73 - Separation for ordinary disability; reinstatement.

§ 73. Separation  for  ordinary  disability;  reinstatement.  When  an  employee has been continuously absent from and  unable  to  perform  the  duties  of  his position for one year or more by reason of a disability,  other than a disability resulting from occupational injury or disease as  defined in the workmen's compensation law, his employment status may  be  terminated  and  his  position may be filled by a permanent appointment.  Such employee may,  within  one  year  after  the  termination  of  such  disability,   make  application  to  the  civil  service  department  or  municipal commission having jurisdiction over the position last held  by  such  employee  for  a  medical examination to be conducted by a medical  officer selected for that purpose by such department or commission.  If,  upon such medical examination, such medical officer shall  certify  that  such  person is physically and mentally fit to perform the duties of his  former position, he shall be  reinstated  to  his  former  position,  if  vacant,  or  to a vacancy in a similar position or a position in a lower  grade in the same occupational field in his former department or agency.  If no appropriate vacancy shall exist to which such reinstatement may be  made, or if the work load does not warrant the filling of such  vacancy,  the  name  of  such  person  shall be placed on a preferred list for his  former position in his former department or  agency,  and  he  shall  be  eligible  for reinstatement in his former department or agency from such  preferred list for a period of four years. In the event that such person  is reinstated to a position in a grade lower than  that  of  his  former  position,  his  name  shall be placed on the preferred eligible list for  his former position or any similar position in his former department  or  agency.  This  section  shall  not  be deemed to modify or supersede any  other provisions of law  applicable  to  the  re-employment  of  persons  retired from the public service on account of disability.