Sec. 1. 5 MRSA §17907, sub-§2, ¶B, as amended by PL 1987, c. 256, §17, is further amended to read:

B. After the disability has continued for 5 years, the disability of the beneficiary must render him the beneficiary unable to engage in any substantially gainful activity for which the beneficiary is qualified by training, education or experience. For purposes of this paragraph, the ability to engage in substantially gainful activity is demonstrated by the performance of work resulting in annual earnings that exceed $20,000 or 80% of the disability retirement benefit of the recipient's average final compensation at retirement, whichever is greater, adjusted by the same percentage adjustments granted under section 17806.

(1) The executive director may require, once each year, a recipient of a disability retirement benefit to undergo medical examinations or tests, conducted in accordance with section 17903, to determine the disability of the beneficiary.

(2) If the beneficiary refuses to submit to the examination or tests under subparagraph (1), his the beneficiary's disability retirement benefit shall be is discontinued until he the beneficiary withdraws the refusal.

(3) If the beneficiary's refusal under subparagraph (2) continues for one year, all his the beneficiary's rights to any further benefits under this article shall cease.

(4) If it is determined, on the basis of the examination or tests under subparagraph (1), that the disability of a beneficiary no longer exists, the payment of his the beneficiary's disability retirement benefit shall cease ceases;

Sec. 2. 5 MRSA §17929, sub-§2, ¶B, as amended by PL 1995, c. 643, §15, is further amended to read:

B. The executive director may require, once each year, that the person undergo examinations or tests, conducted in accordance with section 17926, to determine the person's disability. The executive director may refer the records documenting the results of the examinations or tests and the person's file to the medical board for medical consultation