| | | B. After the disability has continued for 5 years, the | disability of the beneficiary must render him | | 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 | | 18407. |
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| | | (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 18503, to determine the disability of the | | beneficiary. |
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| | | (2) If the beneficiary refuses to submit to the | examination or tests under subparagraph (1), his | beneficiary's disability retirement benefit shall be | discontinued until he | | refusal. |
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| | | (3) If the beneficiary's refusal under subparagraph (2) | continues for one year, all his | rights to any further benefits under this article shall | | cease. |
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| | | (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 | beneficiary's disability retirement benefit shall | cease; and |
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| | | Sec. 4. 5 MRSA §18529, sub-§2, ¶B, as amended by PL 1995, c. 643, §27, | | is further amended to read: |
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| | | B. The executive director may require, once each year, that | | the person undergo examinations or tests, conducted in | | accordance with section 18526, 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 | | regarding rehabilitation in accordance with section 17106, | | subsection 3, paragraph E. |
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| | | (1) After the disability has continued for 2 years, the | | disability must render the person unable to engage in any | | substantially gainful activity that is |
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