2006 New York Code - Safeguards On Disability Retirement.

 
    §  13-254  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  or  period  for  service  retirement
  elected  by him or her, 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 concurs in a report by the
  medical board that such beneficiary is  able  to  engage  in  a  gainful
  occupation,  he or she shall certify the name of such beneficiary to the
  appropriate civil service  commission,  state  or  municipal,  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    his    or    her
  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 or period
  for service retirement elected by him or her, 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 his or her
  pension-for-increased-take-home-pay, if any,  may  be  revoked  by  such
  board.