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• <br />• <br />• <br />9. <br />(1) whose disability is compensable under the Virginia Workmen's <br />Compensation Act (or would be so compensable except for the fact that the <br />member is not considered an "employee" as defined by such Act); or <br />(2) who is employed as a firefighter or police officer and whose <br />disability is the result of respiratory disease, hypertension or heart <br />disease, unless the medical examiners shall certify, on the basis of <br />competent evidence, that such disability was not suffered in line of <br />duty. <br />SECTION 2- 219.11. Disability retirement allowance. <br />(a) Upon retirement for disability as provided in section 2- 219.10 of this code <br />on or after July 1, 1975, a member shall receive an annual retirement allowance monthly <br />to him for life during his continued disability commencing on the first day of the month <br />coinciding with or next following his date of retirement, in an amount computed as the <br />larger of (1) and (2) following: <br />(1) The excess, if any, of two percent of the member's average <br />final compensation multiplied by the number of years of his disability - <br />credited service, as herein defined, over the product of two and one -half <br />percent of the member's annual primary social security benefit, multiplied <br />by the number of years of his disability- credited service up to a maximum <br />of twenty years. <br />(2) One and thirty -five hundreths percent of the member's average <br />final compensation, multiplied by the total number of years of his <br />disability- credited service. <br />(b) As used in subsection (a) above with respect to a member who retires for <br />disability on or after the age of sixty, disability- credited service means the member's <br />creditable service. With respect to a member who retires for disability prior to the age <br />of sixty, disability- credited service means the smaller of <br />(1) twice the member's years of creditable service, and <br />(2) the number of years of creditable service the member would <br />have completed at age sixty, had he remained in service to such age. <br />(c) Any allowance payable to a member under this section shall be reduced by <br />the amount of any payments made to such member as required by the Virginia Workmen's <br />Compensation Act, and the excess of such allowance over such required payments, if <br />any, shall be paid to such member. When the time for payment of compensation under <br />such Act shall have elapsed, the member shall thereafter receive the full amount of the <br />allowance provided by subsection (a) of this section monthly during his lifetime and <br />continued disability. <br />