(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, and upon the member’s application shall, require any disability retiree who has not attained age 55 years to undergo a medical examination to be made by or under the direction of the Medical Director. Should any such disability retiree refuse to submit to such medical examination in any such period, the member’s disability pension may be discontinued by the Board until his or her withdrawal of such refusal. Should such refusal continue for one year all the member’s rights in and to his or her pension may be revoked by the Board. If upon such medical examination of a disability retiree, the Medical Director reports to the Board that such retiree is physically able and capable of resuming employment with the city as a police officer or firefighter, he or she shall be restored to duty, except in the case of a police officer, upon certification by the state, in a rank at least equivalent to the rank he or she held at the time of his or her retirement and his or her disability pension shall terminate.
(B) A disability retiree who returns to the employ of the city as a police officer or firefighter shall again become a member of the retirement system. The member’s credited service at the time of the member’s retirement shall be restored to his or her credit. The member shall be given service credit for the period he or she was receiving a disability pension provided for in § 16.18(B); the member shall not be given service credit for the period he or she was receiving a disability pension provided for in § 16.16.
(C) (1) Retirees in the following groups are subject to earnings limitations:
(a) Police non-duty disability retirees less than age 55 who retired before July 1, 2004;
(b) Police duty disability retirees less than age 55 who retired on or after January 15, 1992 and before July 1, 2004;
(c) Firefighter non-duty disability retirees less than age 55 who retired before June 7, 1999; and
(d) Firefighter non-duty disability retirees less than age 50 who retired on or after June 7, 1999.
(2) In the event a retiree subject to earnings limitations becomes engaged in a gainful occupation, business, or employment, paying him or her more than the difference between the current rate of compensation being paid by the city for the rank last held by him or her and his or her disability pension, his or her disability pension shall be reduced to an amount which together with the amount so earned by him or her shall equal such current rate of compensation for the rank last held by him or her. For purposes of this section, the rate of compensation shall be the base pay for the rank last held and not inclusive of any fringe benefits or expected overtime payments. Retirees subject to this section shall provide income documentation to the Board each year, and failure to do so shall result in the suspension of benefits. If overpayment of benefits has been made, the Board may suspend benefits or take such other action to collect the overpayment as it deems appropriate.
(Prior Code, § 16.21) (Ord. D-678, passed 1-18-1965, effective 2-1-1965; Ord. D-1592, passed 6-19-1989, effective 6-29-1989; Ord. D-1737, passed 3-20-1995, effective 3-30-1995; Ord. O-51, passed 8-7-2006, effective 8-17-2006)