State Codes and Statutes
Statutes > Utah > Title-49 > Chapter-12 > 49-12-60149-12-601. Disability retirement -- Medical examinations -- Reemployment ofdisabled retirant -- Cancellation of benefit -- Service credit -- Disabled retirant engaging ingainful employment -- Reduction of allowance -- Refusal to submit to medical examination.
(1) Only members of this system who became eligible for a disability retirementallowance before January 1, 1983, are covered under this section.
(2) (a) The board may, upon the recommendation of the administrator, require anyretirant who has been retired for disability and who has not attained the age of 60 years, toundergo a medical examination by a physician or surgeon, appointed by the board, at the place ofresidence of the retirant or other place mutually agreed upon.
(b) Upon the basis of the examination, the board shall determine whether the disabledretirant is still incapacitated, physically or mentally, for service under this chapter.
(c) If the board determines that the retirant is not incapacitated, the retirement allowanceshall be cancelled and the retirant shall be reinstated immediately to a position of the same classas that held by the retirant when retired for disability.
(d) If any employing unit is unable to reinstate the retirant, the board shall continue thedisability retirement allowance of the retirant until employment is available.
(3) (a) If a disabled retirant under this system reenters covered service and is eligible formembership in the retirement system, the retirement allowance shall be cancelled and the retirantshall immediately become a member of the retirement system.
(b) (i) The member's individual account shall be credited with an amount which is theactuarial equivalent, at the time of reentry, based on a disabled life, of that portion of themember's retirement allowance which was derived from the member's accumulated contributions.
(ii) The amount credited may not exceed the amount of accumulated contributionsstanding at the time of retirement.
(c) Each member shall receive credit for the service in the member's account at the timeof retirement.
(4) If the retirement allowance of any disabled retirant is cancelled for any cause otherthan reentry into service, the retirant shall be paid the accumulated contributions less the amountsprescribed by Subsection (6).
(5) (a) If any member retired for disability engages in a gainful occupation prior toattaining age 60, the administrator shall reduce the amount of the retirement allowance to anamount which, when added to the compensation earned monthly by the retirant in that occupation,may not exceed the amount of the final average monthly salary on the basis of which the currentservice retirement allowance was determined.
(b) If the earning capacity of the retirant is further altered, the administrator may furtheralter the retirement allowance as provided in this Subsection (5).
(c) In no event, however, may the retirement benefit be reduced below that portion of theretirant's allowance derived from the retirant's own accumulated contributions.
(d) When the retirant reaches age 60, the retirement allowance shall be made equal to theamount upon which the retirant was originally retired and may not again be modified for anycause.
(6) (a) If any member who retired for disability under age 60, refuses to submit to amedical examination, the retirement allowance may be discontinued until the retirant withdrawsthat refusal.
(b) If the refusal continues for one year the disability status may be cancelled and
membership terminated.
(c) (i) The retirant's accumulated contribution account shall be the actuarial equivalent onthe date of the retirant's change of status, based on a disabled life, of that portion of the disabilityretirement allowance which was derived from the retirant's accumulated contributions.
(ii) The amount credited may not exceed the amount of the retirant's accumulatedcontributions at the time of disability retirement.
Renumbered and Amended by Chapter 250, 2002 General Session
