HARRY HUGHES, Governor
181
BENEFICIARY OR ANY OTHER PLACE MUTUALLY AGREED ON, BY THE
PHYSICIAN DESIGNATED BY THE BOARD OF TRUSTEES. IF A
DISABILITY BENEFICIARY WHO IS UNDER THE AGE OF 62 REFUSES TO
SUBMIT TO THE MEDICAL EXAMINATION, HIS ALLOWANCE MAY BE
DISCONTINUED UNTIL HE WITHDRAWS THE REFUSAL. IF HIS REFUSAL
CONTINUES 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, IS EQUAL TO
THE AMOUNT OF HIS AVERAGE FINAL COMPENSATION. IF HIS
EARNING CAPACITY CHANGES LATER, THE AMOUNT OF HIS PENSION
MAY BE FURTHER MODIFIED, IF THE NEW PENSION DOES 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 THAT IS 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 ANY OPTIONAL MODIFICATION AS PROVIDED IN
SUBSECTION (12)(A) OF THIS SECTION. THE ALLOWED EARNINGS OF
A DISABILITY BENEFICIARY 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 IN 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. HOWEVER, IF HE
IS RESTORED TO MEMBERSHIP AFTER HE IS 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, PROVIDED THAT THE TOTAL
PENSION ON HIS SUBSEQUENT RETIREMENT DOES NOT EXCEED THE
RATE PERCENT HE WOULD HAVE RECEIVED HAD HE REMAINED IN
SERVICE DURING THE PERIOD OF HIS PRIOR RETIREMENT.
(10) (A) ON THE RECEIPT OF PROPER PROOFS OF THE
DEATH OF A MEMBER IN SERVICE, AND IF A BENEFIT IS NOT
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