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1981_Ordinances
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1981_Ordinances
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E <br />r 1 <br />U <br />0 <br />Pg. 3 <br />(2) The number of years of creditable service the member <br />would have completed at age sixty, had he or she remained in service <br />to such age. <br />(c) Upon retirement for disability as provided in section 20-28 <br />{b} (c) of this Code a member shall receive an annual retirement <br />allowance payable monthly to him or her for life during his continued <br />total disability, commencing on the first day of the month coinciding <br />with or next following his or her date of retirement, in an amount <br />which, when added to one-half of the primary social security benefit <br />to which the member may become entitled under the federal Social <br />Security Act in effect at his or her retirement date, would equal two- <br />thirds of his or her average final compensation, provided such <br />allowance shall not be less than the amount he or she would have <br />received under subsection (a) of this section had he or she retired <br />for disability under section 20-28(a) of this Code. <br />(d) Any allowance payable to a member under subsection (c) of <br />this section shall be reduced by the amount of any payments made to <br />such member as required by the Virginia Workmen's Compensation Act, <br />and the excess of such allowance over such required payments, if any, <br />shall be paid to such member. When the time for payment of compensa- <br />tion under such Act shall have elapsed, the member shall thereafter <br />receive the full amount of the allowance provided by subsection (c) <br />of this section monthly during his or her lifetime and continued total <br />disability. <br />Section 20-29.1. Partial disability benefit. <br />(a) If the commission, as a result of a medical examination or <br />otherwise,determines that a candidate for disability retirement is <br />not totally and permanently disabled within the meaning of section <br />20-28(b), but that the candidate is partially disabled to the extent <br />that he or she is 'incapacitated from performing the usual and custom- <br />ary duties of his or her position with the city and that his or her <br />earnings capacity has been reduced by such partial disability, the <br />candidate shall be awarded an annual partial disability benefit. <br />Such benefit shall not be deemed to be 'a disability retirement allow- <br />ance. The commission, based on the best reasonably available medical <br />financial and other relevant evidence, shall determine the extent, <br />expressed as a percentage, to which the candidate's earnings capacity <br />has been reduced as a result of the partial disability which led to <br />his or her candidacy for disability retirement. Such annual benefit <br />shall be payable monthly to the candidate, commencing on the first <br />day of the month coinciding with or next following his or her <br />
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