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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSR~OUTH, VIRGINIA BY AMENDING SECTION 31-70 THEREOF, PERTAINING TO ORDINARY D~TH BENEFITS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginma that Section 31-70 of the Code of the City of Portsmouth~ Virginia~ be amended to. read as follows: Section 31-70. Ordinary Death Benefits. (a) Should a member~ who had one or more years of creditable service, die in service at any time before retirement from a cause not compensable under the Virginia Workmen's Compensation Act, an additional benefit equal~to Five Thousand Dollars ($5,000.) shall then be payable in a lump sum in accordance with Section 31- 75. (b) Should a member die in service on or after July 1, 1977, who at any time has obtained a number of years of creditable ser- vice required for entitlement to benefits under the vesting pro- visions of Section 31-62~ from a cause not compensable under the Virginia Workmen's Compensation Act~ there shall be paid a retire- ment allowance to the first of ~he following listed ~ersons ~ho shall survive the member and in the priority listed herein: 1. Widow or widower, pension payable during widowhood. 2. Child or children under the age of eighteen years, pension payable to age eighteen for each child. 3. Dependent mother or father. 4. Dependent sister or brother. if there is more than one child~ or more than one dependent parent~ or more than one dependent sister or brother, the pension shall be divided in a manner as the Board may determine. Parents, brothers or sisters must receive more than fifty percent (50%) support from the me~er in order to be considered dependent for the purposes of this pension. Payments %o a child or children under the age of eighteen years shall be made only to a Court- appointed guardian or administrator of hhe estate of the member. Such retirement allowance shall be payable to the first eligible person as stipulated and shall be an allowance, unless sub-section (c) o~ this section is applicable, equal to one-half (1/2) of the retirement allowance that would have been payable to the member had the member retired under the provisions of Section 31-65 on the date of his death after ha~ing elected to have his allowance payable under the joint and last survivor option described in sub-section (a) (1) of Section 31-74. If the me~er ms under the age of fifty-five (55) a% the date of death, it shall be assumed for the purpose of the one-half (1/2) joint and last survivor option calculation that the member be age fifty-five (55) at the date of his death.