(1) Once each year during the first 5 years following the retirement of a member on
a disability retirement allowance and once in every 3-year period thereafter, the
retirement board may require a disability benefit recipient who has not yet attained
the age of 60 to undergo a medical examination by a physician or physicians designated
by the retirement board. The examination must be made at the place of residence of the benefit recipient or
other place mutually agreed upon. Based on the examination, the board shall determine whether the disabled member is
unable, by reason of physical or mental incapacity, to perform the essential elements
of the position held by the member when the member retired. If the board determines that the member is not incapacitated, the member's retirement
benefit must be canceled. If the member disagrees with the board's determination, the member may request the
board to reconsider its action. The request for reconsideration must be made in writing within 60 days after the receipt
of the notice of the status change.
(2) A member whose disability retirement benefit is canceled because the board has
determined that the member is no longer incapacitated must be given preference by
the member's former employer for the position held at the time of retirement or for
a comparable position that becomes available within 1 year of cancellation of the
disability retirement. The member may agree to accept an offer of employment by an employer. Employment in any capacity by an employer terminates any right granted by this section.
The fact that the former employee was retired on disability may not prejudice any
right to reinstatement to duty that the former employee may have or claim to have.
This section does not affect any requirement for the former employee to meet or to
be able to meet professional certification and licensing standards unrelated to the
previous disability, otherwise necessary for reinstatement to duty.
(3) If a disability benefit recipient who has not yet attained the age of 60 refuses
to submit to a medical examination as required in subsection (1), the recipient's
allowance may be discontinued until withdrawal of the refusal. If a refusal continues for 1 year, all rights in and to a disability pension may be
revoked by the retirement board.
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