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cause existed on the date the member's employment was terminated, (b) the member had no knowledge of the existence of the disability and its cause at any time within ninety days after the date the member's employment was terminated, and (c) the member could not, with reasonable inquiry, have ascertained the existence of the disability within ninety days after the date the member's employment was terminated. Sec. 30-240. Service-connected disability retirement. (a) Any member, in service or within ninety days after termination of service, may retire on account of disability compensable under the Virginia Workers' Compensation Act upon written notification to the board, made by the member or his employer, setting forth at what time the retirement is to become effective; provided, that such effective date shall be after the last day of service and after the date the award of compensation under that Act becomes final, but shall not be more than ninety (90) days prior to the date of such notification; and provided further, the examiner, after a medical examination of such member, shall certify: (1) That such member is, and has been continuously since such effective date, if prior to the filing of such notice, mentally or physically incapacitated for the further performance of duty. (2) That such incapacity is likely to be permanent. (3) That such member should be retired. (b) For good cause shown, the board may waive the ninety-day period set forth in subsection (a) relating to the period following the termination of service. For purposes of this section, good cause shall exist and the board shall waive such notification period if (i) the member would otherwise qualify for disability retirement but for failing to comply with the requirements of subsection (a), and (ii) the medical examiner, acting solely in his own discretion after reviewing objective medical evidence of the disability and its cause, certifies thru (a) the disability and its cause existed on the date the member's employment was terminated, (b) the member had no knowledge of the existence of the disability and its cause at any time within ninety days after the date the member's employment was terminated, and (c) the member could not, with reasonable inquiry, have ascertained the existence of the disability within ninety days after the date the member's employment was terminated. 3. That this ordinance shall be deemed to have taken effect on July 1, 1998. Adopted by the Council of the City of Portsmouth, Virginia. at a meeting held on September 8, 1998. Teste: City Clerk