(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 every three years thereafter, the Board of Trustees may, and upon the retirant's application shall, require any disability retirant who has not attained sixty years of age to 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 such medical examination in any such period, the Board may suspend payment of his or her disability pension until his or her withdrawal of such refusal. If such refusal continues for one year, the Board may terminate payment of his or her disability pension. If, upon such medical examination of such retirant, the physician reports to the Board that the retirant is physically able and capable of resuming employment with the City, he or she shall be returned to the employ of the City and his or her disability pension shall be terminated, provided that the report of such physician is concurred with by the Board. In returning the retirant to City employment, as provided in this section, reasonable latitude shall be allowed the city in placing him or her in a position commensurate to his or her type of work and compensation at the time of his or her retirement.
(b) If a disability retirant who has not attained sixty years of age becomes engaged in a gainful occupation, business or employment, paying more than the difference between his or her annual rate of compensation at the time of his or her retirement 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 his or her annual rate of compensation.
(c) A disability retirant who is returned to City employment, as provided in this section, shall again become a member of the Employees Retirement System and his or her credited service at the time of his or her retirement shall be restored to full force and effect. He or she shall be given service credit for the period he or she was receiving a disability pension provided for in this chapter if, within such period, he or she was in receipt of worker's compensation on account of his or her total and permanent disability arising out of and in the course of his or her City employment. Otherwise, he or she shall not be given service credit for such period.
(1974 Code § 1.224)