HARRY HUGHES, Governor

1337

certificate on the basis of which his service was computed
at the time of his retirement shall be restored to full
force and effect, and in addition, upon his subsequent
retirement he shall be credited with all his service as a
member.

Article 88B - State Police

53.

(5) Upon the application of a member or of the head of
his or her department, any member who has been totally and
permanently incapacitated for duty arising out of or in the
course of the actual performance of duty, without wilful
negligence on his or her part, shall be retired by the board
of trustees, if the medical board certifies that the member
is mentally or physically incapacitated for the further
performance of duty, that the incapacity is likely to be
permanent, [that the incapacity arose out of or was
sustained in the course of the actual performance of duty
without wilful negligence on the part of the member
concerned,] and that the member should be retired. IN NO
EVENT SHALL A MEMBER RECEIVE A DISABILITY ALLOWANCE FOR A
DISABILITY INCURRED PRIOR TO ENROLLMENT, EXCEPT TO THE
EXTENT THAT SUCH DISABILITY WAS AGGRAVATED IN THE ACTUAL
PERFORMANCE OF DUTY. No beneficiary entitled to a special
disability retirement allowance shall receive any allowance
on account of ordinary disability.

(7) (a) Once each year [during the first five years
following the retirement 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 50 to undergo a medical
examination, the examination to be made at the place of
residence of the beneficiary or other place mutually agreed
upon, by the medical board. If any disability beneficiary
who has not yet attained the age of 50 refuses to submit to
the medical examination, his or her allowance may be
discontinued until withdrawal of the refusal, and should the
refusal continue for one year, all the rights in and to the
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
paying more than the difference between his or her
retirement allowance and his or her average final
compensation and if the board of trustees concurs in the
report, then the amount of the pension shall be reduced to
an amount which, together with his or her annuity and the
amount earnable by him or her, shall equal the amount of his
or her average final compensation. If the beneficiary's
earning capacity is later changed, the amount of his or her
pension may be further modified, provided that the new
pension may not exceed the amount of the pension originally