Medical examination of recipient - Cancellation of allowance.
San José Municipal Code § 3.28.1445
in effect3.28.1445 - Medical examination of recipient - Cancellation of allowance.
A. The Retirement Board may at any time refer any recipient of a disability retirement allowance to the independent medical panel for the purpose of re-evaluation at a reasonable time and place to be determined by the Board. Upon such re-evaluation and other relevant evidence, the independent medical panel shall determine whether the recipient is still incapacitated for the performance of duty in the position or office held by him or her at the time he or she retired for disability, or in another position or office in the same classification of positions or offices as the one in which he or she was included at the time he or she was so retired. If the independent medical panel finds that he or she is not so incapacitated, it shall make a written finding to that effect; whereupon, unless expressly provided elsewhere in this Part 10A, the disability retirement allowance shall thereupon immediately cease and be terminated.
B. Upon any such recipient's application for reinstatement from disability retirement to active duty, the Board shall refer the matter to the independent medical panel for evaluation. The recipient of the disability allowance may submit a medical report by his or her own physician or surgeon. Upon the basis of such examination and other relevant evidence, the independent medical panel shall determine whether the recipient is still incapacitated for the performance of duty in the position or office held by him or her at the time he or she retired for disability, or in another position or office in the same classification of positions or offices as the one in which he or she was included at the time he or she was so retired. If the independent medical panel finds that he or she is not so incapacitated, it shall make a written finding to that effect; whereupon, unless expressly provided elsewhere in this Part 10A, the disability retirement allowance shall thereupon immediately cease and be terminated.
C. 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, 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 restoration to duty under or by virtue of any provisions of this Chapter, 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, 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 the Board terminated the retirement allowance, apply to the Board for such survivor's or death benefits, if any, as they would be entitled to if the 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 the deceased person's original disability continued to the time of his or her death, the Board upon a determination by the independent medical panel may grant to them such survivorship or death allowances or benefits as they would have been entitled to if the abovementioned 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 the 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_3.28.1445MEEXREANALFetched: 11/1/2026