reglab/housing_qa huggingface dataset:
MT Code § 19-7-203 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 2. Administration (Repealed and Terminated)|19-7-203. Terminated

  19-7-203. Terminated. Sec. 7, Ch. 328, L. 1987.   History: En. Sec. 3, Ch. 328, L. 1987.
MT Code § 19-7-302 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-302. Ineligibility for membership in public employees' retirement system

  19-7-302. Ineligibility for membership in public employees' retirement system. (1) After July 1, 1974, a sheriff may not become a member of the public employees' retirement system and the provisions of The Public Employees' Retirement System Act do not apply to sheriffs.   (2) After July 1, 1993, an investigator is not eligible to become a member of the public employees' retirement system and the provisions of The Public Employees' Retirement System Act do not apply to investigators, except as provided in 19-7-301.   (3) After July 1, 2005, a detention officer is not eligible to become a member of the public employees' retirement system and the provisions of The Public Employees' Retirement System Act do not apply to detention officers, except as provided in 19-7-301.   (4) This chapter may not be construed to deny any sheriff, investigator, or detention officer any benefits accrued under provisions of the public employees' retirement system prior to membership in this retirement system.   History: En. 68-2628 by Sec. 28, Ch. 178, L. 1974; amd. Sec. 12, Ch. 59, L. 1977; R.C.M. 1947, 68-2628; amd. Sec. 4, Ch. 261, L. 1993; amd. Sec. 136, Ch. 265, L. 1993; amd. Sec. 3, Ch. 259, L. 2005; amd. Sec. 30, Ch. 99, L. 2011.
MT Code § 19-7-303 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-303. Repealed

  19-7-303. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2622 by Sec. 22, Ch. 178, L. 1974; amd. Sec. 9, Ch. 59, L. 1977; R.C.M. 1947, 68-2622.
MT Code § 19-7-304 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-304. Repealed

  19-7-304. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2615 by Sec. 15, Ch. 178, L. 1974; R.C.M. 1947, 68-2615(1); amd. Sec. 3, Ch. 50, L. 1991.
MT Code § 19-7-305 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-305. Repealed

  19-7-305. Repealed. Sec. 7, Ch. 50, L. 1991.   History: En. 68-2615 by Sec. 15, Ch. 178, L. 1974; R.C.M. 1947, 68-2615(2).
MT Code § 19-7-306 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-306. Repealed

  19-7-306. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2616 by Sec. 16, Ch. 178, L. 1974; amd. Sec. 6, Ch. 59, L. 1977; R.C.M. 1947, 68-2616; amd. Sec. 3, Ch. 103, L. 1987.
MT Code § 19-7-307 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-307. Repealed

  19-7-307. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2619 by Sec. 19, Ch. 178, L. 1974; amd. Sec. 19, Ch. 332, L. 1977; R.C.M. 1947, 68-2619(part).
MT Code § 19-7-308 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-308. Renumbered 19-7-801

  19-7-308. Renumbered 19-7-801. Code Commissioner 1993.
MT Code § 19-7-309 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-309. Renumbered 19-7-802

  19-7-309. Renumbered 19-7-802. Code Commissioner 1993.
MT Code § 19-7-310 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-310. Renumbered 19-7-803

  19-7-310. Renumbered 19-7-803. Code Commissioner 1993.
MT Code § 19-7-311 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-311. Renumbered 19-7-804

  19-7-311. Renumbered 19-7-804. Code Commissioner 1993.
MT Code § 19-7-312 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 3. Eligibility, Membership, and Vesting|19-7-312. Transfer of membership -- purchase of previous service

  19-7-312. Transfer of membership -- purchase of previous service. A person who elects to become a member of the sheriffs' retirement system pursuant to 19-7-301 may transfer the member's previous service credit in the public employees' retirement system or in another system provided for in chapter 5, 6, 8, 9, or 13 of this title into the sheriffs' retirement system by paying the actuarial cost required under the provisions of 19-2-715.   History: En. Sec. 1, Ch. 261, L. 1993; amd. Sec. 72, Ch. 429, L. 2003; amd. Sec. 19, Ch. 128, L. 2007.
MT Code § 19-7-401 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-401. Repealed

