Sacramento Municipal Code Art. VI Section 399 Plan

The plan known as the "Section 399 plan," adopted November 2, 1976, shall continue in full force and effect, as amended by Measure "M" adopted on June 6, 1989. The Section 399 plan shall be governed and maintained in accordance with the provisions of former (1989) Charter Sections 399 through 444, as those sections are embodied in this article and as they were amended in Measure "M". (Prior code § 34.06.600)

The following words and phrases as used in this plan, unless a different meaning is plainly required by the context, shall mean:

"Accumulated contributions" means contributions made by a member plus interest credited thereon as determined by the board. "Accumulated contributions" shall not include "additional contributions," as that term is used in Section 2.124.1900 of this chapter, and former (1989) Charter Section 404.

"Allowance" means any benefit payable in periodic payments, consisting of an annuity and a pension.

"Annuity" means payments for life or years derived from a member's accumulated contributions.

"Benefit" includes "allowance," "retirement allowance," "disability retirement allowance," and "death benefit." "Benefit" specifically does not include a refund specified in Section 2.124.1320 of this chapter.

"Child" means and includes a natural or adopted child of a member.

"Compensation" as distinguished from benefits under Division 4 of the Labor Code of the state of California, means all remuneration whether in cash or by other allowances made by the city for service qualifying for credit under this article, as may be determined by the city council by ordinance; provided, however, that "compensation" does not include remuneration paid for overtime, remuneration paid as a credit for accumulated sick leave, or payments paid by the system in lieu of disability retirement allowance under Section 2.124.1160 of this chapter; and provided, further, that no remuneration paid to the member shall be considered to be compensation for purposes of determining benefits under this plan unless the member and the city have made contributions with respect to each payment of remuneration in the manner provided in Sections 2.124.1000 and 2.124.1010 of this chapter.

"Compensation earnable" means the compensation as determined by the retirement system manager, which would have been earned by the member had he or she worked, throughout the period under consideration, the average number of days ordinarily worked by persons in the same grade or class of positions as the positions held by him or her during such period and at the rate of pay attached to such positions. The computation for any absence of a member shall be based on the compensation earnable by him or her at the beginning of the absence. The computation for the time prior to entering the service of the city shall be based on the compensation earnable by him or her in the first position held by him or her in city service.

"Continuation allowance" means any allowance payable after the death of the member.

"Final compensation" means the highest average annual compensation earnable by a member during any period of three consecutive years during his or her membership in the system, or if his or her membership is of a lesser period, it shall mean the average annual compensation earnable by the member during such period. For the purposes of this article, periods of service separated by breaks in service may be aggregated to constitute a period of three consecutive years, if the periods of service are consecutive except for such breaks. If a break in service did not exceed six months in duration, time included in the break and compensation earnable during such time shall be included in computation of final compensation. If a break in service exceeded six months in duration, the first six months thereof and the compensation earnable during those six months shall be included in computation of final compensation, but time included in the break which is in excess of six months and the compensation earnable during such excess time shall be excluded in computation of final compensation.

"Member of the plan" means any member of this system who is a member of the "Section 399 plan" created by former (1989) Charter Section 399.

"Military service" shall be defined by the city council, in accordance with the Military and Veterans Code to include only such service which the Military and Veterans Code requires the city to provide credit for service for the purpose of computing retirement benefits.

"Parent" means the adoptive, but if there is no adoptive parent who exists or existed, then the natural father or mother of the member.

"Pension" means payments for life or years derived from contributions made by the city.

"This plan" means the "Section 399 plan" created by former (1989) Charter Section 399.

Insofar as they pertain to this chapter, the definitions set forth in Section 380 of the Sacramento City Charter, as amended June 6, 1989, are incorporated by this reference. (Prior code § 34.06.601)

Except as provided in any contract entered into by the council pursuant to City Charter Section 372, and subject to Sections 2.124.030 and 2.124.040 of this chapter, any person commencing employment with the city on or after the effective date of this chapter shall be a member of the Section 399 plan. Membership in this retirement plan shall be limited to full-time officers and employees of the city and, except as provided herein, shall not include persons employed by the city on a seasonal, limited-term, part-time or substitute basis, or elective officers or appointive members of city boards and commissions. The city council, by ordinance enacted by two-thirds of all members of the council, may authorize persons employed by the city on a seasonal, part-time or substitute basis to become members of this plan on such terms and conditions as it deems reasonable. (Prior code § 34.06.602)

