43:10-5.4 - Member retired for disability under 60;  annual medical examination;  alteration of pension

43:10-5.4.  Member retired for disability under 60;  annual medical examination;  alteration of pension
    Once each year the pension commission may, and upon his application, shall,  require any member retired for disability who is under the age of 60 years to  undergo medical examination by a physician or physicians designated by the  commission.  The examination shall be made at the residence of the beneficiary  or any other place mutually agreed upon.  If the physician or physicians  thereupon report and certify to the commission that the disability beneficiary  is not permanently and totally incapacitated either physically or mentally for  the performance of duty and if the commission concurs in the report, then the  amount of his pension shall be reduced to an amount which, when added to the  amount then being earned by him, shall not exceed the amount of the  compensation now attributable to his former position.  If subsequent medical  examination of such a beneficiary shows that his earnings have changed since  the date of his last examination, then the amount of his pension may be further  altered but the new pension shall not exceed the amount of the pension  originally granted nor shall the new pension when added to the amount then  being earned by the beneficiary exceed the salary or compensation then attributable to his former position.

     L.1973, c. 345, s. 12.