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House Journal: Page 759: Tuesday, March 17, 1998

 2   calculated under section 97B.50, subsection 2.  The
 3   monthly ordinary disability allowance calculated under
 4   this subsection shall consist of an allowance equal to
 5   one-twelfth of fifty percent of the member's three-
 6   year average covered wage or its actuarial equivalent
 7   as provided under section 97B.51.
 8     4.  OFFSET TO ALLOWANCE.  Notwithstanding any
 9   provisions to the contrary in state law, or any
10   applicable contract or policy, any amounts which may
11   be paid or payable by the employer under the
12   provisions of any workers' compensation, unemployment
13   compensation, or other law to a member, and any
14   disability payments the member receives pursuant to
15   the federal Social Security Act, 42 U.S.C. "/g" 423 et.
16   seq., shall be offset against and payable in lieu of
17   any retirement allowance payable pursuant to this
18   section on account of the same disability.
19     5.  REEXAMINATION OF MEMBERS RETIRED ON ACCOUNT OF
20   DISABILITY.
21     a.  Once each year during the first five years
22   following the retirement of a member under this
23   section, and once in every three-year period
24   thereafter, the department may, and upon the member's
25   application shall, require any member receiving an in-
26   service or ordinary disability retirement allowance
27   who has not yet attained the age of fifty-five years
28   to undergo a medical examination as arranged by the
29   medical board.  The examination shall be made by the
30   medical board or by an additional physician or
31   physicians designated by the board.  If any member
32   receiving an in-service or ordinary disability
33   retirement allowance who has not attained the age of
34   fifty-five years refuses to submit to the medical
35   examination, the allowance may be discontinued until
36   the member's withdrawal of the refusal, and should the
37   member's refusal continue for one year, all rights in
38   and to the member's disability retirement allowance
39   shall be revoked by the department.
40     b.  If a member is determined under paragraph "a"
41   to be no longer eligible for in-service or ordinary
42   disability benefits, all benefits paid under this
43   section shall cease.  The member shall be eligible to
44   receive benefits calculated under section 97B.49B or
45   97B.49C, as applicable, when the member reaches age
46   fifty-five.
47     6.  REEMPLOYMENT.
48     a.  If a member receiving a disability retirement
49   allowance is returned to covered employment, the
50   member's disability retirement allowance shall cease,

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 1   the member shall again become an active member, and

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