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AN ORDINANCE TO kMEND THE CODE OF THE CITY OF PORTS~4OUTH, <br />VIRGINIA BY A-~END!NG SECTION 31-156 THEREOF, PERTAINING <br />TO ORDINARY DEATH BENEFITS. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia, that Section 31-156 of the Code of the City of <br />Portsmouth, Virginia, be amended to read as follows: <br /> <br />Section 31-156. Ordinary Death Benefits. <br /> <br /> (a) Should a member, who had one or more years of creditable <br />service, die in service at any ~ime before retirement from a <br />cause not compensable under the Virginia WorkJaen's Compensation <br />Act, an additional benefit equal to Five Thousand Dollars ($5,000.) <br />shall then be payable in a lump sum in accordance with Section <br />31-160. <br /> <br /> (b) If the member at the date of death had ~ore than five <br />(5) years of creditable service, there shall be paid a retirement <br />allowance to the first of the following listed persons who shall <br />survive the member and in the priority listed herein: <br /> <br /> 1. Widow or widower, pension payable during widowhood. <br /> 2. Child or children under the age of eighteen years, <br /> pension payable to age eighteen for e~ch child. <br /> 3. Dependent mother or father. <br /> 4. Dependent s~ster or brother. <br /> <br /> If there is more than one chfld, or more than one dependent <br /> parent, or more than one dependent sister or brother, %he pension <br /> shall be divided in a manner as the Board may determine. Parents, <br /> brothers or sisters must receive more than fifty percent (50%) <br /> support from the member in order to be considered dependent for <br /> the purposes of this pension. Payments to a child or children <br /> under the age of eighteen years shall be made only to a Court- <br /> appointed guardian cr administrator of the estate of the ~ember. <br /> Such retirement allowance shall be payable to the first <br /> eligible person as stipulated and be an allowance, unless sub- <br /> section (c) of this section is applicable~ payable at least <br /> monthly, equal to the larger of One Thousand Two Hundred Dollars <br /> ($1~200.) a year, or equal to one-half (1/2) the retirement <br /> allo~ance that would have been payable to the member had the <br /> member retired under the provmsmons of Section 31-151 on the <br /> date of his death after having eIected to have his allowance <br /> payable under the joint and last survivor option described in <br /> sub-section [a)(1) of Section 31-159. If the member is under <br /> the age of fiftv-f~'ve ~5) at the date of death, i% shall be <br /> assumed for the purpose of the one-half [1/2) joint and last <br /> survivor option calculation that the member be age fiftL~-five <br /> (55) at the date of his death. <br /> <br /> <br />