W. Va. Code R. § 162-10-13 - Disability Re-certification

13.1. At least once each year during the first five years following the retirement of a member on account of disability, as provided in this rule, and at least once in each three-year period thereafter, the Board may require a disability retirant, who has not attained age sixty years, to undergo a medical examination to be made by or under the direction of a physician designated by the Board.

13.1.1. If the disability retirant refuses to submit to the medical examination in any period, his or her disability annuity may be discontinued by the Board until his or her withdrawal of the refusal. If the refusal continues for one year, all of his or her rights in and to his or her annuity may be revoked by the Board.

13.1.2. If upon medical examination of a disability retirant, the physician reports to the Board that the retirant is physically able and capable of resuming employment, his or her disability annuity shall terminate: Provided, That the Staff Review Committee, the Board's Review Committee and the full Board concur with the report of the physician.

13.2. A disability retirant who returns to employment as a deputy sheriff shall again become a member of the Deputy Sheriff Retirement System and his or her credited service in force at the time of his or her retirement shall be restored to his or her credit.

Notes

W. Va. Code R. § 162-10-13