§ 22-201. Effect of transfers of employment.

(a)

Reclassification. If any public safety member, with five or more consecutive years of creditable service as such, is transferred to a position as a general employee of the City, based upon a determination by the medical examiner or such other physician employed by the City that such member is permanently and completely incapacitated from performing the duties required of a sworn police officer or a firefighter as a result of an injury sustained in the line of duty, the member shall thereafter continue to be classified as a public safety member for all purposes related to determining eligibility for retirement and calculating the retirement allowance payable to the member upon retirement.

(b)

Combined services. Except as otherwise provided in Subsection (a) of this section, if the creditable service of a member at retirement includes service both as a public safety member and as a general member, the amount of any service retirement allowance provided under Section 22-202 shall be determined as the sum of Subsection (b)(1) plus Subsection (b)(2) of this section as follows:

(1)

The retirement allowance that would be payable based on the member's creditable service as a public safety member.

(2)

The retirement allowance that would be payable based on the member's creditable service as a general member.

(Code 1993, § 23.1-43; Code 2004, § 78-205)

(Code 1993, § 23.1-43; Code 2004, § 78-205)