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1998 Ordinances
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1998 Ordinances
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2/6/2009 3:39:43 PM
Creation date
6/8/2001 5:14:46 PM
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Ord/Resolutions
Year
1998
Ord/Resolutions - Type
Ordinances
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Sec. 30-118. Ordinary disability retirement. <br /> <br /> (a) Any member, in service or within ninety days after termination of service, who <br />has five (5) or more years of creditable service may, at any time on or after July 1, 1973, and <br />before his normal retirement date, retire on account of disability not compensable under the <br />Virginia Workers' Compensation Act upon written notification to the board made by the member <br />or his employer, setting forth at which time the retirement is to become effective; provided, that <br />such effective date shall be after the last day of service but shall not be more than ninety (90) <br />days prior to the date of such notification; and provided further, the examiner, after a medical <br />examination of such member, shall certify: <br /> (1) That such member is, and has been continuously since such effective date, if prior <br /> to the filing of such notice, mentally or physically incapacitated for the further <br /> performance of duty. i <br /> (2) That such incapacity is likely to be permanent. <br /> (3) That such member should be retired. <br /> (4) That such member, at the time of his employment by the city, was not eligible for <br /> or receiving retirement allowance or pension by reason of disability from any <br /> other employer. <br /> <br /> (b) For good cause shown, the board may waive the ninety-day period set forth in <br />subsection (a) relating to the period following the termination of service. For purposes of this <br />section, good cause shall exist and the board shall waive such notification period if (i) the <br />member would otherwise qualify for disability retirement but for failing to comply with the <br />requirements of subsection (a), and (ii) the medical examiner, acting solely in his own discretion <br />after reviewing objective medical evidence of the disability and its cause, certifies that (a) the <br />disability and its cause existed on the date the member's employment was terminated. (b) the <br />member had no knowledge of the existence of the disability and its cause at any time within <br />ninety days after the date the member's employment was terminated, and (c) the member could <br />not, with reasonable inquiry, have ascertained the existence of the disability within ninety days <br />after the date the member's employment was terminated. <br /> <br />Sec. 30-120. Service-connected disability retirement. <br /> <br /> (a) Any member, in service or within ninety days after termination of service, may. at <br />any time before his normal retirement date. retire on account of disability compensable under the <br />Virginia Workers' Compensation Act upon written notification to the board, made by the <br />member or his employer, setting forth at what time the retirement is to become effective; <br />provided, that such effective date shall be after the last day of service and after the date the award <br />of compensation under that act becomes final, but shall not be more than ninety (90) days prior to <br />the date of such notification; and provided further, the examiner, after a medical examination of <br />such member, shall certify: <br /> (1) That such member is, and has been continuously since such effective date, if prior <br /> to the filing of such notice, mentally or physically incapacitated for the further <br /> performance of duty. <br /> <br /> <br />
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