§ 62-205. Re-examination of disability retirants; return to city employment; adjustment of retirement allowance, etc.

(a)

Generally. Once each year during the first five years following the retirement of a member with a disability pension, and at least once in every three-year period thereafter, the board may, and upon the retirant's application shall, require the disability retirant, if he has not attained his eligible retirement age, to undergo a medical examination to be made by a physician appointed by the board. Should the retirant refuse to submit to such medical examination in any such period his disability pension may be discontinued by the board until his withdrawal of such refusal. Should such refusal continue for one year his disability pension may be revoked by the board. If upon such medical examination of a disability retirant the board-appointed physician reports to the board that the retirant is physically able and capable of resuming employment with the city, and his report is concurred in by the board, the retirant shall be returned to city employment and his disability pension shall be terminated. In returning a retirant to city employment, as provided in this subsection, reasonable latitude shall be allowed the mayor in placing him in a position commensurate to his type of work and compensation at the time of his retirement.

(b)

Adjustment of disability pension for work earnings. If a disability retirant, who has not attained his eligible retirement age, is or becomes engaged in gainful occupation, business or employment, and the total of his pay or earnings from such occupation, business or employment, and his disability pension exceeds his final compensation, his pension shall be reduced to an amount which together with the amount so earned by him shall equal his final compensation. Should his earnings be later changed, his pension shall be correspondingly adjusted. Prior to March 1 each year during the first five years of retirement, a disability retiree shall submit to the board an affidavit on a form to be provided by the pensions secretary of work income earned during disability retirement in the previous calendar year. Failure to file such affidavit shall result in the termination of all benefits until filed. At the March meeting of the board, the secretary shall report concerning the work income of each disability retiree during the preceding calendar year during disability. The board may require additional evidence to verify the content of the affidavit. The board shall adjust the duty disability pension benefits as required in this section.

(c)

Disability retirant returned to city employment. A disability retirant who returns to city employment, as provided in this section, shall again become a member of the retirement system. A disability retirant's credited service at the time of his retirement shall be restored to full force and effect. A disability retirant shall be given contributing service credit for the period he was receiving a disability pension under subsection 62-198(b), notwithstanding that he did not make contributions to the system during such period. A disability retirant shall not be given service credit for the period he was receiving a disability pension under section 62-200.

(Code 1979, § 2-314.1.30)