§88-159  Reexamination of disability
beneficiary; hearing.  After any member of the police force, fire
department, or band has been retired upon pension by reason of disability, the
board of trustees shall have the right at any time to cause the retired member
again to be brought before it and examined by the medical board, and shall also
have the right to examine other witnesses for the purpose of discovering
whether the disability still continues, and whether the retired member should
remain on the pension roll; but the retired member shall be retained on the
pension roll until reinstated in the service of the police force, fire
department or band, except in case of dismissal or resignation.  The retired
member shall be entitled to notice, and to be present at the hearing of
evidence, shall be permitted to propound any question pertinent or relevant to
the matter and shall also have the right to introduce evidence upon the retired
member's own behalf.  All witnesses so produced shall be examined under oath
and any member of the board of trustees is authorized to administer the oath. 
Should the retired member recover from the retired member's disability and be,
in the opinion of the medical board, again fit for active duty, then the member
shall again be put on active duty and full pay, and from the time the board of
trustees shall decide that the member is fit for active duty, the member shall
cease to be entitled to any payments out of the pension system because of
disability for which the member was retired. [L 1917, c 220, pt of §3; RL 1925,
pt of §2163; am L 1933, c 46, pt of §1; RL 1935, pt of §7905; RL 1945, pt of
§6173; RL 1955, §6-139; am L 1963, c 65, §2b; HRS §88-159; gen ch 1985]



 



Cross References



 



  Hearings, generally, see chapter 91.