102:18 Ordinary Disability; Medical Examination. –
I. Upon the application to the retirement board of a member in active service, any member who has 15 or more years of creditable service may be retired on an ordinary disability retirement allowance consisting of an annual sum equal to 2/3 his average final salary as defined in RSA 102:15; provided that the physician or physicians designated by the board certify that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that he should be retired.
II. Once each year during the first years following the retirement of a member on a total and permanent disability, or ordinary disability retirement, and once in every 3-year period thereafter, the board may require any disability beneficiary, who has not attained age 65, to undergo a medical examination by a physician or physicians designated by the board. If any disability beneficiary, who has not attained age 65, refuses to submit to such medical examination, his retirement may be discontinued by the board, until his withdrawal of such refusal; and, if his refusal continues for more than a year, all his rights in and to his pension may be revoked by the board. If the physician or physicians designated by the board report and certify that the disability beneficiary is again able to engage in fire duty, his retirement allowance shall be continued until such time as the community from which he is retired is able to retire him. On his reinstatement to active service, his rate of assessment shall be the same as assessed against him previous to the date of his disability, and his period of disability shall be considered as part of continuous service.
III. If the retirement board finds that any member retired on an ordinary disability allowance under this section is engaged in a gainful occupation paying more than the difference between his annual retirement allowance and the annual amount of compensation currently payable for the job classification last held by the beneficiary prior to his disability retirement, then his disability shall be deemed to have diminished and his retirement allowance shall be reduced to an amount which, together with the annual amount earnable by him, shall equal the annual amount of compensation currently payable for the job classification last held by the disabled beneficiary. Such reduction shall not be made if the disabled beneficiary demonstrates to the satisfaction of the retirement board that the annual compensation currently earnable by him does not exceed the difference between his retirement allowance and the annual amount of compensation currently payable for the job classification which he last held prior to his disability retirement. If his earnings from such gainful occupation are later changed, his retirement allowance may be further modified by the retirement board; provided, however, that his retirement allowance shall at no time exceed the original grant nor an amount which when added to the amount being earned by him equals the annual amount of compensation currently payable for the job classification last held prior to his disability retirement. It shall be the responsibility of the retired member to file with the retirement board, annually on a date determined by the board, proof of the annual amount of compensation currently earnable by him and of the annual amount of compensation currently payable for the job classification last held by him prior to his disability retirement. The provisions of this section governing adjustments or discontinuance of a member's disability retirement allowance shall apply proportionally in like manner to any benefits which may thereafter become payable to the beneficiary named under any option elected under the provisions of RSA 102:16.