A. The contribution rate for each member of this plan, excluding the contribution rate for cost-of-living benefits pursuant to City Charter Section 379 and Section 2.124.1690 of this chapter shall be:

SAFETY MEMBERS (Retained in this plan pursuant to any ordinance enacted to implement City Charter Section 400, as amended June 6, 1989)

MISCELLANEOUS MEMBERS

B. There shall be deducted from each payment of compensation made to a member of this plan a sum equal to the applicable rate based upon his or her age at entry into the system as specified above multiplied by the amount of such compensation. The sum so deducted shall forthwith be paid to the retirement system and shall be credited to the individual account of the member. Except as otherwise provided in this chapter, the above amounts together with interest credited thereon, and any amounts transferred pursuant to former (1989) Charter Section 402, shall be applied to provide the annuity portion of the benefits under this plan. (Prior code § 34.06.603)

Subject to and consistent with the other provisions of this chapter and the City Charter, the city shall contribute such sums of money as may be required to fund this plan. The total contributions, with interest thereon, made by the city, and any amounts transferred pursuant to former (1989) City Charter Section 402, shall be applied to provide the pension portion of the benefits under this plan. Pursuant to Sections 384 and 385 of the City Charter, the board shall direct the actuary to determine the appropriate contribution rates for the city. (Prior code § 34.06.604)

The following time served shall be included by the retirement system manager in the computation of the service to be credited to a member of this plan for the purpose of determining whether such member qualifies for retirement and for the purpose of calculating benefits, but only if withdrawn accumulated contributions based on such time served have been deposited or are redeposited in the retirement system:

A. Time during which a member is a member of the retirement system and during and for which such member is entitled to receive compensation because of service as an employee of the city.

B. Time during which a member is absent in military service from employment by virtue of which he or she is a member of this plan.

C. Time served as a safety member shall be credited upon a change in service category of such member which causes him or her to become a miscellaneous member; provided, that the accumulated contributions standing to the credit of such member, including amounts redeposited by him or her, shall be adjusted by refund to the member or by payment by the member in the manner provided by the retirement system manager to bring the amount of said accumulated contributions to the amount which would have been credited to him or her had the member been a miscellaneous member throughout the period of his or her service as a safety member at the compensation he or she received as a safety member. For all purposes thereafter, the member shall be a miscellaneous member. This subsection shall not apply to any member of this plan who, after December 30, 1989, changes from safety member status to miscellaneous member status. (Prior code § 34.06.605)

Any safety member of this plan who has completed at least five years of service in the aggregate and attains the age of fifty (50) years may voluntarily retire for service under such uniform procedures as may be prescribed by ordinance enacted by the council. (Prior code § 34.06.606)

A safety member of this plan shall receive a service retirement allowance equal to the percentage of his or her final compensation set forth in the following table opposite his or her age at retirement taken to the preceding completed quarter and multiplied by the number of years of service with which he or she is credited at retirement:

SAFETY MEMBERS PERCENTAGE OF FINAL COMPENSATION

(Prior code § 34.06.607)

Any miscellaneous member of this plan who has completed at least five years of service in the aggregate and attains the age of fifty (50) years may voluntarily retire for service under such uniform procedures as may be prescribed by ordinance enacted by the council. (Prior code § 34.06.608)

A miscellaneous member of this plan shall receive a service retirement allowance equal to the percentage of his or her final compensation set forth in the following table opposite his or her age at retirement taken to the preceding completed quarter and multiplied by the number of years of service which he or she is credited at retirement:

(Prior code § 34.06.609)

In no event shall the service retirement allowance of any member of this plan exceed seventy-five (75) percent of his or her final compensation. (Prior code § 34.06.610)

Any member of this plan who becomes incapacitated for the performance of his or her duty by reason of any bodily injury or physical illness caused by or incurred in performance of his or her duty shall be retired on an industrial disability retirement if the incapacity of the member is of an extended and uncertain duration. (Prior code § 34.06.611)

