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2005_Ordinances
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2005_Ordinances
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• (1) As a result of an examination of the candidate by the medical <br />examiners and / or by means of other satisfactory evidence the <br />commission finds that the candidate meets the definition of disability <br />set forth in this Article, and that the employee's incapacitating injury <br />or illness is compensable under the provisions of the Virginia <br />Workers' Compensation Act; or, <br />(2) The commission has satisfactory evidence that the candidate is <br />eligible for and is, or soon will be, receiving total and permanent <br />disability benefits under the provisions of the federal Social Security <br />Act as the result of a work related disability. <br />[Explanation: This procedure is adopted from the existing ordinance that <br />governs retirements for total and permanent disability.] <br />Sec. 19-152. Disability retirement allowance. <br />(a) Upon retirement for a work related disability, a public safety employee <br />shall receive an annual retirement allowance during his lifetime and continued <br />disability, until ending as provided in Section 19-156 (b). The amount of the <br />• disability retirement allowance shall be equal to the following: <br />(1) 66 2/3 percent of the employee's final salary if the employee does not <br />qualify for primary social security benefits under the provisions of the <br />Social Security Act in effect on the date of his retirement; <br />(2) 50 percent of the employee's final salary if the employee qualifies for <br />primary social security benefits under the provisions of the Social <br />Security Act in effect on the date of his retirement; or, <br />(3) 1.70 percent of his final salary multiplied by the smaller of (a) twice the <br />amount of his creditable service or (b) the amount of creditable service <br />he would have completed at age sixty (60) if he had remained in service <br />to that age. If the employee has already attained age sixty (60), the <br />amount of creditable service at his date of retirement shall be used. This <br />subsection (3) shall only be used if it results in a greater allowance than <br />either subsection (1) or (2), as applicable. <br />(b) The annual disability retirement allowance shall also include any post <br />retirement cost of living supplement provided for all City retirees pursuant to <br />section 19-107. <br />3 <br />
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