86.257. Disability retirement allowance granted, when--periodic medical examinations required, when--cessation of disability benefit, when.
Disability retirement allowance granted, when--periodic medicalexaminations required, when--cessation of disability benefit,when.
86.257. 1. Upon the application of a member in service or of theboard of police commissioners, any member who has completed ten or moreyears of creditable service and who has become permanently unable toperform the duties of a police officer as the result of an injury orillness not exclusively caused or induced by the actual performance of hisor her official duties or by his or her own negligence shall be retired bythe board of trustees of the police retirement system upon certification bythe medical director of the police retirement system and approval by theboard of trustees of the police retirement system that the member ismentally or physically unable to perform the duties of a police officer,that the inability is permanent or likely to become permanent, and that themember should be retired.
2. Once each year during the first five years following such member'sretirement, and at least once in every three-year period thereafter, theboard of trustees may, and upon the member's application shall, require anynonduty disability beneficiary who has not yet attained sixty years of ageto undergo a medical examination at a place designated by the medicaldirector or such physicians as the medical director appoints. If anynonduty disability beneficiary who has not attained sixty years of agerefuses to submit to a medical examination, his or her nonduty disabilitypension may be discontinued until his or her withdrawal of such refusal,and if his or her refusal continues for one year, all rights in and to suchpension may be revoked by the board of trustees.
3. If the medical director certifies to the board of trustees that anonduty disability beneficiary is able to perform the duties of a policeofficer, and if the board of trustees concurs on the report, then suchbeneficiary's nonduty disability pension shall cease.
4. If upon cessation of a disability pension under subsection 3 ofthis section, the former disability beneficiary is restored to activeservice, he or she shall again become a member, and he or she shallcontribute thereafter at the same rate as other members. Upon his or hersubsequent retirement, he or she shall be credited with all of his or heractive retirement, but not including any time during which the formerdisability beneficiary received a disability pension under this section.
(L. 1957 p. 256 § 18, A.L. 2000 H.B. 1808, A.L. 2001 S.B. 290, A.L. 2009 H.B. 397 & H.B. 947)