(a) At least 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 of Trustees may, or upon the retirant’s application the Board of Trustees shall require the retirant, if he or she has not attained his or her voluntary retirement age, to undergo a medical examination to be made under the direction of the Medical Director. If the retirant refuses to submit to such medical examination in any such period, his or her disability pension may be suspended by the Board of Trustees until his or her withdrawal of the refusal. Should the refusal continue for one year all his or her rights in and to a disability pension may be revoked by the Board of Trustees. If, upon such medical examination of a retirant, the medical director reports to the Board of Trustees that the retirant is physically able and capable of resuming employment with the City, and his or her report is concurred in by the Board of Trustees, the retirant shall be returned to the employ of the City and his or her disability pension shall be discontinued. In returning the retirant to the City employment, reasonable latitude shall be allowed the City in placing him or her in a position commensurate to this type of work and rate of compensation at the time of his or her retirement.
(b) A disability retirant who has been or shall be restored to City employment as provided in subsection (a) of this section, shall again become a member of the retirement system and he or she shall contribute to the system at the rate applicable to this membership classification. His or her credited service at the time of his or her retirement shall be restored to full force and effect. He or she shall be given service credit for the period he or she is receiving a disability pension provided in the retirement plan if, within that period, he or she was in receipt of workers’ compensation on account of his or her total and permanent disability arising out of and in the course of his or her employment; otherwise he or she shall not be given service credit for the period he or she was in receipt of a disability pension.
(Ord. 1860, passed 8-16-1965)