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a. Subject to the provisions of subdivision b of this section, medical examination of a contributor in city-service accident disability and investigation of all statements and certifications by such contributor or on his or her behalf in connection therewith shall be made upon the application of the head of the agency in which the contributor is employed, or upon the application of a contributor or a person acting in his or her behalf:
(1) stating that such contributor is physically or mentally incapacitated for the performance of city-service, as a natural and proximate result of such city-service; and
(2) certifying the time, place and conditions of such city-service performed by such contributor resulting in such alleged disability and that such alleged disability was not the result of wilful negligence on the part of such contributor and that such contributor should, therefore, be retired.
b. The provisions of this section shall apply only where such application is based on an accident which occurred on or after July first, nineteen hundred seventy.
c. Any such application shall be filed within two years after the happening of such accident.
d. If such medical examination and investigation shows that any such contributor, by whom or with respect to whom an application is filed under this section, is physically or mentally incapacitated for the performance of city-service as a natural and proximate result of an accidental injury received in such city-service by reason of an accident which occurred on or after July first, nineteen hundred seventy and while a contributor, and that such disability was not the result of wilful negligence on the part of such contributor and that such contributor should be retired, the medical board shall so certify to the retirement board stating the time, place and conditions of such city-service performed by such contributor resulting in such disability, and the retirement board shall retire such contributor for accident disability forthwith.
e. If such application is denied solely on the ground that such contributor is not, at the time of such examination, physically or mentally incapacitated for the performance of city-service, such application may thereafter be renewed during such contributor's city-service at any time within five years from the happening of the accident but preceding the date on which such member shall have become eligible for service retirement, provided he or she submits himself or herself to such further examinations as the medical board may require.
a. If a lump sum which has been paid or which is payable under the provisions of the workers' compensation law equals or exceeds the present value of all amounts otherwise payable out of moneys provided or to be provided by the city under the provisions of this chapter on account of the same disability of the same person, no payment shall be made to such person under the provisions of this chapter. If such lump sum be a percentage less than one hundred per cent of the present value of all such amounts, there shall be paid as it becomes due under the provisions of this chapter, in lieu of each amount otherwise payable, an amount equal to the percentage thereof which is the difference between such lesser per cent and one hundred per cent.
b. If an amount which is payable throughout a period under the provisions of the workers' compensation law equals or exceeds the amounts otherwise payable during the same period out of the moneys provided or to be provided by the city under the provisions of this chapter on account of the same disability of the same person, no payment shall be made to such person under the provisions of this chapter during such period nor thereafter, until the total amount of such omitted payments, together with the regular interest which they would have accumulated, equals the amount paid under the workers' compensation law, together with the regular interest which it would have accumulated. If an amount which is payable throughout a period under the provisions of the workers' compensation law be a percentage less than one hundred per cent of the amounts otherwise payable during the same period out of moneys provided or to be provided by the city under the provisions of this chapter on account of the same disability of the same person, there shall be paid during such period as it becomes due under the provisions of this chapter, in lieu of each amount otherwise payable, the percentage thereof which is the difference between such lesser per cent and one hundred per cent.
c. No decision of the workers' compensation board shall be binding on the medical board or on the retirement board in the determination of eligibility of a claimant for benefits for retirement for accident disability.
d. Notwithstanding any of the foregoing provisions of this section or any other law to the contrary, pending the final determination of a claim for workers' compensation benefits, the retirement board may authorize payment of all or any part of the benefits which are payable under this chapter and to which any of the foregoing provisions of this section apply, and in that event the retirement system shall be entitled to reimbursement out of the unpaid installment or installments of compensation due under the workers' compensation law provided that claim therefor is filed with the workers' compensation board, together with proof of the fact and amount of payment.
