19-20-904. Adjustment of allowance. (1) If a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the beneficiary's retirement allowance and the beneficiary's average final compensation or the difference between the median salary of those members retired during the preceding fiscal year and the beneficiary's retirement allowance, whichever is greater, the retirement allowance must be reduced to an amount that, together with the amount earnable by the beneficiary, is equal to the beneficiary's average final compensation or the median salary of those members retired during the preceding fiscal year, whichever is greater.
     (2) If the beneficiary's earning capacity is changed later, the beneficiary's retirement allowance may be further modified, but the new allowance may not exceed the retirement allowance originally granted or an amount that, when added to the amount earnable by the beneficiary, equals the beneficiary's average final compensation.
     (3) The board may, in its discretion, require a recipient of a disability retirement allowance to annually submit an earning statement and any documentation necessary to support the earnings of the recipient.
     (4) A beneficiary restored to active service at a salary less than the average final compensation upon the basis of which the beneficiary was retired may not become a member of the retirement system while receiving a reduced benefit.

     History: En. 75-6208 by Sec. 103, Ch. 5, L. 1971; amd. Sec. 2, Ch. 57, L. 1971; amd. Sec. 2, Ch. 422, L. 1971; amd. Sec. 4, Ch. 507, L. 1973; amd. Sec. 3, Ch. 26, L. 1975; amd. Sec. 5, Ch. 127, L. 1977; amd. Sec. 5, Ch. 331, L. 1977; amd. Sec. 1, Ch. 443, L. 1977; R.C.M. 1947, 75-6208(4)(c); amd. Sec. 1, Ch. 197, L. 1983; amd. Sec. 3, Ch. 24, L. 1987; Sec. 19-4-904, MCA 1991; redes. 19-20-904 by Code Commissioner, 1993; amd. Sec. 7, Ch. 111, L. 1995.