Page:United States Statutes at Large Volume 46 Part 1.djvu/1516

 SE VENT Y-FIR ST C ONGRESS. SEss. III. CH. 375. 1931 . 1473 and efficient service in the grade or class of position occupied b the Disability by reason y of willful misconduct_ employee, by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on the part of the employee, shall upon his own application or upon request or order of the Governor of the Panama Canal, be retired on an annuity computed in accordance with the provisions of section 6 hereof. No claim shall be allowed under the provisions of this section a Tia for executing unless the application for retirement shall have been executed prior to the appl icant's s eparatio n from t he servi ce or wit hin six months thereafter. No employee shall be retired under the provisions of Medical examination . thi s sectio n unless he or sh e shall have bee n examine d by a m edical officer of the United States, or a duly qualified physician or surgeon or board of physicians or surgeons, designated by the Commissioner of Pensions for that purpose, and found to be disabled in the degree and in the manner specified herein. Every annuitant retired under the provisions of this section unless Annual examinations y 7 thereafter, unless disa- the disability for which he was retired be permanent in character, bility permanent. shall at the expiration of one year from the date of such retirement and annually thereafter, until reaching retirement age as defined in section 2 hereof, be examined under the direction of the Commissioner of Pensions by a medical officer of the United States, or a duly qualified physician or surgeon, or board of physicians or surgeons designated by the Commissioner of Pensions for that purpose, in order to determine the nature and degree of the annuitant's disability, if any. If an annuitant shall recover before Te mpo rary pa ymen t 3'f of annuity upon re- reaching the age at which he would otherwise have become eligible covery. for retirement and be restored to an earning capacity which would permit him to be appointed to some appropriate position fairly comparable in compensation to the position occupied at the time of retirement, payment of the annuity shall be continued temporarily to afford the annuitant opportunity to seek such available position, but not in any case exceeding ninety days from the date of the medical examination showing such recovery. If the annuitant shall fail to obtain reemployment through no thereafter, failing re- fault of his own within the ninety-d ay period in any position e mplo yme nt. included in the provisions of this Act, he shall be considered as involuntarily separated from the service as of the date he shall Post, p. 1474. have been re tired for disability, and if other wise eligible, entitled to an annuity under section 5 of this Act to begin at the close of said ninety-day period based on the service rendered prior to his retire- ment for disability. Degree of disability The Commissioner of Pensions may order or direct at any time to be ascertained. such medical or other examination as he shall deem necessary to determine the facts relative to the nature and degree of disability An nui ty p aym ents of any employee retired on an annuity under this section. Should suspended on failure to an annuitant fail to appear for any examination required under be examined. this section, payment of the annuity shall be suspended until the requirement shall have been met. Discontinued annui- In all cases where the annuity is discontinued under the provi- ties. sions of this section before the annuitant has received a sum equal Post, p. 1477. to the amount credited to his individual account as provided in sec- Difference be twe en tion 11 (a) hereof, together with interest at 4 per centum per annum contributions and compounded on June 30 of each year, the difference, unless he shall amount paid, to be re- become reemployed in a position within the purview of this Act, shall be paid to the retired employee, as provided in section 11 (b) hereof, upon application therefor in such form and manner as the U pon ree ent, Commissioner of Pensions may direct. In case of reemployment amount refunded to be in a posit ion withi n the pu rview of this Ac t the am ount so r efunded redeposited. sh all be r edeposite d as pro vided in section 11 (b) hereof. Post, p. 1478. 5789.1'-31-93

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