If a member of this plan who is entitled to industrial disability retirement benefits is not qualified for voluntary service retirement, he or she shall receive an industrial disability retirement allowance equal to fifty (50) percent of his or her final compensation. If such member is qualified for voluntary service retirement, he or she shall receive a disability retirement allowance of an amount equal to the service retirement allowance he or she would have received if he or she had elected to retire from service on the date when he or she is ordered retired for industrial disability, or a disability retirement allowance equal to fifty (50) percent of his or her final compensation, whichever amount is greater. (Prior code § 34.06.612)

Any member of this plan who becomes incapacitated for performance of his or her duty by reason of a bodily injury or physical or mental illness and who has completed ten (10) years of service in the aggregate shall be retired on an ordinary disability retirement allowance if the incapacity of the member is of an extended and uncertain duration and the member is not entitled to an industrial disability retirement. (Prior code § 34.06.613)

If a safety member of this plan who is entitled to an ordinary disability retirement allowance is not qualified for voluntary service retirement, he or she shall receive an ordinary disability retirement allowance equal to one and one-half percent of his or her final compensation for each year of service, but in no event shall said allowance be less than twenty-five (25) percent of his or her final compensation. If any such safety member is qualified for voluntary service retirement, he or she shall receive an ordinary disability retirement allowance of an amount equal to the service retirement allowance he or she would have received if he or she had elected to retire for service on the date when he or she is ordered retired for disability, or an ordinary disability retirement allowance equal to twenty-five (25) percent of his or her final compensation, whichever amount is greater. (Prior code § 34.06.614)

If a miscellaneous member of this plan who is entitled to ordinary disability retirement allowance is not qualified for voluntary service retirement, he or she shall receive an ordinary disability retirement allowance equal to one and one-half percent of his or her final compensation for each year of service. In no event shall said allowance be less than twenty-five (25) percent of his or her final compensation nor shall said allowance, if it exceeds twenty-five (25) percent of his or her final compensation, be greater than the service retirement allowance to which he or she would have been entitled if he or she had remained in the continuous employ of the city until attaining the age of fifty (50) and immediately retired upon attaining said age with the same final compensation as is used to compute his or her disability allowance under this section. If any such miscellaneous member is qualified for voluntary service retirement, he or she shall receive an ordinary disability retirement allowance of an amount equal to the service retirement allowance he or she would have received if he or she had elected to retire from service on the date when he or she is ordered retired for disability, or an ordinary disability retirement allowance equal to twenty-five (25) percent of his or her final compensation, whichever amount is greater. (Prior code § 34.06.615)

The retirement of any member of this plan for industrial or ordinary disability may be initiated by the retirement system manager, by recommendation of the city manager, at the request of the member, or at the request of the guardian or conservator of the estate of the member. (Prior code § 34.06.616)

Any retirement for disability shall be initiated within such time periods as may be prescribed by the provisions of this chapter. (Prior code § 34.06.617)

The retirement system manager, hearing officers, and the retirement hearing commission, in determining disability retirement applications under this plan, shall follow procedures specified in this chapter for granting or denying disability retirements. (Prior code § 34.06.618)

When the retirement system manager finds, on medical advice, that a member of this plan is entitled to a disability retirement allowance, if the retirement system manager further finds that such member is capable of performing other duties in the service of the city, the member shall not be entitled to a disability retirement allowance if the city manager, in accordance with any applicable civil service procedures, offers and such member accepts a transfer, reassignment, or other change to a position with duties within such member's capacity to perform with his or her disability.

If the rate of compensation of such member in the new position is less than the rate of compensation of such member in the position from which he or she was disabled, the retirement system, in lieu of paying a full disability retirement allowance, shall pay such member, as a partial disability retirement allowance, the difference between the rate of compensation of such member in the new position and the rate of compensation of the position from which he or she was disabled. In the event that the rate of compensation of such member in the new position is increased from time to time, said partial disability retirement allowance shall be decreased by the amount of such increase until such partial disability retirement allowance equals zero and is discontinued. In no event shall the retirement system pay a partial disability retirement allowance which exceeds the full disability retirement allowance to which the member is entitled.

If a new position cannot be arranged at the time of eligibility for full disability retirement allowance, the full disability retirement allowance to which the member is entitled under this plan shall be paid until such time as a new position is available and accepted.

