(a) At least once each year during the first five years following the retirement of a member with a disability annuity, and at least once in every three-year period thereafter, the Retirement Board may, and upon the disability retirant's application shall, require any disability retirant who has not attained his or her voluntary retirement age to undergo a medical examination made by or under the direction of a physician designated by the Board. If such retirant refuses to submit to such medical examination in any such period, his or her disability annuity may be discontinued by the Board until his or her withdrawal of such refusal. If such refusal continues for one year, all his or her rights in and to an annuity may be revoked by the Board. If, upon such medical examination, such physician reports to the Board that the retirant is physically able and capable of resuming active duty as a police officer or firefighter, he or she shall be restored to active duty in the employ of the City in the rank or grade held by him or her at the time of his or her disability retirement, and his or her disability annuity shall terminate.
(b) If such disability retirant, who has not attained his or her voluntary retirement age, is or becomes engaged in a gainful occupation, business or employment, and the sum of his or her pay or earnings from such occupation, business or employment and the disability annuity exceeds the annual rate of compensation of a police officer or firefighter, as the case may be, his or her disability annuity shall be reduced to an amount which, when added to the amount so earned by him or her, shall equal but not exceed such annual rate of compensation of a police officer or firefighter, as the case may be.
(c) A disability retirant who has been or is returned to active service as a police officer or firefighter in the employ of the City shall again become a member of the retirement system. He or she shall contribute to the retirement system thereafter in the same manner as prior to his or her disability retirement, and his or her credited service at the time of his or her disability retirement shall be restored to full force and effect. He or she shall be given service credit for the time he or she was receiving a duty disability annuity under Section 296.15(b). He or she shall not be given service credit for the time he or she was receiving a nonduty disability retirement annuity under Section 296.17(b).
(1979 Code Sec. 2.80.230)