current earnings of a member similarly
classified exclusive of cost—of—living increases. For
the purpose of this paragraph, "disability pension" is
the amount of pension payable without election of a
pension payment option.

(h) Administrative disability retirement. Whenever
any member not having reached normal retirement date
becomes disabled or incapacitated and is demonstratively