If a full disability retirement allowance is paid and the member later accepts such a new position, the period while on such disability retirement shall not be considered as breaking the continuity of service and his or her rate of contribution shall be based on the same age as his or her age was on the date of disability. If the member was a safety member of this plan at the time disabled, and is transferred prior to December 30, 1989 to a position which would otherwise require him or her to become a miscellaneous member of this plan, he or she may elect, in accordance with procedures established by the city council, to retain his or her membership as a safety member of this plan while performing the duties of the new position. The contribution rate of a member who so elects shall be based upon the contribution rate applicable to a safety member of this plan.

Nothing in this section shall be construed to require a member to accept reassignment or transfer in lieu of the full disability retirement allowance.

A member who receives a partial disability retirement allowance, as provided in this section, shall remain an active member of this system while receiving such partial disability retirement allowance. No cost of living adjustment shall be made to any partial disability retirement allowance.

The civil service board shall adopt reasonable rules and regulations to implement the provisions of this section insofar as it requires procedures to allow the city manager to effectuate a transfer, reassignment or other change of position as herein provided. (Prior code § 34.06.619)

No member of this plan retired for service or retired for disability shall thereafter be employed by the city unless he or she reenters city service in accordance with procedures prescribed by the civil service board. (Prior code § 34.06.620)

Should any member of this plan retired for disability engage in a gainful occupation prior to attaining the age at which he or she would have been entitled to voluntarily retire for service, the retirement system manager shall reduce the pension portion of such member's monthly retirement allowance so that the resultant retirement allowance when added to the average gross amount earned monthly by him or her in such occupation, will not exceed the greater of the following:

A. The amount of his or her final compensation; or

B. The amount of the compensation earnable by a person holding the position in the same salary step which such member held at the time of his or her retirement, or if the position has been abolished, the maximum compensation earnable by the person holding such position immediately prior to its abolition.

The reduction provided for in this section shall not exceed the amount of the pension portion of the retirement allowance and shall terminate when such member attains the age of eligibility for voluntary service retirement. (Prior code § 34.06.621)

The retirement system manager may require any member of this plan retired on a disability retirement allowance and under the applicable age of voluntary service retirement to undergo medical examinations from time to time without cost to the member. The examination shall be made by a physician or surgeon appointed by the retirement system manager, provided that said examination shall be performed within a reasonable distance of the member's home. Upon the basis of such examination, the retirement system manager shall determine whether the member is still physically or mentally incapacitated for service with the city in the position held by him or her when retired for disability. (Prior code § 34.06.622)

If the retirement system manager requests any member of this plan who is receiving a disability retirement allowance and who is under the minimum age of qualification for voluntary service retirement to undergo a medical examination, and such member refuses to do so, his or her retirement allowance shall be suspended. If the member refuses to submit to such medical examination within three months from the time his or her allowance is suspended, his or her disability allowance shall be cancelled. In the event the member does submit to such medical examination within said three month period, then, in the event the retirement system manager determines that such member is still disabled, then the disability retirement allowance shall be reinstated as of the date of the medical examination. (Prior code § 34.06.623)

If the retirement system manager determines, after considering medical advice, that a member of this plan retired on a disability retirement allowance is not physically or mentally incapacitated for service in the office or department of the city where he or she was employed and in the position held by him or her when retired for disability, he or she shall be eligible to re-enter the city service and his or her disability retirement allowance shall be cancelled forthwith upon such re-entry. If such a member eligible to reenter city service does not re-enter city employment within thirty (30) days of the date when employment is made available to him or her, his or her disability retirement allowance shall be permanently cancelled, and an amount which is the actuarial equivalent of his or her annuity at cancellation, based on an ordinary life, but not to exceed the amount of his or her accumulated contributions at the time of his or her retirement for disability, shall be credited to his or her individual account and shall be refunded to him or her. Notwithstanding any other provision of this chapter to the contrary, the civil service board shall adopt rules and regulations establishing reasonable procedures for the reentry of such members. (Prior code § 34.06.624)

