(a) (1) Following the allowance of a disability annuity to any member, the Board of Trustees shall require any disability annuitant to undergo two (2) medical examinations during the first seven (7) years under disability retirement and may require additional medical examination at least once in every five (5) year period thereafter, to be made at a place mutually agreed upon, by a physician or physicians engaged

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by the Board.

(2) The medical examination shall not be required after the member, under the member’s applicable retirement plan, reaches regular retirement age or where years of actual service plus actual years on disability equals the amount of years that would qualify the member to retire as a regular retiree, whichever is earlier. If any examination indicates that the annuitant is no longer physically or mentally incapacitated for service, or that he is engaged or is able to engage in a gainful occupation, payment of the disability annuity by the Fund shall be discontinued as soon as the disability annuitant is reinstated to the payroll, but in no case shall payments be made for more than sixty (60) days after physicians and a medical consultant engaged by the Board find the annuitant is no longer incapacitated for service.

(b) Should the annuitant become able to resume a gainful occupation and his earnings therefrom be less than his salary at the date of retirement or that salary currently paid for similar positions, whichever is lower, the Board shall continue the disability allowance in an amount which added to his earnings from a gainful occupation, shall not exceed his salary at the date of retirement or the salary currently paid for similar positions, whichever is lower.

(c) Any disability annuitant who is restored to active service shall have deductions taken for the Retirement Fund and upon subsequent retirement shall have the annuitant’s retirement allowance based upon all allowable service, including that upon which the disability allowance is based.

SOURCE: GC § 4212.4, as added by P.L. 13-199 (Nov. 11, 1976); repealed and reenacted by P.L. 17-066:9 (Sept. 7, 1984); Subsection (a) amended by P.L. 20-221:43 (Dec. 31, 1990); repealed and reenacted by P.L. 24-315:5 (Dec. 23, 1998); amended by P.L. 29-111:1 (Aug. 26, 2008). Subsection (c) added by P.L. 25-072:IV:7(b) (Sept. 30, 1999).

2018 NOTE: Subitem designations added in Subsection (a) pursuant to authority by 1 Guam Code Ann. § 1606.