§ 31-56. Occupational disability retirement for a total and permanent disability.

(a)

VRS participants are ineligible for the benefits provided by this section. All other members shall be referred to as "eligible members" in this section.

(b)

Subject to subsection (a) of this section, on and after October 1, 2007, an eligible member in active service who has been determined to be totally and permanently disabled by the Virginia Workers' Compensation Commission from a cause arising out of and in the course of their employment with a participating employer may, upon written application to the board, be retired [eligible] for occupational disability retirement when, as a result of a medical examination or by means of other satisfactory evidence, the board finds that the member is permanently functionally incapacitated from performing any gainful activity and that such condition appears to be permanent. Benefits hereunder shall continue only so long as such incapacity continues based on evidence acceptable to the board.

(c)

In the event of the retirement of an eligible member for occupational disability on or after January 1, 1983, such eligible member shall receive a disability retirement allowance payable for the lifetime of the eligible member so long as the eligible member remains totally disabled. The amount of the annual allowance shall be two-thirds ( 2/3 ) of the eligible member's annual salary at the time the disability began less:

(1)

The amount of any payments made to the eligible member by the participating employer pursuant to the Virginia Workers' Compensation Act, §§ 65.2-500, 65.2-501, 65.2-502, 65.2-503, and 65.2-512 of the Code of Virginia. There shall be no reduction in the retirement allowance for payment of medical benefits pursuant to § 65.2-603 or payment of burial expenses pursuant to § 65.2-512B of the Code of Virginia. If the eligible member's payments under the Virginia Workers' Compensation Act are adjusted or terminated for refusal to work or to comply with the requirements of § 65.2-603 of the Code of Virginia, the retirement allowance shall be computed as if the eligible member were receiving the compensation to which the eligible member would otherwise be entitled. In addition, the retirement allowance from the city shall also be reduced by the amount of any lump sum settlement of a workers' compensation claim, except such portion of the settlement as is designated for the payment of medical expenses.

(2)

One-half (½) of the disability benefit received by the eligible member from the United States Social Security Administration or successor.

(3)

Compensation received by the eligible member from the city under any applicable rule or order, settlement, contract or other agreement.

(d)

Should an eligible member die while on occupational disability retirement, benefits shall be computed in accordance with section 31-62.

(e)

An eligible member applying for disability retirement or retired on disability under this section shall be governed by the rules and regulations promulgated by the board in accordance with section 31-22 and section 31-59.

(Ord. No. 2990-82; Ord. No. 5042-97; Ord. No. 5076-97; Ord. No. 6434-07, § 1; Ord. No. 6630-09, § 1)

(Ord. No. 2990-82; Ord. No. 5042-97; Ord. No. 5076-97; Ord. No. 6434-07, § 1; Ord. No. 6630-09, § 1)