If under the provisions of Section 2.124.1210 of this chapter, a member of this plan who is retired for disability is determined by the retirement system manager to be no longer incapacitated and reenters the service of the city, his or her disability retirement allowance shall cease immediately upon such reentry. Upon reentry into city service such member shall be a member of this plan, and his or her age at the time of his original entry into the system shall be the age upon which his or her rate of contribution upon reentry is computed, and shall receive credit for his or her aggregate service as it existed at the time of his or her disability retirement. The city council may provide by ordinance that any person who reenters city service pursuant to former (1976) Charter Section 326 may elect to become a member of this plan. Such ordinance shall generally provide for a procedure similar to Section 2.124.990 of this chapter. (Prior code § 34.06.625)

If the retirement allowance of any member of this plan who is retired for disability is cancelled for any cause other than reentrance into city service, and if such member does not reenter city service, an amount which is the actuarial equivalent of his or her annuity at cancellation, based on a disabled life, but not to exceed the amount of his or her accumulated contributions at the time of his or her retirement for disability, shall be credited to his or her individual account and shall be refunded to him or her. (Prior code § 34.06.626)

If a member of his plan shall die before retirement by reason of an injury received in, or illness caused by the performance of his or her duty, then, commencing the next day following the date of death, an industrial death allowance shall be paid to the surviving spouse throughout the life of the surviving spouse or until the surviving spouse remarries. If the member, at the time of death, was qualified for voluntary service retirement, but had not retired, the industrial death allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the day of death, but such industrial death allowance shall not be less than an amount equal to fifty (50) percent of his or her final compensation. If death occurs prior to the qualification for voluntary service retirement, the industrial death allowance payable shall be an amount equal to fifty (50) percent of his or her final compensation. (Prior code § 34.06.627)

In the event no allowance is payable under Section 2.124.1240 of this chapter, and in the event that a member of this plan dies either after qualification for voluntary service retirement or after retirement for service or for disability, then either one-half of the retirement allowance to which such member would have been entitled if the member had retired at the time of death or one-half of his or her retirement allowance, as the case may be, shall be continued throughout life, or until remarriage, to his or her surviving spouse. (Prior code § 34.06.628)

If any member of this plan shall die before retirement, and, if no allowance is payable under Sections 2.124.1240, 2.124.1250 and 2.124.1280 of this chapter, and if such member dies either no later than the last day for which he or she receives compensation, or within four months after the last day for which the member receives compensation, or while such member is physically or mentally incapacitated for the performance of the duties of such member and in case of such incapacity, if such incapacity has been continuous from such last day for which the member received compensation to the date of death, then, a death benefit shall be paid to the member's surviving spouse, or if there is no surviving spouse, to the designated beneficiary of such member, or if none, or if the designated beneficiary has died, or is otherwise ineligible, then to the estate of such member. Such death benefit shall be a sum equal to one-twelfth of the compensation earnable by such member during the twelve (12) months immediately preceding death multiplied by his or her completed years as a member of the system not to exceed six plus his or her accumulated contributions. (Prior code § 34.06.629)

Upon the death of a member after retirement and regardless of the cause of death, the sum of five hundred dollars ($500.00) shall be paid to his or her designated beneficiary, or if none, or if the designated beneficiary has died, or is otherwise ineligible, then to the estate of the member. (Prior code § 34.06.630)

If there is no surviving spouse entitled to an allowance under Section 2.124.1240 or 2.124.1250 of this chapter or, if a surviving spouse ceased to be eligible for an allowance under Section 2.124.1240 or 2.124.1250 of this chapter by reason of death or remarriage of such surviving spouse, and in the event that, at the time such surviving spouse becomes ineligible for such allowance, every child of the deceased member of this plan has not reached the age of eighteen (18) years, then, the allowance which would have been paid to such surviving spouse under Section 2.124.1240 or 2.124.1250 of this chapter shall be paid to such child of the deceased member under eighteen (18) years of age, collectively, to continue until every such child dies or attains such age, provided that no child shall receive any allowance after marrying or attaining the age of eighteen (18) years. If, at the time the member of this plan dies, there is no surviving spouse or child of such member eligible for the allowance under Section 2.124.1240 or 2.124.1250 then, if there is a parent of such member dependent upon such member for support, such dependent parent shall receive an allowance equal to the allowance payable under Section 2.124.1240 or 2.124.1250, if such allowance would otherwise be payable to a surviving spouse or child of such member. In the event any allowance is payable under this section, such allowance shall be deemed to be the allowance under this section and under Sections 2.124.1240 and 2.124.1250 of this chapter for purposes of determining what other benefits, if any, are payable. (Prior code § 34.06.631)

