New Jersey § 43:16a-8

§ 43:16a-8.

(1) Upon the receipt by the retirement system of a written application for a disability

retirement allowance, the system shall refer the application to the medical board,

which shall designate a physician or physicians to examine the applicant and the report

of the medical board shall be considered by the board of trustees in acting upon such

application. (2) Any beneficiary under the age of 55 years who has been retired on a disability

retirement allowance under this act, on his request shall, or upon the request of

the retirement system may, be given a medical examination and he shall submit to any

examination by a physician or physicians designated by the medical board once a year

for at least a period of five years following his retirement in order to determine

whether or not the disability which existed at the time he was retired has vanished

or has materially diminished. If the report of the medical board shall show that such beneficiary is able to perform

either his former duty or any other available duty in the department which his employer

is willing to assign to him, the beneficiary shall report for duty; such a beneficiary

shall not suffer any loss of benefits while he awaits his restoration to active service. If the beneficiary fails to submit to any such medical examination or fails to return

to duty within 10 days after being ordered so to do, or within such further time as

may be allowed by the board of trustees for valid reason, as the case may be, the

pension shall be discontinued during such default. (3) (Deleted by amendment.) (4) If a disability beneficiary is restored to active service, his retirement allowance

and the right to any death benefit as a result of his former membership, shall be

canceled until he again retires. Such person shall be reenrolled in the retirement system and shall contribute thereto

at a rate based on his age at the time of prior enrollment. Such person shall be treated as an active member for determining disability or death

benefits while in service. Upon subsequent retirement of such member, he shall receive a retirement allowance

based on all his service as a member computed in accordance with applicable provisions

of this act, but the total retirement allowance upon subsequent retirement shall not

be a greater proportion of his average final compensation or final compensation, whichever is applicable, than the proportion to which he would have been entitled had be remained in service

during the period of his prior retirement. Any death benefit to which such member shall be eligible shall be based on his latest

retirement.