1973 Ordinances - Laserfiche WebLink

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Seventeen but less than eighteen Eighteen but less than nineteen Nineteen but less than twenty 85% 90% 95% (c) The foregoing provisions to the contrary notwith- standing, if a member's retirement allowance is payable under one of the options of section 26-86, the amount and duration thereof shall be determined in accordance with the provisions of the appli- cable option. Section 26-79. Ordinary disability retirement allowance. (a) Upon retirement as provided in section 26-78, a member shall receive an annual retirement allowance, payable monthly to him during his lifetime and continued disability, in an amount equal to two percent of his average final compensation multiplied by the number of years of his "disability-credited service", as hereinafter defined. (b) For the purposes of this section, the term "dis- ability-credited service" for any member shall be taken to mean the smaller of (i) 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 a~e if he had remained in service as an employee until then. (c) The foregoing provisions to the contrary notwith- standing, if a member's retirement allowance is payable under one of the options of section 26-86, the amount and duration thereof shall be determined in accordance with the provisions of the ap- plicable option. Section 26-80. Service connected disability retirement. Any member in service may retire on account of disability compensable.under the Virginia Workmen's Compensation Act upon written notification to the Doard, made by the member or his em- ployer, setting forth at what time the retirement 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 becomes 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, and 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 ~ncapacity is likely to be permanent. (iii) That such member should be retired. -6-