  19-7-401. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2605 by Sec. 5, Ch. 178, L. 1974; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-2605(part).
MT Code § 19-7-402 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-402. Sources of money in fund

  19-7-402. Sources of money in fund. The following money must be paid to the board, which shall credit the payments to the pension trust fund:   (1) all contributions by the various counties as required by this chapter;   (2) all contributions by members as required by this chapter;   (3) all interest on and increase of the investments and money under this chapter; and   (4) any supplemental appropriation or revenue from a source or sources approved by the legislature or money received directly from the federal government for funding of law enforcement retirement systems.   History: En. 68-2606 by Sec. 6, Ch. 178, L. 1974; R.C.M. 1947, 68-2606; amd. Sec. 137, Ch. 265, L. 1993; amd. Sec. 57, Ch. 562, L. 1999.
MT Code § 19-7-403 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-403. Member's contributions deducted

  19-7-403. Member's contributions deducted. (1) (a) Subject to subsection (1)(b), each member's contribution is 10.495% of the member's compensation.   (b) The member's contribution required under subsection (1) must be reduced to 9.245% on July 1 following the board's receipt of the system's actuarial valuation if:   (i) the actuarial valuation determines that the period required to amortize the system's unfunded liabilities, including adjustments that become effective after the valuation, is less than 25 years; and   (ii) reducing the member contributions and terminating the additional employer contributions pursuant to 19-7-404(4)(b) would not cause the system's amortization period as of the most recent actuarial valuation to exceed 25 years.   (2) Each employer, pursuant to section 414(h)(2) of the federal Internal Revenue Code of 1954, as amended and applicable on July 1, 1985, shall pick up and pay the contributions that would be payable by the member under subsection (1) for service rendered after June 30, 1985.   (3) The member's contributions picked up by the employer must be designated for all purposes of the retirement system as the member's contributions, except for the determination of a tax upon a distribution from the retirement system. These contributions must become part of the member's accumulated contributions but must be accounted for separately from those previously accumulated.   (4) The member's contributions picked up by the employer must be payable from the same source as is used to pay compensation to the member and must be included in the member's wages, as defined in 19-1-102, and salary as used to define the member's highest average compensation in 19-7-101. The employer shall deduct from the member's compensation an amount equal to the amount of the member's contributions picked up by the employer and remit the total of the contributions to the board.   History: En. 68-2608 by Sec. 8, Ch. 178, L. 1974; R.C.M. 1947, 68-2608(part); amd. Sec. 12, Ch. 464, L. 1985; amd. Sec. 138, Ch. 265, L. 1993; amd. Sec. 1, Ch. 162, L. 1995; amd. Sec. 2, Ch. 248, L. 1997; amd. Sec. 72, Ch. 99, L. 2001; amd. Sec. 47, Ch. 329, L. 2005; amd. Sec. 2, Ch. 328, L. 2017.
MT Code § 19-7-404 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-404. Employer contributions

