Disability & Gainful Employment


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Disability & Gainful Employment

Departments > Retirement System > Disability & Gainful Employment

DISABILITY & GAINFUL EMPLOYMENT

WHAT HAPPENS IF I RECEIVE A DISABILITY RETIREMENT AND THEN FIND GAINFUL EMPLOYMENT?

In the event a member who is receiving a retirement allowance due to a disability secures gainful employment, including employment with the city, paying more than the difference between his retirement allowance and his average final compensation, the amount of his retirement allowance shall be reduced to an amount which, together with the amount earnable by him, shall equal the amount of his average final compensation but, in no event, to an amount less than the portion of his allowance provided by his accumulated contributions. Should his earning capacity be later changed, the amount of his retirement allowance may be further modified in like manner.

AM I REQUIRED TO NOTIFY THE BOARD SHOULD I FIND EMPLOYMENT?

Yes, any member receiving a retirement allowance due to a disability shall advise the Board of any gainful employment.

DOES THE BOARD HAVE THE AUTHORITY TO INVESTIGATE MY EMPLOYMENT?

Yes, the Board may make such investigation at any time in reference to any gainful employment of any retired member, up to the time he attains his minimum service retirement age, and such member shall answer any question and furnish information, including copies of federal income tax returns, as the Board may require. In the event that the member fails or refuses to comply with the Board's request, then his retirement allowance may be discontinued by the Board until his withdrawal of such refusal, and should his refusal continue for over on year, all his rights in and to that portion of his retirement allowance which is provided by the contributions of the City may be revoked by the Board.

WHAT IF I BECOME REEMPLOYED BY THE CITY?

Should a member receiving a retirement allowance due to a disability be restored to or be in service at a compensation equal to or greater than his average final compensation at retirement, or should an other beneficiary be restored to service, his retirement allowance shall cease, any election of an optional benefit shall become void, he shall again become a member of the system and shall contribute thereafter at the then prevailing rate. An amount equal to the actuarial reserve held for the part of his retirement allowance provided by his contributions shall be credited to him as accumulated contributions. Any creditable service to which he was entitled when he retired shall be restored to him, and upon subsequent retirement his retirement allowance shall be based on his compensation and creditable service before and after the period of prior retirement; provided that if he does not complete three years of creditable service after his restoration to service, the part of his retirement allowance upon subsequent retirement payable with respect to creditable service rendered before the period of his previous retirement shall be equal to his previous retirement allowance with all of the provisions of any option restored, if one was elected, with respect to such part of his retirement allowance.