HARRY HUGHES, Governor

1617

117.

(9) (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 PLUS $3,000,
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 of 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.

145.

(9) (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 PLUS $3,000,
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.