Montana Code Annotated 2009

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     19-17-409. Cancellation and reinstatement of disability benefits. (1) The board may cancel a member's disability benefit if:
     (a) the board determines, as provided in 19-17-408, that the member is no longer disabled;
     (b) the member refuses to submit to a medical examination under 19-17-408; or
     (c) the member engages in a gainful occupation during the previous year and earns compensation exceeding $5,500.
     (2) The cancellation of a disability benefit under this section does not prejudice any right of a member to other pension benefits payable under the Volunteer Firefighters' Compensation Act.
     (3) If the member's earnings in any year after the cancellation of disability benefits under subsection (1)(c) are less than $5,500, the disability benefit must be reinstated.

     History: En. Sec. 3, Ch. 177, L. 1981; Sec. 19-12-409, MCA 1991; redes. 19-17-409 by Code Commissioner, 1993; amd. Sec. 17, Ch. 175, L. 1995.

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