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AN ORDINANCE TO AMEND CHAPTER 30 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 30-128(d) AND <br />30-247(d) THEREOF PERTAINING TO THE REVOCATION OF THE JOINT <br />AND LAST SURVIVOR OPTION UNDER THE PORTSMOUTH <br />SUPPLEMENTAL RETIREMENT SYSTEM AND THE PORTSMOUTH FIRE <br />AND POLICE RETIREMENT SYSTEM. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br /> <br /> 1. That Sections 30-128(d) and 30-247(d) of the Code of the City of <br />Portsmouth, Virginia, be amended and reordained to read as follows: <br /> <br />Sec. 30-128. Optional benefits. <br /> <br /> (d) A retired member who has elected or has been provided a joint and last <br />survivor option, may by written notification to the board, elect a different spousal <br />recipient or revoke the joint and last survivor option if the following occurs: (1) the <br />original spousal recipient has died; or (2) a final decree of divorce of the retired member <br />from the original spousal recipient has been entered permitting the revocation of the joint <br />and last survivor option; (3) evidence satisfactory to the board of the good health of the <br />retired member is submitted with the notification; and (4) the notification to the board of <br />the change in election occurs within ninety (90) days of the occurrence of (l) or (2) or <br />within ninety (90) days after remarriage. Except as provided above, if the provisions of <br />this subsection are invoked by a retired member on the basis of the member having been <br />divorced from his former spousal recipient and the marriage had been of a duration of <br />twenty (20) years or more, the provisions of this subsection shall not be applicable until <br />the death or remarriage of the former spouse unless such spouse consents in writing to the <br />revocation. <br /> <br />Sec. 30-247. Optional benefits. <br /> <br /> (d) A retired member who has elected or has been provided a joint and last <br />survivor option, may by written notification to the board, elect a different spousal <br />recipient or revoke the joint and last survivor option if the following occurs: (I) the <br />original spousal recipient has died; or (2) a final decree of divorce of the retired member <br />from the original spousal recipient has been entered permitting the revocation of the joint <br />and last survivor option; (3) evidence satisfactory to the board of the good health of the <br />retired member is submitted with the notification; and (4) the notification to the board of <br />the change in election occurs within ninety (90) days of the occurrence of one (1) or two <br />(2) or within ninety (90) days after remarriage. Except as provided above, if the <br />provisions of this subsection are invoked by a retired member on the basis of the member <br />having been divorced from his former spousal recipient and the marriage had been of a <br />duration of twenty (20) years or more, the provisions of this subsection shall not be <br />applicable until the death or remarriage of the former spouse unless such spouse consents <br />in writing to the revocation. If such an election is made as a result of the death or divorce <br /> <br /> <br />