Failure or refusal to submit to medical examination.
San José Municipal Code § 3.28.1449
in effect3.28.1449 - Failure or refusal to submit to medical examination.
If any recipient of a disability retirement allowance fails or refuses to submit to medical examination or examinations as ordered or required by the independent medical panel or administrative law judge, upon certification by the panel to the Board, the Board shall thereupon terminate said person's disability retirement and disability retirement allowance, in which event, subject to the following provisions, such person shall have no right to reinstatement to duty under or by virtue of any provisions of this Part, nor shall he or she or any of his or her survivors nor his or her estate thereafter be entitled to any allowances or benefits under this System; provided, however, that if said person should apply for reinstatement of said disability retirement within one (1) year from and after the date of termination of said retirement, and if he or she should prove to the satisfaction of the independent medical panel that his or her disability continues and has not ceased, upon certification by the independent medical panel to the Board, the Board may reinstate said disability retirement and disability allowance as of the date of the order of such reinstatement or as of such prior date which the Board should find to be just and reasonable based on a determination by the independent medical panel; and provided further, that if said person should die before having said disability retirement and disability retirement allowance reinstated as aforesaid and within one (1) year from and after the date that the Board terminated said disability retirement, then in that event, the surviving spouse or surviving child or children of said deceased person or his or her estate may, within said one (1) year from and after the date said Board terminated said retirement allowance, apply to said Board for such survivor's or death benefits, if any, as they would be entitled to if said deceased person's disability retirement had not been terminated as aforesaid, and if they should prove to the satisfaction of the independent medical panel that said deceased person's original disability continued to the time of his or her death, the Board upon a determination of the independent medical panel may grant to them such survivorship or death allowances or benefits as they would have been entitled to if the above-mentioned disability retirement had not been terminated as aforesaid. In no event shall said disability retirement or disability retirement allowance be reinstated unless application therefor has been made within one (1) year from and after the Board terminated such retirement; and in no event shall any survivorship allowances or death benefits be granted to anyone pursuant to the provisions of this Section unless application therefor has been made within one (1) year from and after the date said Board terminated said disability retirement.
(Ords. 19839, 29904.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT3PE_IIREPL_CH3.281975FEEMREPL_PT10AREDIRE_3.28.1449FARESUMEEXFetched: 11/1/2026