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AN ORDINANCE TO AMEND AND REORDAIN SECTION 20-29 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1976, AS AMENDED, RELATING TO DISABILITY RETIREMENT ALLOWANCES • BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE: REVISED - 1. THAT §20-29 OF THE CODE OF THE CITY OF CHARLOTTESVILLE BE AMENDED AND 7/18/77 REORDAINED AS FOLLOWS: SECTION 20-29. DISABILITY RETIREMENT ALLOWANCE. (A) UPON RETIREMENT FOR DISABILITY AS PROVIDED IN §20-29 (A) OF THIS CODE ON OR AFTER JULY 1, 1975 1977 A MEMBER SHALL RECEIVE AN ANNUAL RETIREMENT ALLOWANCE PAYABLE MONTHLY TO HIM FOR LIFE DURING HIS CONTINUED DISABILITY COMMENCING ON THE FIRST DAY OF THE MONTH COINCIDING WITH OR NEXT FOLLOWING HIS DATE OF RETIREMENT, IN AN AMOUNT COMPUTED AS THE LARGER OF (1) AND (2) FOLLOWING: (1) THE EXCESS, IF ANY, OF TWO PERCENT OF THE MEMBER'S AVERAGE FINAL COMPENSATION MULTIPLIED BY THE NUMBER OF YEARS OF HIS DISABILITY -CREDITED SERVICE, AS HEREIN DEFINED, OVER THE PRODUCT OF TWO AND ONE-HALF PERCENT OF THE MEMBER'S ANNUAL PRIMARY SOCIAL SECURITY BENEFIT, MULTIPLIED BY THE NUMBER OF YEARS OF HIS DISABILITY -CREDITED SERVICE UP TO A m MAXIMUM OF TWENTY YEARS. (2) ONE AND THIRTY-FIVE HUNDREDTHS PERCENT OF THE MEMBER'S b-� AVERAGE FINAL COMPENSATION, MULTIPLIED BY THE TOTAL NUMBER OF YEARS OF HIS DISABILITY -CREDITED SERVICE. (B) AS USED IN SUBSECTION (A) ABOVE WITH RESPECT TO A MEMBER WHO RETIRES FOR DISABILITY ON OR AFTER THE AGE OF SIXTY, DISABILITY -CREDITED SERVICE MEANS THE MEMBER'S CREDITABLE SERVICE. WITH RESPECT TO A MEMBER WHO RETIRES FOR DISABILITY PRIOR TO THE AGE OF SIXTY, DISABILITY -CREDITED SERVICE MEANS THE SMALLER OF (1) TWICE THE MEMBER'S YEARS OF CREDITABLE SERVICE, AND (2) THE NUMBER OF YEARS OF CREDITABLE SERVICE THE MEMBER WOULD HAVE COMPLETED AT AGE SIXTY, HAD HE REMAINED IN SERVICE SUCH ACT SHALL HAVE ELAPSED, THE MEMBER SHALL THEREAFTER RECEIVE THE FULL AMOUNT OF THE ALLOWANCE PROVIDED BY SUBSECTION fA+ (C) OF THIS SECTION TO SUCH AGE. (C) UPON RETIREMENT FOR DISABILITY AS PROVIDED IN §20-28(B) OF THIS CODE ON OR AFTER .JULY 1. 1977, A MEMBER SHALL RECEIVE AN ANNUAL RETIREMENT ALLOWANCE PAYABLE MONTHLY TO HIM FOR LIFE DURING HIS CONTINUED • DISABILITY COMMENCING ON THE FIRST DAY OF THE MONTH COINCIDING WITH OR NEXT FOLLOWING HIS DATE OF RETIREMENT. IN AN AMOUNT WHICH WHEN ADDED TO ONE-HALF OF THE PRIMARY SOCIAL SECURITY BENEFIT TO WHICH THE MEMBER MAY BECOME ENTITLED UNDER THE FEDERAL SOCIAL SECURITY ACT IN EFFECT AT HIS RETIREMENT DATE, WOULD EQUAL TWO-THIRDS OF HIS AVERAGE FINAL COMPENSATION, PROVIDED SUCH ALLOWANCES SHALL NOT BE LESS THAN THE AMOUNT HE WOULD HAVE RECEIVED UNDER SUBSECTION (A) OF THIS SECTION HAD HE RETIRED FOR DISABILITY UNDER §20-28(A) OF THIS CODE. (D) ANY ALLOWANCE PAYABLE TO A MEMBER UNDER THTS-SEETIBN SUBSECTION (C) SHALL BE REDUCED BY THE AMOUNT OF ANY PAYMENTS MADE TO SUCH MEMBER AS REQUIRED BY THE VIRGINIA WORKMEN'S COMPENSATION ACT, AND THE EXCESS OF SUCH ALLOWANCE OVER SUCH REQUIRED PAYMENTS, IF ANY, SHALL • BE PAID TO SUCH MEMBER. WHEN THE TIME FOR PAYMENT OF COMPENSATION UNDER SUCH ACT SHALL HAVE ELAPSED, THE MEMBER SHALL THEREAFTER RECEIVE THE FULL AMOUNT OF THE ALLOWANCE PROVIDED BY SUBSECTION fA+ (C) OF THIS SECTION