Section 13-356. Safeguards on disability retirement; disability retirees other than disability retirees under improved benefits plan  


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  • a.  Once  each  year the board may, and upon his or her application shall, require
      any member, after retirement for disability and while under the  minimum
      period  for service retirement elected by him or her, to undergo medical
      examination. Such examination shall be made at the place of residence of
      such  beneficiary  or  other  place  mutually  agreed  upon.  Upon   the
      completion  of  such  examination  the  medical  board  shall report and
      certify to the board whether such beneficiary is or is  not  totally  or
      partially  incapacitated physically or mentally and whether he or she is
      or is not engaged in or able to engage in a gainful occupation.  If  the
      board  concur  in a report by the medical board that such beneficiary is
      able to engage in a gainful occupation, it shall  certify  the  name  of
      such  beneficiary  to the appropriate civil service commission, state or
      municipal, and such  commission  shall  place  his  or  her  name  as  a
      preferred  eligible  on  such  appropriate  lists  of  candidates as are
      prepared for appointment to positions for which he or she is  stated  to
      be   qualified.   Should  such  beneficiary  be  engaged  in  a  gainful
      occupation, or should he or she be offered city-service as a  result  of
      the placing of his or her name on a civil service list, such board shall
      reduce  the  amount  of his or her disability retirement allowance to an
      amount which, when added to that then earned by him or her, or  earnable
      by  him  or  her in city-service so offered him or her, shall not exceed
      the current maximum salary for the title next higher than that  held  by
      him  or  her  when he or she was retired. Should the earning capacity of
      such beneficiary be further altered, such board may further alter his or
      her retirement allowance to an amount which shall not exceed the rate of
      retirement allowance upon which he or she  was  originally  retired  but
      which,  subject  to  such  limitation,  shall  equal, when added to that
      earnable by him or her, the current maximum salary for  the  title  next
      higher  than  that  held  by  him or her when he or she was retired. The
      provisions of this section shall  be  executed,  any  provision  of  the
      charter or the code to the contrary notwithstanding.
        b.  Should any member, after retirement for disability and while under
      the minimum period for service retirement elected by him or her,  refuse
      to  submit  to  one  medical  examination  in any year by a physician or
      physicians designated by  the  medical  board,  his  or  her  retirement
      allowance  may  be  discontinued  until  his  or  her withdrawal of such
      refusal. Should such refusal continue for  one  year,  all  his  or  her
      rights in and to such retirement allowance may be revoked by such board.
        c. (1) The provisions of this section shall apply to:
        (i)  any  beneficiary who retired for disability prior to the starting
      date of  the  improved  benefits  plan  (as  such  date  is  defined  in
      subdivision twenty-seven of section 13-313 of this subchapter); and
        (ii)  any  beneficiary  who  becomes  a  beneficiary  by  retiring for
      disability on or after such starting date and who at the  time  of  such
      retirement, is an original plan member.
        (2)  The provisions of this section shall not apply to any beneficiary
      who becomes a beneficiary by retiring for disability and who at the time
      of such retirement is an improved benefits plan member.