a. As used in this section, the following terms shall mean and include:
(1) "Panel of medical experts". Those physicians whose names are set forth in a list of medical experts prepared annually by the administrator of health services and filed in his office and with the executive director of the retirement system on or before July first. The experts so designated shall be physicians having qualifications as specialists in such fields of medicine as such administrator deems an essential background (i) for ascertaining, in cases where a medical examination is required in relation to disability retirement under section 13-550, 13-551 or 13-553 of this chapter, whether such member is physically or mentally incapacitated for the performance of city service, and (ii) for rendering of reports or certifications as to diagnosis and issues of causal relationship with respect to such applications. Each of such physicians shall have had, prior to his designation, at least ten years of practice in the field with respect to which he is designated. The names of such physicians shall be separately grouped in such list, according to the fields of medicine in which they are expert, and the names in each group shall be consecutively numbered.
(2) "Party entitled to review". Either of the following:
(i) the member; or
(ii) the appropriate agency head.
b. (1) In any case where an application for retirement of a member for disability has been filed pursuant to section 13-550 or 13-551 of this chapter, or a medical examination has been held in relation to restoration to service under section 13-553 of this chapter, the executive director of the retirement system, promptly after he receives the report or certification of the medical board with respect to such application or medical examination, shall give notice of such report or certification to such member and to the appropriate agency head. Within fifteen days after such notification, any party entitled to review may file with the executive director a written request that a special medical committee, as provided for in this section, shall review the conclusions and recommendations of the medical board set forth in its report or certification.
(2) (i) Any request for review filed by a member with respect to such application for disability retirement or with respect to restoration to service, shall be void and of no effect unless such request includes a waiver, as hereinafter provided, duly executed and acknowledged by the member or by a person acting in his behalf as hereinafter provided. Such waiver may be executed by a person acting in behalf of such member in any case where, at the time of the execution of such waiver by such person, the circumstances are such that if such application for disability retirement had not been previously filed by or with respect to such member, such person would at such time of execution be authorized under the provisions of section 13-550 or 13-551 of this chapter, as the case may be, to file, as a person acting in behalf of such member, an application for disability retirement of such member.
(ii) Such waiver shall provide that the execution thereof by such member or by a person acting in behalf of such member as hereinabove authorized shall constitute an agreement by such member that his application for disability retirement or for medical review in relation to restoration to service, as the case may be, shall be disposed of upon the recommendations of the special medical committee pursuant to the provisions of this section, that such action shall be final and conclusive, and that he waives any and all rights which he might otherwise have to seek or obtain any other disposition of such application for disability retirement or review of medical findings in relation to restoration to service, by court or administrative proceedings or otherwise. A waiver so executed and filed shall be effective and binding upon such member, in accordance with its terms.
c. Promptly after the filing of a request for review to be made by a special medical committee, the executive director shall transmit a copy of such request and of the report or certification of the medical board to the administrator of health service.
d. The administrator, upon receipt of such report or certification and request, shall promptly designate three of the physicians on the panel of medical experts as a special medical committee for the purpose of reviewing the recommendations and conclusions of the medical board in such case. Such physicians shall be selected by him from the panel group possessing the specialist qualifications deemed essential by him for such review. All selections of physicians pursuant to this subdivision d shall be made in order of numerical standing in the group from which selection is to be made, and on the basis of continuous rotation within the group.
e. (1) Promptly after making the selection prescribed by subdivision d of this section, the administrator of health service shall notify the selected physicians and the executive director thereof.
(2) Such special medical committee shall, within thirty days after such notification to the physicians constituting such committee is completed, perform, with respect to the application for retirement of such member for disability, or with respect to restoration to service, the same functions of medical examination or otherwise as are prescribed by applicable provisions of law for performance by the medical board with respect to retirement or restoration to service, and shall, within such period adopt by majority vote, and file with the executive director, a report or certification, as the case may be, stating the conclusions and recommendations of such committee concerning the matters required to be reported on or certified by the medical board, pursuant to applicable provisions of law.
f. The conclusions and recommendations of the special medical committee shall supersede those of the medical board.
g. (1) Each physician who serves as a member of a special medical committee shall receive a fee for such service, to be determined by the comptroller of the city.
