HARRY HUGHES, Governor

131

RETIREMENT ALLOWANCE, AND ONCE IN EVERY 3-YEAR PERIOD
THEREAFTER, THE BOARD OF TRUSTEES MAY, AND ON HIS
APPLICATION SHALL, REQUIRE ANY DISABILITY BENEFICIARY WHO
HAS NOT YET ATTAINED THE AGE OF 62 TO UNDERGO A MEDICAL
EXAMINATION. THE EXAMINATION MAY BE MADE AT THE PLACE OF
RESIDENCE OF THE BENEFICIARY OR ANY OTHER PLACE MUTUALLY
AGREED ON, BY A PHYSICIAN DESIGNATED BY THE BOARD OF
TRUSTEES. IF ANY DISABILITY BENEFICIARY WHO IS UNDER THE
AGE OF 62 REFUSES TO SUBMIT TO THE MEDICAL EXAMINATION, HIS
ALLOWANCE MAY BE DISCONTINUED UNTIL HE WITHDRAWS HIS
REFUSAL, AND IF HE CONTINUES TO REFUSE FOR 1 YEAR, ALL HIS
RIGHTS IN AND TO HIS PENSION MAY BE REVOKED BY THE BOARD OF
TRUSTEES.

(B)   IF THE MEDICAL BOARD REPORTS AND CERTIFIES
TO THE BOARD OF TRUSTEES THAT ANY DISABILITY BENEFICIARY IS
ENGAGED IN OR IS ABLE TO ENGAGE IN A GAINFUL OCCUPATION THAT
PAYS MORE THAN THE DIFFERENCE BETWEEN HIS RETIREMENT
ALLOWANCE AND HIS AVERAGE FINAL COMPENSATION AND IF THE
BOARD OF TRUSTEES CONCURS IN THE 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 BE
EQUAL TO THE AMOUNT OF HIS AVERAGE FINAL COMPENSATION. IF
HIS EARNING CAPACITY CHANGES LATER, THE AMOUNT OF HIS
PENSION MAY BE FURTHER MODIFIED, EXCEPT THAT THE NEW PENSION
MAY NOT EXCEED THE AMOUNT OF THE PENSION ORIGINALLY GRANTED
NOR AN AMOUNT THAT, 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 ON THE BASIS OF WHICH HE WAS RETIRED MAY NOT
BECOME A MEMBER OF THE RETIREMENT SYSTEM UNTIL HIS SALARY IS
AT LEAST EQUAL TO THE AVERAGE FINAL COMPENSATION. IN THIS
PARAGRAPH, "RETIREMENT ALLOWANCE" MEANS THE ALLOWANCE
PAYABLE WITHOUT OPTIONAL MODIFICATION AS PROVIDED IN
SUBSECTION (12)(A) OF THIS SECTION. THE ALLOWED EARNINGS OF
A DISABILITY PENSIONER SHALL BE DETERMINED BY THE DIFFERENCE
BETWEEN HIS RETIREMENT ALLOWANCE AT THE TIME OF HIS
RETIREMENT AND HIS AVERAGE FINAL COMPENSATION.

(C)   IF A DISABILITY BENEFICIARY UNDER THE AGE
OF 62 IS RESTORED TO ACTIVE SERVICE AND IF HIS ANNUAL
COMPENSATION THEN OR AT ANY TIME BEFORE HE BECOMES 62 YEARS
OLD IS EQUAL TO OR GREATER THAN HIS AVERAGE FINAL
COMPENSATION AT RETIREMENT, HIS ALLOWANCE SHALL CEASE, HE
SHALL BECOME A MEMBER OF THIS PENSION SYSTEM AGAIN.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, ALL
ELIGIBILITY AND CREDITABLE SERVICE PREVIOUSLY EARNED SHALL
BE RESTORED AND, IN ADDITION, ON HIS SUBSEQUENT RETIREMENT,
HE SHALL BE CREDITED WITH ALL THE SERVICE AS A MEMBER
CREDITABLE TO HIM AT THE TIME OF RETIREMENT; BUT IF HE IS
RESTORED TO MEMBERSHIP AFTER HE BECOMES 50 YEARS OLD, HIS
PENSION, ON SUBSEQUENT RETIREMENT, MAY NOT EXCEED THE
PENSION THAT HE WAS RECEIVING IMMEDIATELY BEFORE HIS LAST
RESTORATION TO MEMBERSHIP AND THE PENSION THAT MAY HAVE
ACCRUED TO HIM AS A NEW MEMBER ON ACCOUNT OF SERVICE SINCE
HIS LAST RESTORATION TO MEMBERSHIP, IF THE TOTAL PENSION ON