§ 3-337. SAFEGUARDS.

(a)

The board at its pleasure or upon request by a beneficiary may require the beneficiary who has been retired for disability and who has not attained the age of fifty years to undergo medical examination, such examination to be made by a physician or surgeon appointed by the Board at the place of residence of said beneficiary or other place mutually agreed upon. Upon the basis of such examination, the Board shall determine whether said disability beneficiary is still incapacitated, physically or mentally, for service in the office or department of the city where he was employed and in the position held by him when retired for disability. If the Board shall determine that said beneficiary is not so incapacitated, his retirement allowance shall be cancelled forthwith, and he shall be reinstated to the position of the same class as that held by him when retired for disability.

(b)

(1)

Should a beneficiary after retirement for disability reenter the service and be eligible for membership in the Retirement System in accordance with Section 3-303, his retirement allowance shall be cancelled and he shall immediately become a member of the Retirement System, his rate of contribution for future years being that established subject to Section 3-321. His individual account shall be credited with an amount which shall be the actuarial equivalent, at the time of such re-entry, based on a disabled life, of his annuity, but such amount shall not exceed the amount of his accumulated contributions as it was at the time of his retirement.

(2)

An amount actuarially equivalent to his disability pension, shall again be held for the benefit of said member and shall no longer be included in the amounts available to meet the obligation of the city on account of benefits that have been granted. Such member shall receive credit for service in the same manner as if he had never been retired for disability.

(c)

Should any person retired for disability or service engage in a gainful occupation, prior to attaining age fifty, the Board shall reduce the amount of his monthly pension as defined herein to an amount which, when added to the compensation earned monthly by him in such occupation, shall not exceed the amount of the compensation attached to the rank which he held at the time of his retirement. Should the earning capacity of such beneficiary be further altered, the Board may further alter his said pension to an amount which shall not exceed the full amount to which he would be entitled under this article in the absence of engagement in such occupation, but which, subject to such limitation, shall equal, when added to the compensation earned by him, the amount of the compensation attached to said rank. When said beneficiary reaches age fifty, his retirement allowance shall be made equal to the full amount to which he would be entitled under this article in the absence of engagement in such occupation, and shall not again be modified because of earnings other than under employment of the city.

(d)

Should any beneficiary retired for disability refuse under age fifty to submit to medical examination, his pension may be discontinued until his withdrawal of such refusal, and should such refusal continue for one year, his retirement allowance may be cancelled.

(Added Ord. 5313, 1958; based on former Sec. 2-731; Am. Ord. 95-41, § 5, eff. 6-23-95).