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Cb) Should a member die in servic~ at any~~e after having ~ttained <br />his fifty-fifth (55th). birthday and wh~ has ~attaJ~_~ed the number of ~ye~rs <br />of creditable .service required for entitlement to-'benefitS ,under~ the <br />'vestnng provisions of.Section 31-62, frc~ a cause 'not compensable under. <br />tt~ Virginia Workmsn~' s Compensation' Act, ~there shall be paid a retirement <br />allowance to the first of the fo.llowing liSt~ persons,-if, any;.'wbo is ' <br />'aLive at.the d~ath of 'the m~mbe~, ~and in' the priority s~ted ~,_erein{ ~.~ <br />Widow or widower. If. such member .leaves ho widow-or widC~er, theu the <br />· Child or ~c/Tildren: under . the - age of eighheen .(18) yea~s, if any; of the <br />deceased member, shall be paid'an allowance until such child or <br />die or attain the age of eighteen (18) years whichever Shall~ first' <br />occur. If more than'~one child sUrVives the deceasa~ memb~'r~' the~tlc~gance.. <br />shall be divided among them in Such manner, a~. the board may~determ~ne...' <br />If the deceased n~mber leaves neither-~widow, widower'nor child or.children <br />under the age of eighteen (18).years~ then such all°wance shall b~ paid <br />to the member's parent or parents, divided in~ such a: manne~ 'as'tha. ~o~rd <br />may determine, during the life or lives-of :such paren~ or paren.,t~s~.~ If <br />the deceased a~aber leaves neither widow, '~i~r, child, or:'d~ldren- <br />-under the age of eighteen (18) yearS; parent or parents then sister o~ ''-: <br />brother ~ if any, of the deceased member shall-be paid an allc%~nce- to be"' <br />divided among'said sister(s)-or brother(s)~ in such a'manner-as'the ~oard <br />may determine, .provided such sister ~r brother received more than~fifty <br /> percent (50%) support from the Tasmber. - -i '. '.~-~ ' <br /> Such retirement allowance shall be payable, to ~e' first -eti~ibie_ ." <br /> person as stipulated and shall be equal to the reduced al%cw~nce that <br /> would have been payable frc~ time ito~ti~e had the msmber ~et_~red <br /> date of his death .after having elected to have-his allowance payable <br /> under the joint and last survivor option describe~ in subsection (a) · (t) <br /> of Section 31-74 so that .the same ~Dunt would be continued after/death- <br /> to such first eligible person; assuming that the ~Ount of allowance <br /> that would have been payable to the member after his normal retirement <br /> date, in the absence of an option election asstmption, would have ~een <br /> cc~puted under subsection (a) (2) (i) of Section 31-63, rather than <br /> under subsection (a) (2) (ii) of Section 31-63. <br /> <br />Section 31-77 (a). Reduction of disability retir~nt' allowance. <br /> <br /> (a) Whenever a member receiving a disability retirement allowance <br />is prior to his non,al retirement date engated in gainful occupation or <br />work paying more than the difference between his disability re~r~cent <br />allowance and his average final cc~pensation, the Board may reduce the <br />retirement allowance such that~the sum of the.average .ann~:al earnings <br />frc~ such gainful occupation and the average annual benefit allowance <br />~als the annual average fin~' ccmpensati0n-'.nvera_~.e final c~.~ensation · <br /> 1, for the purposes of this s~ction,.be.ad~usted ~n proportion to any - <br />adjustment Of benefit a'member has 'received since retireme~t. For any <br />reduction of benefit allowance made Under the authority of this Section <br />in a'month prior to the benefit adjustr~nt made by authority of Section <br />31-68 average final cc~pensation may be adjhste~'by a percentage representing <br />a portion of the projected percentage adjust/uent to be ~ade' under the - <br />authority of Section 31-68. . <br /> <br /> <br />