Section 73. Separation for ordinary disability; reinstatement

When  an
  employee has been continuously absent from and  unable  to  perform  the
  duties  of  his position for one year or more by reason of a disability,
  other than a disability resulting from occupational injury or disease as
  defined in the workmen's compensation law, his employment status may  be
  terminated  and  his  position may be filled by a permanent appointment.
  Such employee may,  within  one  year  after  the  termination  of  such
  disability,   make  application  to  the  civil  service  department  or
  municipal commission having jurisdiction over the position last held  by
  such  employee  for  a  medical examination to be conducted by a medical
  officer selected for that purpose by such department or commission.  If,
  upon such medical examination, such medical officer shall  certify  that
  such  person is physically and mentally fit to perform the duties of his
  former position, he shall be  reinstated  to  his  former  position,  if
  vacant,  or  to a vacancy in a similar position or a position in a lower
  grade in the same occupational field in his former department or agency.
  If no appropriate vacancy shall exist to which such reinstatement may be
  made, or if the work load does not warrant the filling of such  vacancy,
  the  name  of  such  person  shall be placed on a preferred list for his
  former position in his former department or  agency,  and  he  shall  be
  eligible  for reinstatement in his former department or agency from such
  preferred list for a period of four years. In the event that such person
  is reinstated to a position in a grade lower than  that  of  his  former
  position,  his  name  shall be placed on the preferred eligible list for
  his former position or any similar position in his former department  or
  agency.  This  section  shall  not  be deemed to modify or supersede any
  other provisions of law  applicable  to  the  re-employment  of  persons
  retired from the public service on account of disability.