1976 ORDINANCES - Laserfiche WebLink

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377 MULTIPLIED BY (B) AND (C) MULTIPLIED BY (D) WHEN: (A) IS THE RATIO OF HIS YEARS OF CREDITABLE SERVICE AS A POLICE OFFICER OR FIREFIGHTER TO THE TOTAL OF ALL OF HIS YEARS OF CREDITABLE SERVICE; (B) IS THE RETIREMENT ALLOWANCE THAT WOULD BE PAYABLE IF ALL OF HIS CREDITABLE SERVICE HAD BEEN AS A POLICE OFFICER OR FIREFIGHTER; (C) IS THE RATIO OF HIS YEARS OF CREDITABLE SERVICE NOT AS A POLICE OFFICER OR FIREFIGHTER TO THE TOTAL OF ALL HIS YEARS OF CREDITABLE SERVICE; AND (D) IS THE RETIREMENT ALLOWANCE THAT WOULD BE PAYABLE IF ALL OF HIS CREDITABLE SERVICE HAS BEEN OTHER THAN AS A POLICE OFFICER OR FIREFIGHTER. SECTION 2-219.9. MEDICAL EXAMINERS. THE COMMISSION MAY, FROM TIME TO TIME, EMPLOY A PHYSICIAN OR PHYSICIANS, UPON SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, WHO SHALL BE KNOWN AS THE ''MEDICAL EXAMINERS'' , AND WHOSE DUTY IT SHALL BE TO CONDUCT OR APPROVE ALL MEDICAL EXAMINATIONS REQUIRED UNDER THE PROVISIONS OF THIS ARTICLE OR BY THE COMMISSION. SUCH MEDICAL EXAMINERS SHALL WHEN DIRECTED BY THE COMMISSION • INVESTIGATE ALL HEALTH OR MEDICAL STATEMENTS AND CERTIFICATES MADE BY OR IN BEHALF OF ANY PERSON IN CONNECTION WITH THE PAYMENT OR WITH A CLAIM FOR THE PAYMENT OF MONEY TO SUCH PERSON UNDER THIS ARTICLE, AND SHALL REPORT IN WRITING TO THE COMMISSION THEIR JOINT CONCLUSIONS AND RECOMMENDATIONS, OR THEIR INDIVIDUAL C� CONCLUSIONS AND RECOMMENDTIONS, UPON ALL SUCH MATTERS REFERRED TO THEM. SECTION 2-219.10. DISABILITY RETIREMENT. (A) ANY MEMBER IN SERVICE WHO HAS FIVE OR MORE YEARS OF CREDITABLE SERVICE MAY RETIRE, OR MAY BE RETIRED BY HIS APPOINTING AUTHORITY, AT ANY TIME PRIOR TO THE MEMBER'S NORMAL RETIREMENT DATE ON ACCOUNT OF DISABILITY UPON WRITTEN NOTIFICATION TO THE COMMISSION MADE BY THE MEMBER OR BY THIS APPOINTING AUTHORITY SETTING FORTH AT WHAT DATE THE RETIREMENT IS TO BECOME EFFECTIVE; PROVIDED, THAT SUCH EFFECTIVE DATE SHALL BE AFTER THE MEMBER'S LAST DAY OF SERVE BUT SHALL NOT BE MORE THAN NINETY DAYS PRIOR TO THE FILING OF SUCH NOTIFICATION; PROVIDED, FURTHER, THAT THE MEDICAL EXAMINERS, AFTER A MEDICAL EXAMINATION OF THE MEMBER FOR WHOM DISABILITY RETIREMENT IS REQUESTED, SHALL CERTIFY THAT SUCH MEMBER IS, AND HAS BEEN CONTINUOUSLY SINCE SUCH EFFECTIVE DATE IF PRIOR TO THE FILING OF SUCH NOTIFICATION, MENTALLY OR PHYSICALLY INCAPACITATED FOR THE FURTHER PERFORMANCE OF DUTY AND THAT SUCH INCAPACITY IS LIKELY TO BE PERMANENT AND THAT SUCH MEMBER SHOULD BE RETIRED. • (B) THE PROVISIONS OF SUBSECTION (A) ABOVE TO THE CONTRARY NOTWITH- STANDING, THE REQUIREMENT OF FIVE YEARS OF CREDITABLE SERVICE AS A PREREQUISITE FOR DISABILITY RETIREMENT 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 LINE OF DUTY.