Section 13-553. Safeguards on disability retirement  


Latest version.
  • a. Once each year, such
      board may require any disability pensioner while still under the age  of
      sixty-five  years  to  undergo  medical  examination  by  a physician or
      physicians designated by the medical board. Such examinations  shall  be
      made  at  the  place  of  residence  of  such beneficiary or other place
      mutually agreed upon. Should the medical board, as the  result  of  such
      examination,  report  and  certify  to  such  board that such disability
      beneficiary is no longer physically or mentally  incapacitated  for  the
      performance   of  duty,  the  head  of  the  department  in  which  such
      beneficiary was employed at the time of  his  or  her  retirement,  upon
      notification  by  such  board of such report of the medical board, shall
      reappoint such beneficiary to such a position as was  held  by,  and  at
      such  a  rate  or salary as was paid to, such beneficiary at the time of
      his or her retirement.  However,  after  the  expiration  of  ten  years
      subsequent to the retirement of such beneficiary, his or her restoration
      to  duty, notwithstanding the recommendation of the medical board, shall
      be optional with such head of the department.
        b.  Should  any  disability  beneficiary,  while  under  the  age   of
      sixty-five  years,  refuse to submit to at least one medical examination
      in any year by a physician  or  physicians  designated  by  the  medical
      board,          his          or          her         pension         and
      pension-providing-for-increased-take-home-pay,   if   any,   shall    be
      discontinued  until  the withdrawal of such refusal. Should such refusal
      continue for one year, all his or her rights in and to the  pension  and
      pension-providing-for-increased-take-home-pay,  if  any,  constituted by
      this chapter shall be forfeited.
        c. Upon application of any beneficiary under  the  age  of  sixty-five
      years drawing a pension, a pension-providing-for-increased-take-home-pay
      or a retirement allowance under the provisions of this chapter, approved
      by such board, such beneficiary may be restored to active service by the
      head  of  the  department  in which such beneficiary was employed at the
      time of his or her retirement. Upon the restoration of a beneficiary  to
      active service his or her retirement allowance shall cease.