§ 39.320  CONDITIONS AFFECTING DISABILITY RETIRANTS.
   (a)   At least once each year during the first five years following the retirement of a member of the Firefighters' Pension Fund with a disability pension, and at least once in each three-year period thereafter, the board shall have the retirant, who has not attained age 55 years, undergo a medical examination to be made by or under the direction of a physician designated by the board. If the retirant refuses to submit to a medical examination in any period, the board may suspend that retirant's pension until the refusal is withdrawn. Should the refusal continue for one year, the board may discontinue the pension. If upon a medical examination of a retirant, the physician reports to the board that the retirant is physically able and capable of resuming employment with the city as a firefighter, and the report is concurred in by the board, the retirant shall be restored to active service with the city at the same or equivalent rank held at the time of the disability retirement, and the disability pension shall be discontinued.
   (b)   A disability retirant restored to active service in the employ of the city shall again become a member of the pension fund. Credited service at the time of the retirement shall be restored to full force and effect and service credit shall be given for any period the retirant was in receipt of workers' compensation on account of the disability arising out of city service.
(1957 Rev. Ords., § 2.1121; 1992 Code, § 35-101)  (Ord. 108-85, passed 12-2-1985; Ord. 118-16, passed 12-20-2016)