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2005_Ordinances
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[Explanation: The amount of the disability retirement allowance is derived <br />• from Virginia Code section 51.1-157 — the disability retirement statute for <br />local law enforcement officers under the Virginia Retirement System <br />("VRS"). Note that subsection (3) uses a multiplier of 1.7, which is the VRS <br />standard, rather than 1.6 that is currently used by the City.] <br />Sec. 19-153. Annual review of disability recipient; cessation of allowance. <br />Any award of a disability retirement allowance pursuant to the provisions <br />of this Article shall be subject to the review and cessation provisions of section 19- <br />103 (a), (b) and (e). <br />[Explanation: This section allows the Retirement Commission to require the <br />recipient of a disability retirement allowance to undergo an annual medical <br />examination, to verify that the employee still meets the ordinance's definition <br />of "disabled".] <br />Sec. 19-154. Reduction of allowance for workers' compensation benefits. <br />(a) Any disability retirement allowance payable pursuant to the provisions <br />of this Article shall be reduced by the amount of any payments under the <br />• provisions of the Virginia Workers' Compensation Act in effect on the date of <br />retirement of the employee, and the excess of the allowance shall be paid to the <br />employee. When the time for compensation payments under the Act has elapsed, <br />the employee shall receive the full amount of the allowance payable during his <br />lifetime and continued disability, until eligible to retire under age and service <br />requirements. <br />(b) If the employee's workers' compensation payments are adjusted or <br />terminated for refusal to work or to comply with the requirements of Virginia <br />Code section 65.2-603, the disability retirement allowance shall be computed as if <br />the employee was receiving the compensation to which he would otherwise be <br />entitled. <br />(c) The disability retirement allowance of any employee who elects to <br />receive a lump -sum settlement in lieu of periodic payments under the Virginia <br />Workers' Compensation Act shall be adjusted by an amount determined by <br />dividing the workers' compensation benefit which such employee would have <br />received had the lump -sum settlement not been consummated, into the settlement <br />actually accepted by the employee. <br />C! <br />
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