§ 3-414. SAFEGUARDS.

(a) The Board at its pleasure or upon request of 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/she was employed and in the position held by him/her when retired for disability. If the Board shall determine that said beneficiary is not so incapacitated, his/her retirement allowance shall be cancelled forthwith, and he/she shall be reinstated to the position of the same class as that held by him/her when retired for disability.

(b) (1) Should a beneficiary after retirement for disability re-enter the service and be eligible for membership in the Retirement System in accordance with Section 3-402, his/her retirement allowance shall be cancelled and he/she shall immediately become a member of the Retirement System, his/her rate of contribution for future years being that established subject to Section 2-1716A. His/her 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/her annuity, but such amount shall not exceed the amount of his/her accumulated contributions as it was at the time of his/her retirement.

(2) An amount actuarially equivalent to his/her 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/she 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/her monthly pension as defined herein to an amount which, when added to the compensation earned monthly by him/her in such occupation, shall not exceed the amount of the compensation attached to the rank which he/she held at the time of his/her retirement. Should the earning capacity of such beneficiary be further altered, the Board may further alter his/her said pension to an amount which shall not exceed the full amount to which he/she 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/her retirement allowance shall be made equal to the full amount to which he/she 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 by the city.

(d) Should any beneficiary retired for disability refuse under age fifty to submit to medical examination, his/her pension may be discontinued until his/her withdrawal of such refusal, and should such refusal continue for one year, his/her retirement allowance may be cancelled. (Added Ord. 5313, 1958; based on former Sec. 2-731; Added. Ord. 90-73, § 1, eff. 8-27-90; Am. Ord. 95-42, §§ 14, 15, eff. 6-23-95).