- 1. If the medical board reports and certifies to the board of trustees that the disability beneficiary is engaged or is able to engage in a gainful occupation other than fireman paying more than the difference between his retirement allowance and one and one-half times the then current rate of pay for the rank held by the member at the time of retirement, and if the board of trustees concurs in the report, then the amount of his retirement allowance shall be reduced to an amount which together with the amount earnable by him in such other occupation shall equal the amount of such current rate of pay. If his earning capacity is later changed, the amount of his retirement may be further modified. If any such disability beneficiary is found by such medical board to be able to engage in the occupation of fireman, his retirement allowance shall not cease until he is restored to active service at the position and title held by such disability beneficiary at the time such disability occurred.
- 2. If a disability beneficiary is restored to active service, his retirement allowance shall cease and he shall again become a member. His creditable service at the time of his retirement shall be restored to full force and effect and in addition, upon his subsequent retirement, he shall be credited with all his additional service as a member, and if his then average final compensation is less than the average final compensation used in determining his disability benefits, the latter amount shall be used in determining benefits. In addition, an accident disabled member restored to active service shall be credited with all the time he has served as a beneficiary.
(L. 1943 p. 708 § 6, A.L. 1959 S.B. 314 §§ 86.537, 86.538, A.L. 1965 p. 212, A.L. 1967 p. 168, A.L. 1983 H.B. 694 & 171)