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member or by his appointing authority setting forth at what date the retirement is to become effective; provided, that such effective date • shall be after the member's last day of service but shall not be more than ninety days prior to the filing of such notification; provided, further, that the medical examiners, after a medical examination of the member for whom disability retirement is requested, shall certify that such member is, and has been continuously since such effective date if prior to the filing of such notification, mentally or physically incapacitated for the further performance of duty and that such incapacity is likely to be permanent and that such member should be retired. (b) The provisions of subsection (a) above to the contrary not- withstanding, the regn4remeat-a€-€#se-pears-a€-ereel}table-sere#ee-as-a prerequisites for disability retirement that the member have five or more vears of creditable service and that his disability retirement da precede his normal retirement date shall not be applicable to any member who satisfies the other requirements of subsection (a) and: (1) Whose disability is compensable under the Virginia Workmen's Compensation Act (or would be so compensable except for the fact that the member is not considered an "employee" as defined by such Act); or (2) Who is employed as a firefighter or police officer and whose • disability is the result of respiratory disease, hypertension or heart disease, unless the medical examiners shall certify, on the basis of competent evidence, that such disability was not suffered in line of duty. Copy Teste: Clerk Adopted by the Council December 18, 1978 1 4 5� A.