Norfolk v. Key

This appeal involves a proper interpretation of section 40, Article II of chapter 3 of the Norfolk City Code of 1944, relating to the employees’ retirement system of that city, as applied to an agreed statement of facts. The ordinance of which this section is a part became effective January 1, 1942, and it is provided that its provisions shall supersede any existing pension fund or similar plan, and that no further benefits shall be paid from any such fund or plan so superseded.

Section 40 reads as follows:

“(1) Upon the application of a member in service or of. the head of his department, any…