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1975, and after the completion of five (5) years of creditable service; or <br /> (4) Membership began after June 30, 1977, and termination occurred after the <br /> completion of ten (10) years of creditable service; or <br /> (5) Membership began after June 30, 1991, and termination occurred after the <br /> completion of five (5) years of creditable service. <br />Provided, however, that no such member shall be entitled to the benefits of this subsection (c) if <br />his supervisor certifies that his service was terminated because of dishonesty, malfeasance or <br />misfeasance in office. Such certification may be appealed to the board, and its decision shall be <br />final. <br /> <br /> (d) 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 (Ic) 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. 30-238. 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 before his normal retirement <br />date, retire on account of disability not compensable under the Virginia Workers' Compensation <br />Act upon written notification to the board made by the member or his appointing authority, <br />setting forth at which time the retirement is to become effective; provided, that such effective <br />date shall be after the last day of service but shall not be more than ninety (90) days prior to the <br />date of such notification; and provided further, the examiner, after a medical examination of such <br />member, shall certify: <br /> (1) That such member is or has been continuously since such effective date, if prior to <br /> the filing of such notice, mentally or physically incapacitated for the further <br /> performance of duty. <br /> (2) That such incapacity is likely to be permanent. <br /> (3) That such member should be retired. <br /> <br /> (b) For good cause shown, the board may waive the ninety-day period set forth in subsection <br />(a) relating to the period following the termination of service. For purposes of this section, good <br />cause shall exist and the board shall waive such notification period if (i) the member would <br />otherwise qualify for disability retirement but for failing to comply with the requirements of <br />subsection (a), and (ii) the medical examiner, acting solely in his own discretion after reviewing <br />objective medical evidence of the disability and its cause, certifies that (a) the disability and its <br /> <br /> <br />