(2) With respect to each case in which a special medical committee acts upon the request by a member, one-half of the fees of the members of such committee shall be paid by the appropriate agency. The other half of such fees shall be paid by the member.
(3) With respect to each such case in which a special medical committee acts upon the request by an appropriate agency head, the fees of the members of such committee shall be paid by such agency.
h. In any case where a request for review by a special medical committee is filed pursuant to the provisions of this section, the provisions of sections 13-550, 13-551 and 13-553 of this chapter shall be superseded by the provisions of this section to the extent that the provisions of this section are inconsistent therewith.
i. (1) In any case where the provisions of this section require the executive director to give notice to a member, the executive director may give such notice by delivery to such member personally or by mailing same to his last known address, as shown by the records of the retirement system.
(2) In any case where the provisions of this section require the giving of notice or the transmission of papers to any other person, such notice may be given or transmission effected by delivery to such person, by delivery at his office to any of his employees, or by mailing to the office address of such person.
(3) In any case where notice is given by mail pursuant to this subdivision, such notice shall be deemed to be given on the date of mailing.
a. As used in this section, the following terms shall mean and include:
(1) "Panel of medical experts". Those physicians whose names are set forth in a list of medical experts prepared annually by the administrator of health services and filed in his office and with the executive director of the retirement system on or before July first. The experts so designated shall be physicians having qualifications as specialists in such fields of medicine as such administrator deems an essential background (i) for ascertaining, in cases where a medical examination is required in relation to disability retirement under section 13-550, 13-551 or 13-553 of this chapter, whether such member is physically or mentally incapacitated for the performance of city service, and (ii) for rendering of reports or certifications as to diagnosis and issues of causal relationship with respect to such applications. Each of such physicians shall have had, prior to his designation, at least ten years of practice in the field with respect to which he is designated. The names of such physicians shall be separately grouped in such list, according to the fields of medicine in which they are expert, and the names in each group shall be consecutively numbered.
(2) "Party entitled to review". Either of the following:
(i) the member; or
(ii) the appropriate agency head.
b. (1) In any case where an application for retirement of a member for disability has been filed pursuant to section 13-550 or 13-551 of this chapter, or a medical examination has been held in relation to restoration to service under section 13-553 of this chapter, the executive director of the retirement system, promptly after he receives the report or certification of the medical board with respect to such application or medical examination, shall give notice of such report or certification to such member and to the appropriate agency head. Within thirty days after such notification, any party entitled to review may file with the executive director a written request that a special medical committee, as provided for in this section, shall review the conclusions and recommendations of the medical board set forth in its report or certification.
(2) (i) Any request for review filed by a member with respect to such application for disability retirement or with respect to restoration to service, shall be void and of no effect unless such request includes a waiver, as hereinafter provided, duly executed and acknowledged by the member or by a person acting in his behalf as hereinafter provided. Such waiver may be executed by a person acting in behalf of such member in any case where, at the time of the execution of such waiver by such person, the circumstances are such that if such application for disability retirement had not been previously filed by or with respect to such member, such person would at such time of execution be authorized under the provisions of section 13-550 or 13-551 of this chapter, as the case may be, to file, as a person acting in behalf of such member, an application disability retirement of such member.
(ii) Such waiver shall provide that the execution thereof by such member or by a person acting in behalf of such member as hereinabove authorized shall constitute an agreement by such member that his application for disability retirement or for medical review in relation to restoration to service, as the case may be, shall be disposed of upon the recommendations of the special medical committee pursuant to the provisions of this section, that such action shall be final and conclusive, and that he waives any and all rights which he might otherwise have to seek or obtain any other disposition of such application for disability retirement or review of medical findings in relation to restoration to service, by court or administrative proceedings or otherwise. A waiver so executed and filed shall be effective and binding upon such member, in accordance with its terms.
c. Promptly after the filing of a request for review to be made by a special medical committee, the executive director shall transmit a copy of such request and of the report or certification of the medical board to the administrator of health service.
