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AN ORDINANCE TO AMEND CHAPTER 30 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988), BY AMENDING SECTION 30-151 THEREOF, PERTAINING TO THE PORTSMOUTH FIRE AND POLICE RETIREMENT SYSTEM. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 30-151 of the Code of the City of PortsmoUth, Virginia (1988), be amended and reordained to define "employee" as follows: Section 30-151. Definitions. Employee. The word "employee" means every firefighter or police officer regularly employed in the police and fire departments of the City on a full-time permanent basis. The City Manager, having the authority to appoint, discipline and remove firefighters and policemen pursuant to the City Charter, and who was appointed prior to July 26, 1994 shall be deemed to be an employee as defined herein. A member of a local retirement system who, through election to a position as a constitutional officer, is no longer eligible for membership in the local system, and who, prior to such election has accumulated within that system more than half the total service credits necessary to become eligible for full normal retirement benefits, with the concurrence of the City Council, may also be deemed an employee as defined herein, in accordance with Section 51.1-132 of the Code of Virginia, 1950, as amended. The word "employee" shall not include any person who is eligible for membership in the Virginia Retirement System, except as permitted by Section 51.1-132 of the Code of Virginia, 1950, as amended, or the Portsmouth Supplemental Retirement System or who enters into an agreement with the City for inclusion in a deferred compensation retirement plan, which agreement specifically prohibits inclusion in other retirement systems established by the City. 2. That this ordinance shall take effect on the date of its adoption. Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on July 26, 1994. Teste: City Clerk