5500

COUNTY LOCAL LAWS

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 Retirement Hearing Board may
reduce or discontinue pension payments.

(f)    Amount of Pension at service connected
disability retirement.

(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 Retirement Hearing 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)    Adjustment or cessation of disability
pension payments.

(1)    If a member receiving service
connected disability pension payments reaches the first
day of the month following normal retirement date, the
amount of pension then payable shall not be less than the
amount that would have been payable under the provisions
of Section 33—45 (a), Vesting, if the member had
terminated service on the date disability pension
commenced and had not elected a return of member
contributions with credited interest.

(2)    Whenever the Retirement Hearing
Board determines that a member, who has not yet reached
normal retirement date, receiving disability pension
payments is engaged in or is able to engage in a gainful
occupation paying more than the difference between the
amount of disability pension payments, and the current
earnings of a member similarly classified, the amount of
the member's disability pension payments will be reduced
to the point at which the amount of disability pension
payments plus the amount earnable equals the current
earnings of a member similarly classified.

(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 Retirement Hearing Board. The