HARRY HUGHES, Governor

1335

engaged in or is able to engage in a gainful occupation
paying more than the difference between 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 capacity 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 paragraph, "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
allowance at the time of his retirement and his average
final compensation.

(b) Should a disability beneficiary under the
age of 60 be restored to active service and should his
annual compensation then or at any time prior to the age of
60 be equal to or greater than his average final
compensation at retirement, his 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. Anything in this article to the contrary
notwithstanding, prior service credit shall be restored to
full force and effect, and in addition, upon his subsequent
retirement he shall be credited with all the service as a
member creditable to him at the time of retirement; but
should he be restored to membership after the attainment of
age 50, his pension upon subsequent retirement shall not
exceed the pension which he was receiving immediately prior
to 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, provided
that the total pension on his subsequent retirement shall
not exceed the rate per centum he would have received had he
remained in service during the period of his prior
retirement.

86.

(4a) Upon the application of a member or of his State
or county superintendent of schools, any member who has been
totally and permanently incapacitated for duty as the
natural and proximate result of an accident occurring while
in the actual performance of duty at some definite time and
place, without willful negligence on his part, shall be
retired by the board of trustees, provided that the medical