§ 31-59. Annual review of disability recipients; continuation, cessation or adjustment of allowances or benefits.

(a)

The board, or the disability review committee, may require any recipient of a disability retirement allowance pursuant to section 31-56 or section 31-57 of this Code, or of a partial disability benefit pursuant to section 31-58 of this Code, to undergo medical and functional capacity examinations by a physician or other qualified professional selected by the fund prior to the date on which the recipient attains age sixty (60). Should a recipient refuse to submit to any such examination, the recipient's disability retirement allowance or partial disability benefit shall be discontinued during the continuation of such refusal; and should such refusal continue for one (1) year, all the recipient's rights to any further disability retirement allowance or partial disability benefit payments shall cease.

(b)

Whenever, as a result of a medical or functional capacity examination of a recipient of a disability retirement allowance as provided for in subsection (a) of this section, or other relevant evidence, the board determines that such recipient is no longer totally and permanently disabled, and is engaged in gainful activity or is able to engage in gainful activity, the disability retirement allowance shall cease. Except as provided in section 31-58(h), the period during which the recipient received a disability retirement allowance shall not be counted as credited service.

(c)

Whenever a disability retirement allowance is terminated under subsection (b) of this section, but the board determines that the recipient remains partially disabled due to the same disability for which the retirement allowance was initially awarded, to the extent that the recipient is still incapable of performing the essential functions of the recipient's former position with the participating employer and the recipient's earning capacity has been reduced permanently by such partial disability, such recipient shall be awarded a partial disability benefit in place of the terminated disability retirement allowance. Such partial disability benefit shall be governed in every respect by the provisions of section 31-58, as though it had been awarded initially in lieu of a disability retirement allowance and shall commence immediately upon termination of the disability retirement allowance.

(d)

Whenever, as a result of a medical or functional capacity examination of a recipient of a partial disability benefit as provided in subsection (a) of this section, or other relevant evidence, the board determines that there has been an improvement in the recipient's medical condition related to the same disability for which the partial disability benefit was initially awarded to the extent that the recipient is capable of performing the essential functions of the recipient's former position with the participating employer, the board shall reevaluate such recipient's partial disability benefit.

(e)

Notwithstanding anything to the contrary in this Code, the board's decision to grant, deny or terminate a disability retirement allowance or a partial disability benefit need never be based solely on the results of a medical examination. The board may also consider reports of vocational rehabilitation counselors, financial evidence, the testimony of lay and expert witnesses, whether the applicant or recipient is receiving disability benefits under social security or the Virginia Workers' Compensation Act and any other relevant evidence. The recipient shall annually submit a report on the recipient's personal efforts toward rehabilitation, along with a written statement attesting to the fact that there has been no change in the recipient's condition which would result in any adjustment to or cessation of disability benefits, or if changes have occurred, a statement describing any such change. In addition to such annual reporting, or as otherwise required by the board, it shall be the duty of any recipient of a disability retirement allowance or a partial disability benefit to notify the board within thirty (30) days of any material change in the recipient's medical condition, or of any gainful activity in which the recipient becomes engaged. Failure of the recipient to furnish the information required by the board under this subsection in a timely manner or failure of the recipient to cooperate with vocational rehabilitation counselors in order to derive maximum benefit from rehabilitation services offered at the participating employer's expense shall constitute grounds for the board to deny or terminate the disability retirement allowance or to deny or order a reduction or cessation of the partial disability benefit to such recipient.

(Ord. No. 2990-82; Ord. No. 4706-95; Ord. No. 6434-07, § 1; Ord. No. 6923-12, § 1; Ord. No. 7073-14, § 1)

Editor's note— Ord. No. 7073-14, § 1, adopted June 24, 2014, shall be in effect on and after June 1, 2014.

(Ord. No. 2990-82; Ord. No. 4706-95; Ord. No. 6434-07, § 1; Ord. No. 6923-12, § 1; Ord. No. 7073-14, § 1)

Editor's note

Ord. No. 7073-14, § 1, adopted June 24, 2014, shall be in effect on and after June 1, 2014.