HARRY HUGHES, Governor

1249

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. 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.

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 PLUS $3,000. 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 PLUS $3,000. A beneficiary
restored to active service at a salary that is less than the
average final compensation [of] 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.

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 PLUS $3,000. 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 PLUS $3,000.
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