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Session Laws, 1990 Session
Volume 436, Page 2791   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 657

engage in a gainful occupation paying more than the difference between his retirement
allowance at the time of his retirement and his average final compensation plus [$3,000]
$5,000, and if the board of trustees concurs in the report, then the amount of his pension
shall be reduced.

(Hi) If the ORDINARY DISABILITY beneficiary's earning capacity is
later changed, the amount of his pension may be further modified, provided that the new
pension may not exceed the amount of the pension originally granted.

THE AMOUNT OF THE PENSION REDUCTION REQUIRED
UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH AND ALLOWED UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH SHALL BE ONE DOLLAR FOR
EVERY TWO DOLLARS BY WHICH THE BENEFICIARY'S CURRENT
COMPENSATION EXCEEDS THE LIMITATION PROVIDED UNDER THIS
PARAGRAPH.

(VI THE PENSION REDUCTION REQUIRED UNDER
SUBPARAGRAPH (II) OF THIS PARAGRAPH AND ALLOWED UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH DOES NOT APPLY TO AN
ACCIDENTAL DISABILITY BENEFICIARY.

(C) A beneficiary restored to active service at a salary less than the average
final compensation upon the basis of which he was retired shall not become a member of the
retirement system until his salary is at least equal to such average final compensation.

[(v) The amount of the pension reduction required under subparagraph
(H) and allowed under subparagraph (Hi) of this paragraph shall be one dollar for every two
dollars by which his current compensation exceeds the limitation provided under this
paragraph.

(b)] (D) Should a disability beneficiary under the age of 60 be restored to
active service and should his annual compensation then or at any time prior to the age of 60
be equal to or greater than his average final compensation at retirement, his allowance shall
cease, he shall again become a member of the retirement system, and he shall contribute
thereafter at the same rate he paid prior to disability. Anything in this article to the contrary
notwithstanding, prior service credit shall be restored to full force and effect, and in addition,
upon his subsequent retirement he shall be credited with all the service as a member
creditable to him at the time of retirement; but should he be restored to membership after the
attainment of age 50, his pension upon subsequent retirement shall not exceed the pension
which he was receiving immediately prior to his last restoration to membership and the
pension that may have accrued to him as a new member on account of service since his last
restoration to membership, provided that the total pension on his subsequent retirement shall
not exceed the rate per centum he would have received had he remained in service during the
period of his prior retirement.

(5) (Al Once each year, the board of trustees may, and upon his application shall
require any disability beneficiary who has not yet attained age 60 to undergo a medical
examination, such examination to be made at the place of residence of said beneficiary or

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Session Laws, 1990 Session
Volume 436, Page 2791   View pdf image (33K)
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