  19-7-404. Employer contributions. (1) Each employer shall pay 9.535% of the compensation paid to all of the employer's employees plus any additional contribution under subsection (3), except for those employees properly excluded from membership.   (2) (a) If the required contributions under subsections (1) and (3)(a) exceed the funds available to a county from general revenue sources, a county may, subject to 15-10-420, budget, levy, and collect annually a tax on the taxable value of all taxable property within the county that is sufficient to raise the amount of revenue needed to meet the county's obligation.   (b) (i) A county may impose a mill levy to fund the employer contribution required under subsection (3)(b). The mill levy is not subject to 15-10-420(1) or to approval at an election under 15-10-425.   (ii) Each year prior to implementing a levy under subsection (2)(b)(i), after notice of the hearing given under 7-1-2121, a public hearing must be held regarding any proposed increase.   (iii) If a levy pursuant to this subsection (2)(b) is decreased or ceases to be levied, the revenue may not be combined with the revenue determined in 15-10-420(1)(a).   (3) Subject to subsection (4), each employer shall contribute to the system additional employer contributions equal to:   (a) 0.58% of the compensation paid to all of the employer's employees, except for those employees properly excluded from membership; and   (b) 3% of the compensation paid to all of the employer's employees, except for those employees properly excluded from membership.   (4) (a) The board shall periodically review the additional employer contributions provided for under subsection (3) and recommend adjustments to the legislature as needed to maintain the amortization schedule set by the board for payment of the system's unfunded liabilities.   (b) The employer contributions required under subsection (3) terminate on July 1 following the board's receipt of the system's actuarial valuation if:   (i) the actuarial valuation determines that the period required to amortize the system's unfunded liabilities, including adjustments made for any benefit enhancements that become effective after the valuation, is less than 25 years; and   (ii) terminating the additional employer contributions and reducing the member contributions pursuant to 19-7-403(1)(b) would not cause the amortization period to exceed 25 years.   History: En. 68-2609 by Sec. 9, Ch. 178, L. 1974; R.C.M. 1947, 68-2609(part); amd. Sec. 15, Ch. 549, L. 1981; amd. Sec. 2, Ch. 393, L. 1985; amd. Sec. 5, Ch. 261, L. 1993; amd. Sec. 139, Ch. 265, L. 1993; amd. Sec. 2, Ch. 162, L. 1995; amd. Sec. 3, Ch. 248, L. 1997; amd. Sec. 109, Ch. 574, L. 2001; amd. Sec. 48, Ch. 329, L. 2005; amd. Sec. 5, Ch. 371, L. 2007; amd. Sec. 24, Ch. 283, L. 2009; amd. Sec. 3, Ch. 328, L. 2017.
MT Code § 19-7-405 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-405. Repealed

  19-7-405. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2605 by Sec. 5, Ch. 178, L. 1974; amd. Sec. 4, Ch. 132, L. 1977; R.C.M. 1947, 68-2605(part); amd. Sec. 63, Ch. 370, L. 1987; amd. Sec. 3, Ch. 221, L. 1991.
MT Code § 19-7-406 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-406. Repealed

  19-7-406. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2604 by Sec. 4, Ch. 178, L. 1974; amd. Sec. 2, Ch. 59, L. 1977; amd. Sec. 18, Ch. 332, L. 1977; R.C.M. 1947, 68-2604(2).
MT Code § 19-7-407 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-407. Repealed

  19-7-407. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2627 by Sec. 27, Ch. 178, L. 1974; amd. Sec. 11, Ch. 59, L. 1977; R.C.M. 1947, 68-2627.
MT Code § 19-7-408 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-408. Repealed

  19-7-408. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2604 by Sec. 4, Ch. 178, L. 1974; amd. Sec. 2, Ch. 59, L. 1977; amd. Sec. 18, Ch. 332, L. 1977; R.C.M. 1947, 68-2604(3).
MT Code § 19-7-409 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-409. Repealed

  19-7-409. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. Sec. 3, Ch. 138, L. 1991.
MT Code § 19-7-410 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 4. Contributions and Refunds|19-7-410. Contributions based on total compensation when member receives disability compensation

  19-7-410. Contributions based on total compensation when member receives disability compensation. When a member receives compensation from both the member's employer and the workers' compensation program, the member's compensation reported by the employer is the same as if the member was in active service, and the member and employer contributions required by this chapter must be calculated and paid on that total compensation.   History: En. Sec. 3, Ch. 271, L. 2005; amd. Sec. 19, Ch. 248, L. 2015.
MT Code § 19-7-501 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 5. Service Retirement Benefits|19-7-501. Eligibility for service retirement

  19-7-501. Eligibility for service retirement. (1) Subject to a member's right to a refund of the member's accumulated contributions under Title 19, chapter 2, part 6, a member who has completed at least 20 years of membership service is eligible for a nonforfeitable service retirement benefit under 19-7-503.   (2) For purposes of compliance with section 411 of the Internal Revenue Code, 26 U.S.C. 411, a vested member who has attained the later of age 50 or the completion of 20 years of membership service has attained normal retirement age and has a nonforfeitable right to the member's service retirement.   History: En. 68-2610 by Sec. 10, Ch. 178, L. 1974; amd. Sec. 4, Ch. 59, L. 1977; R.C.M. 1947, 68-2610; amd. Sec. 3, Ch. 53, L. 1983; amd. Sec. 2, Ch. 86, L. 1985; amd. Sec. 1, Ch. 122, L. 1989; amd. Sec. 10, Ch. 196, L. 1989; amd. Sec. 144, Ch. 265, L. 1993; amd. Sec. 3, Ch. 162, L. 1995; amd. Sec. 25, Ch. 370, L. 1997; amd. Sec. 73, Ch. 99, L. 2001; amd. Sec. 9, Ch. 240, L. 2013.
MT Code § 19-7-502 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 5. Service Retirement Benefits|19-7-502. Retirement option

