TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE
CHAPTER 22-400. DISABILITY BENEFITS
§22-403. Reexamination and Reemployment of Disabled Members; Required Medical Treatment.
(1) Reexamination. The Board may, at any time and at its
discretion, require a disabled member, while younger than the minimum retirement
age of the applicable coverage plan, to undergo a medical examination by the
Medical Panel. Examinations shall be made at the residence of the disabled
member or such other place as may be designated by the
Board.
(2) Reemployment of member receiving service-connected disability
benefits. If the Board shall find that a disabled member receiving
service-connected disability benefits is able to resume the duties of the
member's former position or one of like status, salary, and seniority with
the City, and such member shall refuse or fail to accept reassignment,
reinstatement or reemployment by the City in such a position, then the Board
shall order such benefits to be discontinued. Pending such reassignment,
reinstatement, reemployment, or offer of the same, as herein set forth, or
pending the securing of other employment, payment of the disability benefits
shall be continued.
(3) Discontinuance of ordinary disability benefits.
If the Board shall find that a disabled member receiving ordinary disability
benefits is no longer mentally or physically totally incapacitated from
performance of duty, the Board shall order such benefits to be
discontinued.
(4) Refusal to submit to medical examination. If any
disabled member younger than the minimum retirement age specified in the
applicable coverage plan refuses to submit to a medical examination as required
by the Board pursuant to subsection (1), the Board shall suspend such
member's disability benefits until the member submits to a medical
examination. If such refusal continues for one year from the date of the
Board's initial request, the Board may revoke such member's rights
to the disability benefits and order such benefits to be
discontinued.
(5) Application for reemployment. Upon application, a
disabled member may, subject to Civil Service Regulations, be restored to
employment with the City. In such event, the disability benefits shall cease and
the disabled member shall resume membership in the applicable plan of the
Retirement System with full credit for prior credited
service.
(6) Requirement to accept reasonable and appropriate medical
care.
(a) All disabled members (except Fire Employees or
Sheriff's Department employees referenced in § 22-401(3)) shall be
required to accept reasonable and appropriate medical care including, without
limitation, diagnostic testing, physical therapy, and established corrective
surgical procedures, as determined by the Medical Panel. The Board may terminate
the benefits of any member who refuses to do so, provided that benefit payments
shall not cease in such case until the resolution of any appeal to the Board, or
the expiration of the appeal period, which shall be thirty (30) days after the
date of the Board's letter to the member notifying the member of the
Board's action to terminate.
(b) In the event the medical care
ordered under § 22-403(6)(a) is to undergo surgery against the
recommendation of the member's private physician, the Medical Panel shall
not make a final determination without first referring the matter to a doctor
from a standing panel of surgeons chosen by the Board and considering that
surgeon's opinion as to the efficacy of the recommended
surgery.