1973 Ordinances - Laserfiche WebLink

Home Browse Search

years of his "disability-credited service", not mn excess of twenty-five such years. (b) For the purposes of this section, the term "dis- ability-credited service" for any member shall be taken to mean the smallest of (ii The member's actual period of creditable service plus ten years; or (ii) The number of years of creditable service the member would have completed at his normal retirement age if he had re~ained in service as an employee until then; or (iii) Forty years. (c) The foregoing provisions to the contrary notwith- standing, if a member's retirement allowance is payable under one of the options of section 26-41, the amount and duration thereof shall be determined in accordance with the provmsions of the ap- plicable option. Section 26-35. Service connected disability retirement. Any member in service may, at any time before his normal retirement date~ retire on account of disability compensable under ~e Virginia Workmen's Compensation Act upon %~itten notification to the board~ made by the member or his employer~ setting forth at what time the retirea~ent is to become effective; provided~ that such effective date shall be after the last day of service and after the date the award of compensation under that act be- comes final~ but shall not be more than ninety days prior to the date of such notification; and provided further, the examiner~ after a medical examination of such member, shall certify (i) That such member is~ an~ has been continuously since such effective date, if prior to the filing of such notice, mentally or physically incapacitated for the further performance of duty. (ii) That such incapacity is likely to be permanent. (iii) That such me~er should be retired. Section 26-36. Service connected disability retirement allowance. (a) Upon retirement as provided in section 26-35~ a member shall receive an annual retirement allowance, payable month- ly to hL~ during his lifetime and continued disability, mn an amount equal to the larger of: (i) T~-o-thirds of the member's average final compensation; or (ii) The allowance to which the member would be entitled under the provisions of section 26-34 if his disability were not compensable under the Virginia Workmen's Compensation ACt. (b) The foregoing provisions to the contrary notwith- standing~ if a member's retirement allowance is payable under one of the options of section 26-41~ the amount and duration thereof shall be determined in accordance with the provisions of %he ap- plicable option.