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1984 Ordinances
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1984 Ordinances
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Last modified
2/6/2009 3:42:35 PM
Creation date
6/21/2001 4:58:30 PM
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Ord/Resolutions
Year
1984
Ord/Resolutions - Type
Ordinances
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(3) The n~m~r of ye~D of creditableservioe the member <br />woutdh~¥e completed at aga flfty-five~(55) if he ha~ re~ained <br />an service as an employee until then; if the member is over <br />age fifty-five (55) "disability credited service" shall be <br />equal to the me~er's actual creditable service; <br /> <br /> (4) Twenty-five (25) years; if ~he member's actual <br />creditable service is greater than twenty-five (25) years, <br />"disability credited service" shall be equal to the member's <br />actual creditable service. <br /> <br /> (c) The foregoing provisions to the contrary notwithstanding, <br />if a member's retirement allowance is payable under one of the <br />options of Section 31-274, the amount and duration thereof <br />shall be determined in accordance with the provisions of the <br />applicable option. <br /> <br /> (d) The foregoing provisions to the contrary notwithstanding, <br />any person whose membership began on or after his sixtieth (60th) <br />birthday, shall not be eligible for or receive a disability <br />retirement allowance as ~rovided for herein. <br /> <br />Section 31-266. Service connected disability retirement. <br /> <br /> Any member in service may, at any time before his normal <br />retirement date, retire on account of disability compensable <br />under the Virginia Workmen's Compensation Act ~pon written <br />notification to the board, made by the member or his em- <br />ployer, se%ting forth at wha~ time the retirement is to become <br />effective; provided, that such effective date shall be after <br />the las~ day of~ s~rv-ice and after the date the award of compensation <br />under that act beco~s final, but shall not he more than <br />ninety {90) days prior ~o the date of such notification; and <br />provided further, the examiner, after a medical examination <br />of such member, shall certify: <br /> <br /> (t) That such member is, and has been continuously since <br />such effective ~ate, if prior to the filing of such notice, <br />mentally or physically incapacitated for the further performance <br />of duty. <br /> <br />(2) That s~ch incapacity is likely to be permanent. <br /> <br />(3) That such member should be retired. <br /> <br /> (4) That such member, at the time of his employment by <br />the City of Portsmouth, was not eligible for or receiving <br />retiremen~ allowa~e or pension by reason of disability from <br />any other employer. <br /> <br />22 <br /> <br /> <br />
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