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Page 45 1 offer of employment has been made to the applicant. 2 An applicant shall not be discriminated against on the 3 basis of height, weight, sex, or race in determining 4 physical or mental ability of the applicant. 5 Reasonable rules relating to strength, agility, and 6 general health of applicants shall be prescribed. The 7 costs of the physical examination required under this 8 subsection shall be paid from the trust and agency 9 fund of the city. 10 Sec. 91. Section 411.5, Code 1995, is amended by 11 adding the following new subsection: 12 NEW SUBSECTION. 13. VOLUNTARY BENEFIT PROGRAMS. 13 The board of trustees shall be responsible for the 14 administration of the voluntary benefit programs 15 established under section 411.40. The board may take 16 any necessary action, including the adoption of rules, 17 for purposes of administering the programs. 18 Sec. 92. Section 411.6, subsection 7, paragraph a, 19 unnumbered paragraph 1, Code 1995, is amended to read 20 as follows: 21 Should any beneficiary for either ordinary or 22 accidental disability, except a beneficiary who is 23 fifty-five years of age or over and would have 24 completed twenty-two years of service if the 25 beneficiary had remained in active service, be engaged 26 in a gainful occupation paying more than the 27 difference between the member's retirement allowance 28 and one and one-half times the earnable compensation 29 of an active member at the same position on the salary 30 scale within the member's rank as the member held at 31 retirement, then the amount of the member's retirement 32 allowance shall be reduced to an amount which together 33 with the amount earned by the member shall equal one 34 and one-half times the amount of the current earnable 35 compensation of an active member at the same position 36 on the salary scale within the member's rank as the 37 member held at retirement. Should the member's 38 earning capacity be later changed, the amount of the 39 member's retirement allowance may be further modified, 40 provided, that the new retirement allowance shall not 41 exceed the amount of the retirement allowance adjusted 42 by annual readjustments of pensions pursuant to 43 subsection 12 of this section nor an amount which, 44 when added to the amount earned by the beneficiary, 45 equals one and one-half times the amount of the 46 earnable compensation of an active member at the same 47 position on the salary scale within the member's rank 48 as the member held at retirement. A beneficiary 49 restored to active service at a salary less than the 50 average final compensation upon the basis of which the
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