Disability in line of duty shall mean a bodily injury or injuries which was received
by accidental means, which resulted directly and exclusively of all other causes during
the time a member of Division B was engaged in the regular duties of his employment,
which is likely to be permanent, and which has rendered him incapable of performing
the duties of his employment. The pension commission shall have exclusive authority
to determine the existence of disability in line of duty.
The pension commission, in its sole discretion, may secure medical and other evidence
as it deems necessary and appropriate. Once each calendar year, the pension commission
may require any retired member who is receiving a disability benefit because of disability
in line of duty and who has not reached his sixtieth birthday to undergo a medical
examination by a physician or physicians designated by the pension commission, and
such examination shall be made at the place of residence of such retired member or
at any other place the pension commission designates. If the pension commission determines
from such medical examination or any other evidence that the disability of the retired
member has ceased or that he is able to resume employment with the employer at an
annual earnings rate equal to or greater than that in effect at the time disability
was initially determined, his disability benefit shall be discontinued as of the date
of such determination. If a retired member refuses to submit to such medical examination,
his disability benefit shall be discontinued until he shall actually undergo such
medical examination; and if he fails to undergo such medical examination for one year
from the date the pension commission requires such medical examination, his disability
benefit shall be discontinued permanently.
If the disability benefit of a retired member is discontinued permanently prior to
his sixteenth birthday and he is re-employed by the employer within six (6) months
of the date his disability ceases, his credited service shall not be deemed to have
been interrupted, but shall not include any time during which he was not an employee.
A member of Division B who is an employee and who becomes disabled as defined in this
section shall be eligible to retire on his disability retirement date which shall
be the first day of the month following the determination by the pension commission
that he is disabled, and to receive a disability benefit as provided in Section 3.12.
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