Sec. 121.112. - Periodic physical examination may be required; cessation of pension; Annual Affidavit Program.

(a) The Board, upon its own motion or upon request of the pension Advisory Committee or appointing authority, may require a pensioner to submit to a medical examination at the cost of the fund from time to time, but not more often than once in any six months, to determine the extent of recovery of the pensioner from his incapacity. Within 15 days of his being required to submit to the medical examination, the pensioner shall select a Board Certified physician or surgeon specializing in the field of the disability, who, acting with the Medical Director of the fund shall select another Board Certified physician or surgeon specializing in the field of the disability. These three physicians shall constitute the medical review committee, and examine the pensioner within 30 days of the selection of the third physician. The findings of a majority of the three examiners shall be final as to the physical condition of the pensioner to resume his duties. The reports of the physicians shall be filed with the Board and a copy sent certified mail to the pensioner. (b) The Board shall, by rule, establish procedures for the re-examination of applicants for disability, for the conduct of disability retirement hearings, for review of such hearings by a court of competent jurisdiction. (c) In the event the Board determines that the pensioner is no longer permanently and totally disabled from useful and efficient service as a police officer or firefighter, the Board shall notify the appointing authority and the pensioner in writing. The pensioner shall be ordered by the appointing authority to report for employment in his former position, subject at all times to the Personnel Rules and Regulations. (d) Notice of the order to report for employment shall be given by the appointing authority to the pensioner by registered mail, and the pensioner shall report for work within ten days from the mailing of the notice or at such later date as the appointing authority shall designate therein, his pension shall thereupon cease and terminate. (e) A pensioner who refuses or fails to submit to a medical examination as required herein or return to employment in accordance with an order, or who, after being determined to be no longer disabled elects not to return to employment with the City, shall forfeit all rights and claims to further payments of pension, and his pension shall thereupon cease and terminate. (f) To safeguard the assets of the Fund, the Board is authorized to establish an Affidavit Program for the purpose of annually certifying the accuracy of the pension payroll. This program shall require from each pensioner and Beneficiary, on an annual basis, the execution of a notarized Affidavit of Eligibility certifying that the recipient is entitled to continue receiving pension benefits. In the event that the pension recipient fails to provide the required affidavit of continued eligibility, the recipient shall be subject to the suspension of pension benefits in accordance with rules and regulations prescribed by the Board. Prior to the implementation of final steps to terminate the payment of pension benefits, the Administrator shall schedule an administrative hearing for the purpose of allowing the recipient the opportunity to show cause as to why a termination of pension benefits should not be implemented. (Ord. 69-298-462, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 74-725-435, § 1; Ord. 83-591-400, § 1; Ord. 86-1136-591, § 1; Ord. 93-1773-1045, § 3; Ord. 97-340-E, § 4; Ord. 2003-303-E, § 1; Ord. 2017-259-E , § 1)