87.215. Reduction and suspension of pension, when.
Reduction and suspension of pension, when.
87.215. 1. If the medical board reports and certifies to the boardof trustees that the disability beneficiary is engaged or is able to engagein a gainful occupation other than firefighter paying more than thedifference between his or her retirement allowance and one and one-halftimes the then current rate of pay for the rank held by the member at thetime of retirement, and if the board of trustees concurs in the report,then the amount of his or her retirement allowance shall be reduced to anamount which together with the amount earnable by him or her in such otheroccupation shall equal the amount of such current rate of pay. If his orher earning capacity is later changed, the amount of his or her retirementmay be further modified. If any such disability beneficiary is found bysuch medical board to be able to engage in the occupation of firefighter,his or her retirement allowance shall not cease until he or she is restoredto active service at the position and title held by such disabilitybeneficiary at the time such disability occurred.
2. If a disability beneficiary is restored to active service, his orher retirement allowance shall cease and he or she shall again become amember. His or her creditable service at the time of his or her retirementshall be restored to full force and effect and in addition, upon his or hersubsequent retirement, he or she shall be credited with all his or heradditional service as a member, and if his or her then average finalcompensation is less than the average final compensation used indetermining his or her disability benefits, the latter amount shall be usedin determining benefits. In addition, an accident-disabled member restoredto active service shall be credited with all the time he or she has servedas 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, A.L. 2001 S.B. 290)