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AN ORDINANCE TO A~END THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA, BY ~ENDING SECTIONS 31-77(a) AND 31-162(a) <br />PERTAINING TO REDUCTION OF D~SABILITY RETIREMENT ALLOWANCE. <br /> <br /> BE IT ORDAINED by %he Council of the City of Portsmouth, <br />Virginia: <br /> <br /> I. That Sections <br />the City of ~ortsmouth, <br />follows: <br /> <br />31-77(a) and 31-162(a) of the Code of <br /> Virginia, 1973, be amended to read as <br /> <br />Section 31-77. Reductien of disability retirement allowance. <br /> <br /> (a) %~nenever a member receiving a disability retirement <br />allowance subsequently becomes engaged in gainful occupation, <br />the disability allowance shall be reduced by the ~ount of <br />income received which exceeds the difference between the <br />disability retirement allowance and the amount of wages or <br />salar~~ the member would have been ~ntitled to had his employment <br />progressed in the same rank and grade with credit for the level <br />of seniority he would have attained had he not been disabled. <br />Such reduction in disability retirement allowance shall continue <br />until his no~aal retirement date. <br /> <br />Section 31-162. Reduction of disability retirement allowance. <br /> <br /> (a) ~enever a member receiving a 'disability retirement <br />allowance subsequently becomes engaged in gainful occupation, <br />the disability allowance shall be reduced by the amount of <br />income received which exceeds the difference between the <br />disability retirement allowance and the amount of wages or <br />salary the member would have been entitled to had his employment <br />progressed in ~he same rank and grade with credit for %he level <br />of seniority he would have attained had he not been disabled. <br />Such reduction in disability retirement allowance shall continue <br />until his normal retirement date. For the purposes of this <br />section "income" means gross income received less deductions <br />for social security taxes only. <br /> <br /> Adopted by the Council of the City of Portsmouth, Virginia, <br />at a meeting held September 13, 1983. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />