2006 New York Code - Safeguards On Disability Retirement.

 
    §  13-171  Safeguards  on disability retirement. a. Once each year the
  board may, and upon his or her application shall, require any disability
  pensioner, under the minimum age for service retirement  for  the  group
  from  which  he  or she was retired to undergo medical examination. Such
  examination shall be made at the place of residence of such  beneficiary
  or  other  place  mutually  agreed  upon.  Upon  the  completion of such
  examination the medical board shall report  and  certify  to  the  board
  whether such beneficiary is or is not totally or partially incapacitated
  physically  or mentally and whether he or she is or is not engaged in or
  able to engage in a gainful occupation. If the board concur in a  report
  by  the  medical  board  that  such  beneficiary  is able to engage in a
  gainful occupation, it shall certify the name of such beneficiary to the
  appropriate civil service commission, state or city, and such commission
  shall place his or her name as a preferred eligible on such  appropriate
  lists  of  candidates  as  are prepared for appointment to positions for
  which he or she is stated to be qualified.
    Should such beneficiary be engaged in a gainful occupation, or  should
  he  or  she be offered city-service as a result of the placing of his or
  her name on a civil service list, such board shall reduce the amount  of
  his     or     her     disability     pension    and    his    or    her
  pension-for-increased-take-home-pay, if any, to an  amount  which,  when
  added  to  that  then earned by him or her, or earnable by him or her in
  city-service so offered him or her, shall not exceed the current maximum
  salary for the title next higher than that held by him or her when he or
  she was retired. Should the earning  capacity  of  such  beneficiary  be
  further altered, such board may further alter his or her pension and his
  or  her  pension-for-increased-take-home-pay, if any, to an amount which
  shall     not     exceed     the      rate      of      pension      and
  pension-for-increased-take-home-pay,  if  any,  upon which he or she was
  originally retired but which, subject to such limitation,  shall  equal,
  when  added  to  that earnable by him or her, the current maximum salary
  for the title next higher than that held by him or her when  he  or  she
  was retired.
    The provisions of this section shall be executed, any provision of the
  charter or the code to the contrary notwithstanding.
    b.  Should any disability pensioner, under the minimum age for service
  retirement for the group from which he or she  was  retired,  refuse  to
  submit  to  one  medical  examination  in  any  year  by  a physician or
  physicians designated by the medical board, his or her pension  and  his
  or  her pension-for-increased-take-home-pay, if any, may be discontinued
  until his or  her  withdrawal  of  such  refusal.  Should  such  refusal
  continue  for one year, all his or her rights in and to such pension and
  pension-for-increased-take-home-pay, if any,  may  be  revoked  by  such
  board.