(1) The board of administration may
at its pleasure require any disability beneficiary under age
sixty-two years to undergo medical examination to be made by a
physician or surgeon appointed by the board, at a place to be
designated by the board. Upon the basis of such examination the
board shall determine whether such disability beneficiary is
still totally and permanently incapacitated either mentally or
physically for service in the office or department of the city
where he was employed or in any other city service for which he
is qualified. If the board of administration shall determine
that said beneficiary is not so incapacitated, his retirement
allowance shall be canceled and he shall be reinstated forthwith
in the city service.
(2) Should a disability beneficiary reenter the city service
and be eligible for membership in the retirement system in
accordance with RCW 41.28.030(1), his retirement allowance shall
be canceled and he shall immediately become a member of the
retirement system, his rate of contribution for future years
being that established for his age at the time of reentry. His
individual account shall be credited with his accumulated
contributions less the annuity payments made to him. An amount
equal to the accumulated normal contributions so credited to him
shall again be held for the benefit of said member and shall no
longer be included in the amounts available to meet the
obligations of the city on account of benefits that have been
granted and on account of prior service of members. Such member
shall receive credit for prior service in the same manner as if
he had never been retired for disability.
(3) Should any disability beneficiary under age sixty-two
years refuse to submit to medical examination, his pension may be
discontinued until his withdrawal of such refusal, and should
refusal continue for one year, his retirement allowance may be
canceled. Should said disability beneficiary, prior to attaining
age sixty-two years, engage in a gainful occupation not in city
service, or should he reenter the city service and be ineligible
for membership in the retirement system in accordance with RCW 41.28.030(2), the board of administration shall reduce the amount
of his retirement allowance to an amount, which when added to the
compensation earned by him in such occupation shall not exceed
the amount of the final compensation on the basis of which his
retirement allowance was determined. Should the earning capacity
of such beneficiary be further altered, the board may further
alter his retirement allowance to an amount which shall not
exceed the amount upon which he was originally retired, but
which, subject to such limitation shall equal, when added to the
compensation earned by him, the amount of his final compensation
on the basis of which his retirement allowance was determined. When said disability beneficiary reaches the age of sixty-two
years, his retirement allowance shall be made equal to the amount
upon which he was originally retired, and shall not again be
modified for any cause except as provided in RCW 41.28.220.
(4) Should the retirement allowance of any disability
beneficiary be canceled for any cause other than reentrance into
the city service he shall be paid his accumulated contributions,
less annuity payments made to him.
[1939 c 207 § 17; RRS § 9592-117.]