  19-7-502. Retirement option. A member with at least 5 but less than 20 years of membership service may retire with a retirement benefit commencing no sooner than the first day of the month following the member's 50th birthday. The retirement benefit must be calculated to be the actuarial equivalent of the member's service retirement benefit as otherwise accrued, based upon payment commencing when the member would have completed 20 years of membership service or reached age 60, whichever event would have occurred first.   History: En. 68-2611 by Sec. 11, Ch. 178, L. 1974; R.C.M. 1947, 68-2611; amd. Sec. 9, Ch. 114, L. 1979; amd. Sec. 1, Ch. 105, L. 1981; amd. Sec. 2, Ch. 122, L. 1989; amd. Sec. 145, Ch. 265, L. 1993; amd. Sec. 4, Ch. 162, L. 1995; amd. Sec. 4, Ch. 248, L. 1997; amd. Sec. 73, Ch. 429, L. 2003.
MT Code § 19-7-503 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 5. Service Retirement Benefits|19-7-503. Service retirement benefit

  19-7-503. Service retirement benefit. (1) The amount of any service retirement benefit granted to a member is 2.5% of the member's highest average compensation for each year of service credit.   (2) When a retired member receiving an option 1 retirement benefit under 19-7-1001 dies, the member's designated beneficiary or, if there is no surviving designated beneficiary, the member's estate must be paid the amount, if any, of the member's accumulated contributions calculated as of the day of the member's retirement minus the total of any retirement benefits already paid from the member's account.   (3) If a retired member who elected an option 2 or 3 benefit under 19-7-1001 dies with no surviving contingent annuitant, the member's designated beneficiary or, if there is no surviving designated beneficiary, the member's estate must be paid the amount, if any, of the member's accumulated contributions calculated as of the day of the member's retirement minus the total of any retirement benefits already paid from the member's account.   (4) This section does not apply if the member was receiving a disability benefit. The member's accumulated contributions may not be reduced by the disability benefits already paid unless the disability benefit was converted to a service retirement benefit pursuant to 19-2-406(5).   History: En. 68-2608, 68-2612 by Secs. 8, 12, Ch. 178, L. 1974; R.C.M. 1947, 68-2608(part), 68-2612; amd. Sec. 10, Ch. 114, L. 1979; amd. Sec. 3, Ch. 401, L. 1985; amd. Sec. 1, Ch. 78, L. 1991; amd. Sec. 146, Ch. 265, L. 1993; amd. Sec. 5, Ch. 162, L. 1995; amd. Sec. 5, Ch. 248, L. 1997; amd. Sec. 58, Ch. 562, L. 1999; amd. Sec. 74, Ch. 99, L. 2001; amd. Sec. 22, Ch. 178, L. 2013; amd. Sec. 20, Ch. 248, L. 2015.
MT Code § 19-7-504 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 5. Service Retirement Benefits|19-7-504. Repealed

  19-7-504. Repealed. Sec. 8, Ch. 248, L. 1997.   History: En. 68-2614 by Sec. 14, Ch. 178, L. 1974; amd. Sec. 5, Ch. 59, L. 1977; R.C.M. 1947, 68-2614; amd. Sec. 2, Ch. 105, L. 1981; amd. Sec. 1, Ch. 116, L. 1991; amd. Sec. 147, Ch. 265, L. 1993; amd. Sec. 6, Ch. 162, L. 1995.
MT Code § 19-7-601 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 6. Disability Retirement Benefits|19-7-601. Disability retirement benefit

