16Return to duty of discharged member in receipt of allowance

#### 16 Return to duty of discharged member in receipt of allowance 16 Return to duty of discharged member in receipt of allowance > > (1) Notwithstanding the payment of any superannuation allowance or gratuity under this Act, STC may at any time require a former member of the police force who was discharged because of incapacity and who is in receipt of a superannuation allowance under section 7 or 10 to submit to a medical examination by 2 members of the Police Medical Board or other nominated medical practitioner or practitioners. > > > (2) If STC is satisfied, having regard to the advice of the persons who conducted the medical examination on the condition and fitness for employment of the former member, that the incapacity of the former member of the police force has ceased (or no longer precludes the former member from serving again in the police force in some position in which it would be reasonable for the former member to serve) STC may, with the approval of the Commissioner of Police— > > > > > (a) cancel or suspend the superannuation allowance of the former member, and > > > > > (b) require the former member to serve again in the police force. > > > (3) Unless the former member of the police force voluntarily agrees to serve again in the police force, the rank in which the former member is required to serve shall not be lower than the rank held by the former member before his or her discharge. > > > (4) If the former member of the police force refuses to submit to a medical examination under this section or to serve again in the police force, STC may cancel the superannuation allowance being paid to the former member. > > **s 16:** Ins 1935 No 13, sec 6 (a). Am 1974 No 46, sec 9 (m); 1984 No 73, Sch 1 (24). Subst 1987 No 220, Sch 4 (4). Am 1996 No 39, Sch 4.