(a) The county personnel board, in its discretion and at any time, may cause any person receiving any relief allowance under the provisions of this article, who has served less than twenty-five (25) years, to appear before competent medical authority selected by the county personnel board and undergo a medical examination, as the result of which the board shall determine whether the relief in such case shall be continued, increased, decreased or discontinued, or whether such person shall be restored to active service and shall further determine the duty that his age or disability will permit him to perform. Each member of the county police so restored to active service shall, upon resumption of such service, receive a rate of compensation which would be the equivalent of the rank and pay steps thereof to which he was assigned at the time of his retirement, which compensation shall be in lieu of his retirement benefits during the remainder of his active service and shall, from and after the date of resumption of service as aforesaid, be subject to the provisions of this article, as now or hereafter amended, wherever applicable. Should any person receiving relief under the provisions of this article, after due notice, fail to appear and undergo the examination prescribed herein or refuse to be restored to active service as herein provided, the personnel board is authorized to reduce or entirely discontinue such relief.
(b) The county personnel board, subject to the approval of the council, may reduce or discontinue the relief granted to any person under the provisions of this article if such person shall have been convicted in any court of any crime involving turpitude. Such board, subject to the approval of the council, may also reduce or discontinue the relief granted to any person under the provisions of this article when it shall appear to its satisfaction from evidence before it that such person is a habitual drunkard or guilty of lewd or lascivious conduct.
(c) In the event it is determined by the county personnel board, upon a finding of fact pursuant to subsections (c) and (d) of section 35-15, that any member of the county police who has applied for retirement and relief under such subsections could, through appropriate medical or other treatment, cure, improve or arrest any disease, disability or the results of any accident so as to remove any incapacity, the board may, in its discretion, refuse to retire such member unless and until he undergoes the necessary treatment for the disease, disability or results of such accident. If, following completion of such treatment, the board determines that such member is still incapacitated so as to be unable to perform his duties, such member shall be retired and receive relief as provided in subsections (c) and (d) of section 35-15.
(d) Upon preparation and recommendation by the personnel board of amendments of the retirement fund established by this article, the county council may adopt and put into effect such amendments by ordinance; provided, that any increase in benefits enacted thereby is adequately funded. No amendment shall reduce the amount of any accrued pension which has been covered by a reserve held in the system or the term of monthly payments or shall delay the due date of any payment, without the consent of the member thereto.
(e) The county council shall afford members the opportunity to be heard at a public hearing before it acts on any amendment of this retirement fund or before it acts on any proposal to reduce the funding of the police relief and retirement fund as provided by this section. (Mont. Co. Code 1965, § 18-19; 1939, ch. 730, § 20; 1966 L.M.C., ch. 12, §§ 8, 9.)