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1981_Ordinances
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1981_Ordinances
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Pg. 5 <br />• ante of such beneficiary shall cease and he or she shall again become <br />a member of the plan. Any creditable service rendered by the member <br />prior to his the date of disability shall thereafter be counted <br />as creditable service, and, in addition, the period of disability <br />retirement shall be counted as creditable service. <br />(c) Whenever the-eemmssssen-aseertesns-that-anq-bene€sesarq-e€- <br />a-d#sobs}stq-retsrement-a}}e�aanee-ss-be€ere-hss-norma}-retsre�nent <br />date-engaged-sn-e�asnfe}-eeenpatsen-er-work-bxt a disability retirement <br />allowance is terminated under subsection (b) of this section but the <br />commission determines that the beneficiary remains partially disabled <br />to the extent that he or she is still incapable of performing the <br />usual and customary duties of his or her former position with the <br />city;-the-eenunssssen-mop-rednee-sueh-bene€sesarpls-a}}ewenee-bq-np-te <br />bnt-net-mere-then-€sftq-pereent-theree€-end-snob-redaetsen-sha}}-re2nasn <br />4n-e££eet-se-}eng-es-the-bene£#eserp-ss-enggaged-sn-grin€n}-eeenpetsen- <br />er-work;-preysded;-heweeer;-that-open-snob-bene£sesarq-attesnsng-hss- <br />ssxtq-€s€th-bsrthdaq;-the-redrsetsen-sha}}-be-rostered: and that his or <br />her earnings capacity has been reduced by such partial disability, <br />such beneficiary shall be awarded a partial disability benefit in <br />place of the terminated disability allowance. Such partial disability <br />benefit shall be governed in every respect by section 20-29.1 of <br />• this Code, as though it had been awarded initially in lieu of a <br />disability retirement allowance and shall commence immediately upon <br />termination of the retirement allowance. <br />(d) Whenever, as a result of an examination of a beneficiary <br />of a partial disability benefit as provided in subsection (a) of this <br />section, the medical examiners certify to the commission that there <br />has been a significant improvement in the beneficiary's medical <br />condition or a significant deterioration related to the same disabili <br />for which the disability retirement allowance or partial disability <br />benefit was initially awarded, and the commission determines that the_ <br />earnings capacity of the beneficiary has changed, the commission <br />shall increase, decrease or terminate such benficiary's partial <br />disability benefit, as appropriate. <br />(e) Notw <br />20-29, 20-29.1 <br />decision to cr <br />i the contrary in sections 20-28 <br />or this section of this Code, the <br />ant, deny or terminate a disabilit <br />ommission • s <br />retirement allowance <br />or to grant, deny, terminate, increase or decrease a partial dis- <br />ability benefit need never be based solely on reports of the medical <br />examiners. The commission may also consider reports of vocational <br />rehabilitation counselors, financial evidence, the testimony of lay <br />• and expert witnesses, whether the candidate or beneficiary is receivi <br />disability benefits under the Virginia Workmen's Compensation Act and <br />ssi <br />the <br />to submit at annual intervals <br />
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