§ 3.13. Disability not in line of duty—Conditions.

Disability not in line of duty shall mean a physical or mental condition of a member of Division B which has rendered him incapable of efficiently discharging the duties of his position, which is likely to be permanent, and which has rendered him incapable of being gainfully employed. The pension commission shall have exclusive authority to determine the existence of disability not 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 not 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, 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. Prior to July 1 in each calendar year, the pension commission may require any retired member who received a disability benefit in the preceding calendar year because of disability not in line of duty and who has not reached his sixteenth birthday to submit proof satisfactory to the pension commission of the amount of his income earned in such preceding calendar year and derived from gainful employment. If the pension commission determines that he is gainfully employed, his disability benefit shall be discontinued as of the date of such determination; provided, however, that if the retired member reapplies for disability benefits and the commission determines that disability exists, payment of his disability benefit shall resume as of the date of such determination. If a retired member refuses to submit such proof to the pension commission prior to July 1 in each calendar year, his disability benefit shall be discontinued after such date and until he actually submits such proof; and if he fails to submit such proof within one year of such date, his disability benefit shall be discontinued permanently. If the disability benefit of a retired member is discontinued permanently prior to his sixtieth 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, who has completed at least five (5) years of credited service, 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 3.14.