§5-10-26. Reexamination of disability retirants; reemployment; adjustment of annuity for earnings


Published: 2015

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WVC 5 - 10 - 26

§5-10-26. Reexamination of disability retirants; reemployment;

adjustment of annuity for earnings.

(a) At least once each year during the first five years

following the retirement of a member on account of disability, as

provided in section twenty-five of this article, and at least once

in each three-year period thereafter, the Board may require a

disability retirant, who has not attained age sixty years, to

undergo a medical examination to be made by or under the direction

of a physician designated by the board, or to submit a statement

signed by the disability retirant's physician certifying continued

disability, or both, and a copy of the disability retirants's

annual statement of earnings. If the retirant refuses to submit to

the medical examination or provide the certification or statement

in any period, his or her disability annuity may be discontinued by

the Board until the retirant complies. If the refusal continues

for one year, all the retirant's rights in and to the annuity may

be revoked by the board. If, upon medical examination of a

disability retirant, the physician reports to the board that the

retirant is physically able and capable of resuming employment with

a participating public employer, the retirant shall be returned to

the employ of the participating public employer from whose

employment he or she retired and his or her disability annuity

shall terminate: Provided, That the Board concurs in the

physician's report.

(b) A disability retirant who is returned to the employ of a participating public employer shall again become a member of the

retirement system and the retirant's credited service in force at

the time of his or her retirement shall be restored.

(c) If a review of the disability retirant's annual statement

of earnings or other financial information as required by the Board

determines that the disability retirant's earned income for the

preceding year exceeds the substantial gainful activity amount as

defined by the United States Social Security Administration, the

disability retirant's annuity shall be terminated by the Board,

upon recommendation of the Board's disability review committee, on

the first day of the month following the Board's action. Any

person who wishes to reapply for disability retirement and whose

disability retirement annuity has been terminated by the Board may

do so within ninety days of the effective date of termination by

requesting an examination at the applicant's expense by an

appropriate medical professional chosen by the Board.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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