1981_Ordinances - Laserfiche WebLink

Home Browse Search

Pg. 2 is {b} (c) The provisions of subsection (a) above of this section to the contrary notwithstanding, the prerequisites for disability retirement that the member have five or more years of creditable service and that his or her disability retirement date precede his or her 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 the line of duty. Section 20-29. Disability retirement allowance. (a) Upon retirement for total and permanent disability as provided in section 20-28 (a) of this Code on or after July 1, 1944 • 1981 a member shall receive an annual retirement allowance payable monthly to him or her for life during his continued total disability commencing on the first day of the month coinciding with or next following his or her date of retirement, in an amount computed as the larger of (1) and (2) following: (1) The excess, if any, of two percent of the member's average final compensation multiplied by the number of years of his or her disability -credited service, as herein defined, over the product of two and one-half percent of the member's annual primary social security benefit, multiplied by the number of years of his or her disability -credited service up to a maximum of twenty years; (2) One and thirty-five hundredths percent of the member's average final compensation, multiplied by the total number of years of his or her disability -credited service. (b) As used in subsection (a) above of this section with respect to a member who retires for disability on or after the age of sixty, disability -credited service means the member's creditable service. With respect to a member who retires for disability prior to the age of sixty, disability -credited service means the smaller of (1) and • (2) following: (1) Twice the member's years of creditable service; -and;