2005 West Virginia Code - §15-2-31. — Same - Physical examinations; termination.

§15-2-31. Same - Physical examinations; termination.
The Consolidated Public Retirement Board may require any member who has been retired with compensation on account of disability to submit to a physical and/or mental examination by a physician or physicians selected or approved by the Board and cause all costs incident to the examination including hospital, laboratory, X ray, medical and physicians' fees to be paid out of funds appropriated to defray the current expense of the Department, and a report of the findings of the physician or physicians shall be submitted in writing to the Consolidated Public Retirement Board for its consideration. If, from the report or from the report and hearing on the report, the Retirement Board is of opinion and finds that the disabled member has recovered from the disability to the extent that he or she is able to perform adequately the duties of a law-enforcement officer, the Board shall order that all payments from the Death, Disability and Retirement Fund be terminated. If, from the report or the report and hearing on the report, the Board is of the opinion and finds that the disabled member has recovered from his or her previously determined probable permanent disability to the extent that he or she is able to engage in gainful employment but remains unable to adequately perform the duties of a law-enforcement officer, the Board shall order the payment, in monthly installments of an amount equal to two thirds of the salary, in the case of a member retired under the provisions of section twenty-nine of this article, or equal to one half of the salary, in the case of a member retired under the provisions of section thirty of this article, excluding any compensation paid for overtime service, for the twelve-month employment period preceding the disability: Provided, That if the member had not been employed with the Department for twelve months prior to the disability, the amount of monthly salary shall be annualized for the purpose of determining the benefit.