  19-7-601. Disability retirement benefit. (1) Except as provided in subsection (2), a vested member who becomes disabled must be granted a disability retirement benefit that is the actuarial equivalent of the service retirement benefit under 19-7-503 standing to the member's credit at the time of the member's disability retirement.   (2) A vested or nonvested member who becomes disabled as a direct result of the member's service in the line of duty:   (a) before completing 20 years of membership service must receive a disability retirement benefit equal to one-half the member's highest average compensation; or   (b) after completing 20 years or more of membership service must receive a disability retirement benefit equal to 2.5% of the member's highest average compensation for each year of service credit.   History: En. 68-2613 by Sec. 13, Ch. 178, L. 1974; R.C.M. 1947, 68-2613; amd. Sec. 148, Ch. 265, L. 1993; amd. Sec. 75, Ch. 99, L. 2001; amd. Sec. 74, Ch. 429, L. 2003; amd. Sec. 23, Ch. 178, L. 2013.
MT Code § 19-7-602 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 6. Disability Retirement Benefits|19-7-602. Repealed

  19-7-602. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. 68-2621 by Sec. 21, Ch. 178, L. 1974; amd. Sec. 8, Ch. 59, L. 1977; R.C.M. 1947, 68-2621; amd. Sec. 11, Ch. 196, L. 1989.
MT Code § 19-7-603 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 6. Disability Retirement Benefits|19-7-603. Repealed

  19-7-603. Repealed. Sec. 4, Ch. 401, L. 1985.   History: En. 68-2617 by Sec. 17, Ch. 178, L. 1974; R.C.M. 1947, 68-2617.
MT Code § 19-7-604 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 6. Disability Retirement Benefits|19-7-604. Renumbered 19-7-901

  19-7-604. Renumbered 19-7-901. Code Commissioner, 1993.
MT Code § 19-7-605 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 6. Disability Retirement Benefits|19-7-605. through 19-7-610 reserved

  19-7-605 through 19-7-610 reserved.
MT Code § 19-7-611 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 6. Disability Retirement Benefits|19-7-611. Repealed

  19-7-611. Repealed. Sec. 236, Ch. 265, L. 1993.   History: En. Sec. 5, Ch. 597, L. 1981.
MT Code § 19-7-612 (2021)
2021 Montana Code Annotated|Title 19. Public Retirement Systems|Chapter 7. Sheriffs' Retirement|Part 6. Disability Retirement Benefits|19-7-612. Medical examination of disability retiree -- cancellation of benefit

  19-7-612. Medical examination of disability retiree -- cancellation of benefit. (1) The board, in its discretion, may require the recipient of a disability retirement benefit to undergo a medical examination. The examination must be made by a board-approved physician or surgeon at a place mutually agreed on by the board, the disabled member, and the physician or surgeon and at the board's expense. Upon the basis of the examination, the board shall determine, by reason of physical or mental capacity, whether the recipient can perform the essential elements of the position held by the recipient when the recipient was retired. If the board determines that the recipient is not incapacitated, the recipient's disability retirement benefit must be canceled when the recipient is offered a position under subsection (2) or when, if a position is available, the recipient cannot be reinstated under subsection (2) for reasons unrelated to the disability. If the recipient refuses to submit to a medical examination, the recipient's disability retirement benefit must be canceled when the recipient is notified of the determination of the board.   (2) (a) Except as provided in subsection (2)(b), a person other than an elected official whose disability retirement benefit is canceled because the person is no longer incapacitated must be reinstated to the position held by the person immediately before the person's retirement or to a position in a comparable pay and benefit category within the person's capacity, whichever is first open. The fact that the person was retired for disability may not prejudice any right to reinstatement to duty that the person may have or claim to have.   (b) This section does not affect any requirement that the former employee meet or be able to meet professional certification and licensing standards unrelated to the disability and necessary for reinstatement.   (3) The public body required to reinstate a person under subsection (2) may request a medical or psychological review as to the ability of the member to return to work as a member of the sheriff's office. If the board's findings are upheld, the public body shall pay the cost of the review.   History: En. Sec. 6, Ch. 597, L. 1981; amd. Sec. 149, Ch. 265, L. 1993; amd. Sec. 18, Ch. 412, L. 1995; amd. Sec. 26, Ch. 370, L. 1997; amd. Sec. 11, Ch. 36, L. 2005; amd. Sec. 25, Ch. 283, L. 2009.