2006 New York Code - Safeguards On Disability Retirement.



 
    §  13-553 Safeguards on disability retirement. a. Once each year, such
  board may require any disability pensioner while still under the age  of
  sixty-five  years  to  undergo  medical  examination  by  a physician or
  physicians designated by the medical board. Such examinations  shall  be
  made  at  the  place  of  residence  of  such beneficiary or other place
  mutually agreed upon. Should the medical board, as the  result  of  such
  examination,  report  and  certify  to  such  board that such disability
  beneficiary is no longer physically or mentally  incapacitated  for  the
  performance   of  duty,  the  head  of  the  department  in  which  such
  beneficiary was employed at the time of  his  or  her  retirement,  upon
  notification  by  such  board of such report of the medical board, shall
  reappoint such beneficiary to such a position as was  held  by,  and  at
  such  a  rate  or salary as was paid to, such beneficiary at the time of
  his or her retirement.  However,  after  the  expiration  of  ten  years
  subsequent to the retirement of such beneficiary, his or her restoration
  to  duty, notwithstanding the recommendation of the medical board, shall
  be optional with such head of the department.
    b.  Should  any  disability  beneficiary,  while  under  the  age   of
  sixty-five  years,  refuse to submit to at least one medical examination
  in any year by a physician  or  physicians  designated  by  the  medical
  board,          his          or          her         pension         and
  pension-providing-for-increased-take-home-pay,   if   any,   shall    be
  discontinued  until  the withdrawal of such refusal. Should such refusal
  continue for one year, all his or her rights in and to the  pension  and
  pension-providing-for-increased-take-home-pay,  if  any,  constituted by
  this chapter shall be forfeited.
    c. Upon application of any beneficiary under  the  age  of  sixty-five
  years drawing a pension, a pension-providing-for-increased-take-home-pay
  or a retirement allowance under the provisions of this chapter, approved
  by such board, such beneficiary may be restored to active service by the
  head  of  the  department  in which such beneficiary was employed at the
  time of his or her retirement. Upon the restoration of a beneficiary  to
  active service his or her retirement allowance shall cease.

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