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• AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 20-28, 20-29 AND 20-30 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, 1976, AS AMENDED, AND TO ADD A NEW SECTION NUMBERED 20-29.1, SUCH AMENDED AND ADDED SECTIONS RELATING TO DISABILITY RETIREMENT AND PARTIAL DISABILITY BENEFITS. BE IT ORDAINED by the Council of the City of Charlottesville, Virginia: 1. That §§20-28, 20-29 and 20-30 of the Code of the City of Charlottesville, 1976, be amended and reordained, and new §20-29.1 be ordained, as follows: Section 20-28. Disability-retireMeat- Retirement for total and permanent disability. (a) Any member in service who has five or more years creditable service may retire, or may be retired by his or her appointing au- thority, at any time prior to the member's normal retirement date on account of total and permanent disability upon written notification to the commission made by the member or by kis the appointing author- ity setting forth at which 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 Medieal examiners;-after-e-Medieel-exeMiaetiea-e£-tke-member-far-wkeM-dis- ebility-ret}reMent-is-re�xested;-skel}-eert}€p-that-seek commission shall have determined that the member is, and has been continuously since such effective date if prior to the filing of such notification, Mentaily-er-ghysieaily totally and permanently disabled and thus incapacitated for the further performance of duty or the pursuit of any gainful occupation an&-tket-snek-iaee@aeity-is-li#alp-te-be gerMaaent-exp-tkat-seek-Member-sheaf-be-retired. (b) A candidate for disability retirement shall be considered to be totally and permanently disabled if: (1) As a result of an examination of the candidate by the medical examiners and/or by means of other satisfactory evidence the commission finds that the candidate is mentally or physically inca- pacitated from ever performing any work or occupation for gain or profit for which he or she is or reasonably can be fitted by education traininq or experience; or • (2) The commission has satisfactory evidence that the candidate is eligible for and is, or soon will be, receiving total and permanent disability benefits under the provisions of the federal Social Security Act.