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AN ORDINANCE TO AMEND THE CODE OF THE CI~f OF PORTSMOUTH, IrIRGINIA, 1973, BY AMENDING SECTIONS 31-70, 31-74, 31-156 AND 31-159 ADDING AND ~ POIfI~MOUTH FIRE AND POLICE RETI~ SYSTEM. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Sections 31-70, 31-74, 31-156 and 31-159 of the Code of the City of Portsmouth, 1973, be amended to read as follows: Section 31-70. Ordinary death benefits. (a) Should a nmmber who had one or more years of creditable service die in service at any time before retir~nent frcm a cause not compensable under the Virginia ~brkman's Cc~pensation Act, an additional benefit equal to Five Thousand Dollars ($5,000.00) sl~]] the~ be payable in a lump sum in accordance with Section 31-75. (b) Should a rm~mber die in service on or after July 1, 1977 at any time who has attained the number of years of creditable service required for entitlement to benefits under the vesting provisions of Section 31- 62, from a cause not compensable under the Virginia Workman's Ccmpensation Act, there shall be paid a retirement allowance to the first of the following listed persons, if any, who is alive at the death of a member; and in the priority listed herein: widow or widower and pep~ion payable during widOWhood; child or children under the age of eighteen (18) years and pension payable to age eighteen (18); dependent mother or father; 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 n~st receive more than fifty percent (50%) support frc~ the member to be considered dependent. Such retirement allowance shall be payable to the first eligible person as stipulated and be an allowance equal to one-half 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 having elected to have his allowance payable under the joint and last survivor option described in subsection (a) (1) of Section 31-74. If the member is under the age of fifty-five (55) at the date of death it shall be assumed frc~ the purpose of the one-half joint and last survivor option calculation that the member beage fifty-five (55) as of the date of his death. Such allowance shall be in addition te any benefits provided for in subsection (a) above. Section 31-74. Optional benefits. (a) Each n~mber who retires under any of the provisions of this article shall have the right at any tiu~, not subsequent to the later of the effective date of the member's retirement or the date of the written notification to the board of the retirement of the member, to elect to