In the event of the death of a member of this plan after qualifying for, but before service retirement, an eligible surviving spouse may elect to receive a benefit equal to that provided in Section 2.124.1260 of this chapter in lieu of any continuation allowance which might be payable to such surviving spouse; provided, however, that such election must be made prior to the first payment of any continuation allowance which may be payable to such surviving spouse. If, at the time the member of this plan dies, there is no eligible surviving spouse of such member, then the guardian of the estate of any child of such member who may be eligible for a continuation allowance under this plan may elect to receive a lump sum benefit equal to that provided in Section 2.124.1260 of this chapter in lieu of any other continuation allowance which might be payable to such child; provided, however, that such election must be made prior to the first payment of any continuation allowance which may be payable to such child; provided, further that if there is more than one guardian who may make the election, then all guardians must so elect, and, in the event all guardians do not so elect, then the continuation allowance shall be paid to each child as his or her respective interest appears. If, at the time the member of this plan dies, there is no surviving spouse or child eligible for any continuation allowance under this plan, then, if there is a dependent parent entitled to a continuation allowance under this plan, such dependent parent may elect to receive a lump sum benefit equal to that provided in Section 2.124.1260 of this chapter in lieu of any continuation allowance which might be payable to such dependent parent; provided, however, that such election must be made prior to the first payment of any continuation allowance which may be payable to such parent; provided, further, that if there are two dependent parents who may make the election, in the event both dependent parents do not so elect, then the continuation allowance shall be paid to each parent as his or her respective interest appears. (Prior code § 34.06.632)

No continuation allowance shall be paid under this plan to a surviving spouse unless such surviving spouse was married to the member prior to the date of the injury, or onset of the illness, which illness or injury results in death before retirement, or if death occurs after retirement, unless such surviving spouse was married to the member at least one year prior to the date the member retired. This section shall not apply to any optional allowance under Section 2.124.1380 of this chapter. (Prior code § 34.06.633)

Notwithstanding the provisions of Section 2.124.1300 of this chapter, the council shall enact an ordinance or ordinances prescribing the conditions according to which any member retired for service or disability may irrevocably elect to receive a reduced retirement allowance during such member's lifetime in order that the member's surviving spouse may receive a continuation allowance, provided that the member was married at the time of retirement, is married to a different spouse at the time of death, was married to such different spouse at least two years prior to the date of death and the surviving spouse would otherwise qualify for a continuation allowance. The surviving spouse's continuation allowance shall be one-half of the member's reduced retirement allowance. The ordinance or ordinances shall provide that the election shall be made within sixty (60) days after the date the retired member remarries or within thirty (30) days after the enactment of the ordinance, in the case of a retired member who on the effective date of this section has been married to a different spouse than at the time of retirement for more than sixty (60) days.

The ordinance or ordinances shall further provide that the reduction in the member's allowance shall be made by the retirement system manager and shall be calculated on an actuarial basis so that the reduction in the member's allowance is actuarially equivalent to one-half of the continuation allowance which the surviving spouse will receive. The reduction shall become effective on the date of election. A member may make only one election under this section. This section shall not apply to persons electing an optional allowance under Section 2.124.1380 of this chapter.

It is the intent of this section that one-half of the cost of the continuation allowance which the surviving spouse is to receive will be borne by the member in the form of the reduction in the member's allowance. The reduction in the member's allowance shall be calculated on an actuarial basis. (Prior code § 34.06.634)

Except as otherwise provided in Section 2.124.1230 of this chapter, should any member of this plan cease to be employed by the city, through any cause other than death or retirement, all of his or her accumulated contributions shall be refunded to him or her. Upon mailing or other delivery of a warrant for the refund of contributions, his or her membership in the system, and any right to any other benefit, shall cease. (Prior code § 34.06.635)

