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1.,~ 1 1 I URDINANCE ..~P08-42. AN ORDINANCE TO AMEND CHAPTER 30 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTION 30-237 THEREOF TO CORRECT A CLERICAL ERROR PERTAINING TO SERVICE RETIREMENT ALLOTMENTS WITHIN THE PORTSMOUTH FIRE AND POLICE RETIREMENT SYSTEM. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 30-237(b) of Code of the City of Portsmouth, Virginia (2006), dealing with the Portsmouth Fire and Police Retirement System, be, and hereby is, amended and reordained to read as follows: Sec. 30-237. Service retirement allowance. (b) In addition to the allowance payable under subsections (a) through (d) of this section, a member retiring on or after July 1, 1992, but before July 1, 1993, shall receive an additional allowance equal to monthly payments of$100.00 from date of retirement until his 62nd birthday. A member retiring on or after July 1, 1993, shall receive an allowance equal to monthly payments of $200.00 from the date of retirement until his 62nd birthday. A member retiring on or after July 1, 1994, shall receive an allowance equal to monthly payments of$200.00 from the date of retirement until his 65th birthday. This subsection shall not apply to sections 30-239, 30-241, 30-243, 30- 244,30-245, and 30-246 of this Code and shall apply only to members receiving service retirement under section 30-236 of this Code. 2. That the purpose of this ordinance is to correct a clerical error in ()rdinance 1994-40, adopted on May 10, 1994, amending Section 30-237. That ordinance incorrectly referred to Code sections 30-119, 30-121, 30-122, 30-124, 30-125 and 30-127 that govern the Portsmouth Supplemental Retirement System when it authorized a service retirement allowance for members of the Portsmouth Fire and Police Retirement System. The purpose of this ordinance is also to confirm that, for the Portsmouth Fire and Police Retirement System, a service retirement allowance was always intended to be paid only to service retirees, and not to any other class of retirees. City Council hereby finds that the uniform practice of the Board of Trustees administering the Portsmouth Fire and Police Retirement System both before and after enactment of said ordinance has been to pay a service retirement allowance only to service retirees in the Portsmouth Fire and Police Retirement System and not to any other retirees in said system. Said practice is hereby affirmed and ratified as being consistent with the correct legislative intent of ()rdinance 1994-40, and any possible contrary interpretation of said ordinance is specifically found to be inconsistent with the legislative intent of Portsmouth City Council. The purpose of this ordinance is conform the text of Section 20-237 to what has always been the legislative intent, and to conform it to what has been the uniform practice of the Board of Trustees in interpreting and applying said code section.