d. The administrator, upon receipt of such report or certification and request, shall promptly designate three of the physicians on the panel of medical experts as a special medical committee for the purpose of reviewing the recommendations and conclusions of the medical board in such case. Such physicians shall be selected by him from the panel group possessing the specialist qualifications deemed essential by him for such review. All selections of physicians pursuant to this subdivision d shall be made in order of numerical standing in the group from which selection is to be made, and on the basis of continuous rotation within the group.
e. (1) Promptly after making the selection prescribed by subdivision d of this section, the administrator of health service shall notify the selected physicians and the executive director thereof.
(2) Such special medical committee shall, within thirty days after such notification to the physicians constituting such committee is completed, perform, with respect to the application for retirement of such member for disability, or with respect to restoration to service, the same functions of medical examination or otherwise as are prescribed by applicable provisions of law for performance by the medical board with respect to retirement or restoration to service, and shall, within such period adopt by majority vote, and file with the executive director, a report or certification, as the case may be, stating the conclusions and recommendations of such committee concerning the matters required to be reported on or certified by the medical board, pursuant to applicable provisions of law.
f. The conclusions and recommendations of the special medical committee shall supersede those of the medical board.
g. (1) Each physician who serves as a member of a special medical committee shall receive a fee for such service, to be determined by the comptroller of the city.
(2) With respect to each case in which a special medical committee acts upon the request by a member, one-half of the fees of the members of such committee shall be paid by the appropriate agency. The other half of such fees shall be paid by the member.
(3) With respect to each such case in which a special medical committee acts upon the request by an appropriate agency head, the fees of the members of such committee shall be paid by such agency.
h. In any case where a request for review by a special medical committee is filed pursuant to the provisions of this section, the provisions of sections 13-550, 13-551 and 13-553 of this chapter shall be superseded by the provisions of this section to the extent that the provisions of this section are inconsistent therewith.
i. (1) In any case where the provisions of this section require the executive director to give notice to a member, the executive director may give such notice by delivery to such member personally or by mailing same to his last known address, as shown by the records of the retirement system.
(2) In any case where the provisions of this section require the giving of notice or the transmission of papers to any other person, such notice may be given or transmission effected by delivery to such person, by delivery at his office to any of his employees, or by mailing to the office address of such person.
(3) In any case where notice is given by mail pursuant to this subdivision, such notice shall be deemed to be given on the date of mailing.
a. Once each year, such board may require any disability pensioner while still under the age of sixty-five years to undergo medical examination by a physician or physicians designated by the medical board. Such examinations shall be made at the place of residence of such beneficiary or other place mutually agreed upon. Should the medical board, as the result of such examination, report and certify to such board that such disability beneficiary is no longer physically or mentally incapacitated for the performance of duty, the head of the department in which such beneficiary was employed at the time of his or her retirement, upon notification by such board of such report of the medical board, shall reappoint such beneficiary to such a position as was held by, and at such a rate or salary as was paid to, such beneficiary at the time of his or her retirement. However, after the expiration of ten years subsequent to the retirement of such beneficiary, his or her restoration to duty, notwithstanding the recommendation of the medical board, shall be optional with such head of the department.
b. Should any disability beneficiary, while under the age of sixtyfive years, refuse to submit to at least one medical examination in any year by a physician or physicians designated by the medical board, his or her pension and pension-providing-for-increased-take-home-pay, if any, shall be discontinued until the withdrawal of such refusal. Should such refusal continue for one year, all his or her rights in and to the pension and pension-providing-for-increased-take-home-pay, if any, constituted by this chapter shall be forfeited.
c. Upon application of any beneficiary under the age of sixty-five years drawing a pension, a pension-providing-for-increased-take-home-pay or a retirement allowance under the provisions of this chapter, approved by such board, such beneficiary may be restored to active service by the head of the department in which such beneficiary was employed at the time of his or her retirement. Upon the restoration of a beneficiary to active service his or her retirement allowance shall cease.
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