Any member described in Section 2.124.1320 of this chapter who has completed at least five years of service in the aggregate shall have the right to elect, within ninety (90) days after said termination of service, or if the termination was by lay-off, and if such member is continuously laid off for a period of one hundred eighty days (180), then within ninety (90) days after the one hundred eightieth day, to allow his or her accumulated contributions to remain in the retirement system for purposes of obtaining a deferred retirement. Failure to make such election shall be deemed an irrevocable election to withdraw his or her accumulated contributions. If said member elects to allow his or her accumulated contributions to remain in the retirement system he or she may revoke said election at any time prior to deferred retirement and receive a refund of his or her accumulated contributions in the manner provided by Section 2.124.1320 of this chapter. (Prior code § 34.06.636)

A member of this plan whose membership continues under Section 2.124.1330 of this chapter is subject to the same age requirements for service retirement that apply to other members. After the qualification of such member for deferred service retirement by attaining the applicable age for voluntary service retirement, he or she shall be entitled to receive a retirement allowance based upon his or her age at the time of retirement and service standing to his or her credit at the time of cessation of employment with the city in the same manner as other members. (Prior code § 34.06.637)

A member of this plan whose membership continues under Section 2.124.1330 of this chapter and who becomes disabled by reason of a bodily injury or physical or mental illness may retire for disability. If said member is qualified for voluntary service retirement, he or she shall receive a disability retirement allowance of an amount equal to the deferred service retirement he or she would have received if he or she had elected to retire from service on the date when he or she is ordered retired for disability. If said member is not qualified for voluntary service retirement, then such member shall receive a disability retirement allowance equal to one and one-half percent of final compensation multiplied by the number of years of service of such member; provided, however, that in no event shall said disability retirement allowance exceed the service retirement allowance to which said member would be entitled if said member had retired at age fifty (50). In the event the retirement system manager finds prior to the member's qualification for voluntary service retirement that such member is no longer incapacitated, the allowance provided in this section shall be cancelled. The rights of the member thereafter shall be those provided under Section 2.124.1230 of this chapter. (Prior code § 34.06.638)

Upon the death of a member who has retained membership in this plan under Section 2.124.1330 of this chapter, after qualification for voluntary service retirement or after retirement for service or after retirement for disability, either one-half of the retirement allowance to which he or she would have been entitled had he or she retired at the time of his or her death or one-half of his or her retirement allowance, as the case may be, shall be continued throughout life or until remarriage, to his or her surviving spouse. The provisions of City Charter Section 396 and Sections 2.124.1280, 2.124.1290 and 2.124.1310 of this chapter, shall be applicable to the allocation or reallocation of said benefits. (Prior code § 34.06.639)

If any member who has retained membership in this plan under Section 2.124.1330 of this chapter, shall die before retirement and if no allowance is payable pursuant to Section 2.124.1360 of this chapter, a death benefit shall be paid to his or her surviving spouse, or, if there is no surviving spouse, to the member's designated beneficiary, or if none, or if the designated beneficiary has died, or is otherwise ineligible, then to the member's estate, in an amount equal to one-twelfth of the compensation earnable by him or her during the twelve (12) months immediately preceding the date of his or her cessation of employment with the city multiplied by his or her completed years as a member of the system not to exceed six, plus his or her accumulated contributions. (Prior code § 34.06.640)

At the date of retirement for service or retirement for disability:

A. If a member of this plan has no spouse, child or dependent parent who would qualify for the continuance of an allowance after the death of said member, such member may elect before the first payment of the retirement allowance to receive the actuarial equivalent of his or her allowance, partly in a lesser allowance to be received by the member throughout life and partly in other benefits payable after such member's death to another person or persons; or

B. If a member of this plan has a spouse or child or dependent parent who would qualify for the continuance of an allowance after the death of said member, such member may elect before the first payment of the retirement allowance to receive the actuarial equivalent of the portion of his or her allowance which would not be continued to his or her spouse, child or dependent parent, as the case may be, upon his or her death, partly in a lesser allowance to be received by the member throughout life and partly in other benefits payable after such member's death to another person or persons including his or her spouse, child or dependent parent, as the case may be.

