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Venisha oran, 1603 H~ghlan~l Avenue, <br /> questions. <br /> <br /> 7 <br />applicant, was available for <br /> <br /> Motion by Mr. Berm, and seconded by Mr. Robinett, to concur with the <br />recommendation of the Planning Commission and that UP-98.11 be approved <br />on first reading, and was adopted by unanimous vote. <br /> <br />- City Manager's Report - <br /> <br />98-218 Adoption of an ordinance to amend Chapter 30 of the Code ~of the City <br /> of Portsmouth, Virginia, 1988, by amending Sections 30-116 (a), (d), <br /> and (e), and adding Subsection (f) thereto and by amending Sections <br /> 30-118 30-120, 30-236 (a), 30-238 and 30-240 thereof pertaining to <br /> Service and Disability Retirements. <br /> <br />Recommendation: <br /> <br /> An ordinance to amend Chapter 30 of the Code of the City of Portsmouth <br /> Virginia, 1988, by amending Sections 30-116 (a), (d) and (e) and adding <br /> Subsection (f) thereto and by amending Sections 30-118, 30-120, 30-236 (a), <br /> 30-238 and 30,240 thereof pertaining to Service and Disability Retirements. <br /> <br />Pur~: <br /> <br />This change in the code would allow employees to receive the type of <br />retirement that they are eligible for and receive the highest pension benefit. <br /> <br />The only employees affected by this issue are those that have the years and <br />age to apply for "Normal Service Retirement." <br /> <br />· The Retirement Board at its June 1998 meeting unanimously voted to <br /> request City Council to amend the code as stated above. · <br /> <br />In addition, the Board requested that the amendment be retroactive to July <br />1, 1998 and alsO allow the change to include employees whOse pensions <br />have been reduced because of this issue prior to J u~ly 1, 1998. <br /> <br />When an employee applies for "Service Connected Disability," the <br />Retirement Board cannot approve the same anless the City has agreed that <br />the claim is compensable under the Virginia Workers' Compensation Act. <br />Therefore, the Retirement Board will approve ordinary disability and agree <br />to change the disability retirement to service connected should the <br />employee be granted workers compensation via a legal hearing or the City <br />agrees that the Claim is compensable. <br /> <br />However, if the employee is denied compensation as a result of a hearing, <br />the retirement status remains "Ordinary Disability." <br /> <br />At this point the employee is not eligible to request a "Normal Service <br />Retirement," which prevents him from receiving a $200 a mOnth supplement <br />from date of retirement to age 65. The $200 a month supplement is not <br />awarded under disability retirement; <br /> <br />Financial Impac._t: <br /> <br />· There is no financial impact. <br /> <br />Actuarial assumptions and calculations are based on the employee retiring <br />at the age and years of service as noted in the City Code. Those affected by <br />this change will have met the eligibility requirements. <br /> <br /> Motion by Mr. Benn, and seconded by Mr. Robinett, to adopt the <br />following ordinance, and was adopted by the follOwing vote: <br /> <br /> <br />