(1) The board of administration may at its pleasure require any disability beneficiary under age sixty-two years to undergo medical examination to be made by a physician or surgeon appointed by the board, at a place to be designated by the board. Upon the basis of such examination the board shall determine whether such disability beneficiary is still totally and permanently incapacitated either mentally or physically for service in the office or department of the city where he or she was employed or in any other city service for which he or she is qualified. If the board of administration shall determine that said beneficiary is not so incapacitated, his or her retirement allowance shall be canceled and he or she shall be reinstated forthwith in the city service.
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Terms Used In Washington Code 41.28.160

  • Accumulated contributions: shall mean accumulated normal contributions plus accumulated additional contributions. See Washington Code 41.28.010
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: shall mean payments derived from contributions made by a member as provided in RCW 41. See Washington Code 41.28.010
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: shall mean any person in receipt of a pension, annuity, retirement allowance, disability allowance, or any other benefit provided in this chapter. See Washington Code 41.28.010
  • Board: shall mean "board of administration" as provided in RCW 41. See Washington Code 41.28.010
  • City: shall mean any city of the first class as described in RCW 41. See Washington Code 41.28.010
  • City service: shall mean service rendered to city for compensation, and for the purpose of this chapter, a member shall be considered as being in city service only while he or she is receiving compensation from the city for such service. See Washington Code 41.28.010
  • Compensation: shall mean the compensation payable in cash, plus the monetary value, as determined by the board of administration, of any allowance in lieu thereof. See Washington Code 41.28.010
  • Final compensation: means the annual average of the greatest compensation earnable by a member during any consecutive five-year period of service for which service credit is allowed. See Washington Code 41.28.010
  • Member: shall mean any person included in the membership of the retirement system as provided in RCW 41. See Washington Code 41.28.010
  • Normal contributions: shall mean contributions at the rate provided for in RCW 41. See Washington Code 41.28.010
  • Pension: shall mean payments derived from contributions made by the city as provided for in RCW 41. See Washington Code 41.28.010
  • Prior service: shall mean the service of a member for compensation rendered to the city prior to July 1, 1939, and shall also include military or naval service of a member to the extent specified in RCW 41. See Washington Code 41.28.010
  • Retirement allowance: shall mean the pension plus the annuity. See Washington Code 41.28.010
  • Retirement system: shall mean "employees' retirement system" provided for in RCW 41. See Washington Code 41.28.010
(2) Should a disability beneficiary reenter the city service and be eligible for membership in the retirement system in accordance with RCW 41.28.030(1), his or her retirement allowance shall be canceled and he or she shall immediately become a member of the retirement system, his or her rate of contribution for future years being that established for his or her age at the time of reentry. His or her individual account shall be credited with his or her accumulated contributions less the annuity payments made to him or her. An amount equal to the accumulated normal contributions so credited to him or her shall again be held for the benefit of said member and shall no longer be included in the amounts available to meet the obligations of the city on account of benefits that have been granted and on account of prior service of members. Such member shall receive credit for prior service in the same manner as if he or she had never been retired for disability.
(3) Should any disability beneficiary under age sixty-two years refuse to submit to medical examination, his or her pension may be discontinued until his or her withdrawal of such refusal, and should refusal continue for one year, his or her retirement allowance may be canceled. Should said disability beneficiary, prior to attaining age sixty-two years, engage in a gainful occupation not in city service, or should he or she reenter the city service and be ineligible for membership in the retirement system in accordance with RCW 41.28.030(2), the board of administration shall reduce the amount of his or her retirement allowance to an amount, which when added to the compensation earned by him or her in such occupation shall not exceed the amount of the final compensation on the basis of which his or her retirement allowance was determined. Should the earning capacity of such beneficiary be further altered, the board may further alter his or her retirement allowance to an amount which shall not exceed the amount upon which he or she was originally retired, but which, subject to such limitation shall equal, when added to the compensation earned by him or her, the amount of his or her final compensation on the basis of which his or her retirement allowance was determined. When said disability beneficiary reaches the age of sixty-two years, his or her retirement allowance shall be made equal to the amount upon which he or she was originally retired, and shall not again be modified for any cause except as provided in RCW 41.28.220.
(4) Should the retirement allowance of any disability beneficiary be canceled for any cause other than reentrance into the city service he or she shall be paid his or her accumulated contributions, less annuity payments made to him or her.
[ 2012 c 117 § 53; 1939 c 207 § 17; RRS § 9592-117.]
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