An election under this section shall be subject to all the conditions prescribed by this chapter to govern similar elections by other members of the retirement system. (Prior code § 34.06.641)

Any allowance payable to, or on account of, a member of this plan by reason of any bodily injury or physical illness caused by or incurred in performance of his or her duty, or payable on account of a member's death by reason of any injury received in, or illness caused by, the performance of his or her duty, shall not be cumulative with benefits under Division 4 of the Labor Code of the state of California awarded to, or on account of, a member as a result of the same injury, illness or death. Any such allowance shall be reduced, in the manner fixed by the council, by the amount of benefits, other than medical benefits, payable to or on account of the member under Division 4 of the Labor Code of the state of California; provided, however, that in no event shall the annuity portion of any such allowance be reduced by the amount of benefits payable to, or on account of, the member under Division 4 of the Labor Code of the state of California. (Prior code § 34.06.642)

Any section or part of any section in this chapter, insofar as it should conflict with former (1989) Charter Sections 399 through 444, as those sections existed on June 5, 1989, shall be superseded by the contents of said sections, except to the extent that the conflict occurs because of the enactment of Measure "M." It is expressly the intention of the city council in enacting this chapter to preserve the provisions of the Section 399 plan intact except as changes are required to conform to the intent and purpose of Measure "M." In the event that, in enacting this chapter, the city council has inadvertently omitted to make a required change or has made a change which either eliminated a provision which has continuing applicability, or changed wording which has the effect of changing a benefit, the city council shall have continuing authority to amend this article or any other provisions of this chapter to correct any such error. The retirement system manager shall preserve intact an exact copy of the provisions of former (1989) Charter Sections 399 through 444 for the purpose of future comparison and determinations under this section. In the event that any word, phrase, clause or section of these sections shall be adjudged unconstitutional, the remainder thereof shall remain in full force and effect. (Prior code § 34.06.643)

Section 400 of the Sacramento City Charter, as adopted by the voters on June 6, 1989, provides that the city council may enact by ordinance provisions to resolve questions relating to certain categories of persons. This section implements Section 400 by adopting special regulations for determination of questions relating to those categories of persons. These regulations are not intended to be comprehensive or to create any permanent or vested right when one did not previously exist, and the city council reserves its right to change these regulations in any manner to accomplish the intent of Measure "M."

A. Former Sacramento City Employees Retirement System ("SCERS") Safety Members Who Have Left City Employment But Are Covered by Reciprocity Provisions or Agreements. Former SCERS safety members who have left city employment, but who have continuing rights under City Charter Section 395 and Article XVI of this chapter by virtue of a reciprocity agreement, shall continue to be covered by those provisions, and shall not be transferred to PERS by virtue of Measure "M." Such former safety members' rights shall be determined solely under City Charter Section 395 and Article XVI of this chapter. Use of the term "former SCERS safety member" in this section shall not be determinative of the question of whether persons covered by this section have retained SCERS membership.

B. Former SCERS Safety Members Who Have Left City Employment But Who Elected Deferred Retirement and Have Left Their Contributions in SCERS. Former SCERS safety members who have left city employment, but who have made the election specified in former (1989) Charter Sections 436, 437 and 438, or Sections 2.124.860, 2.124.870 and 2.124.880 of this chapter, or Section 2.124.470, or Section 2.124.340, or any other provision of this chapter which authorizes a deferred retirement election, shall continue to be covered by those respective provisions, and shall not be transferred to PERS by virtue of Measure "M." Such former safety members' rights shall be determined solely under those respective provisions.

C. Former SCERS Safety Members Who Left City Employment, Were Reemployed by the City Prior to the Effective Date of the New Contract, Again Became SCERS Safety Members, and Who Have Redeposit Rights Which as of the Effective Date of the New Contract Have Not Been Exercised so as to Receive Service Credit for the Break in Service. SCERS safety members who will be transferred to PERS pursuant to Measure "M," and who previously left city employment having withdrawn their SCERS contributions and have not redeposited those contributions but who retain such redeposit rights, and have not exercised such rights prior to the effective date of the new contract with PERS entered into pursuant to Measure "M" so as to receive service credit for the break in their city service, shall have their redeposit rights determined under the Public Employees Retirement Law.

D. Former SCERS Safety Members Who Left City Employment and are Reemployed After the Effective Date of the New Contract, and Who Did Not Elect Deferred Retirement or Leave Their Contributions in the System. Former SCERS safety members who left city employment and are reemployed after the effective date of the new contract entered into pursuant to Measure "M," and who did not elect deferred retirement or otherwise leave their contributions on deposit with SCERS, shall continue to have their rights, if any, determined solely under the City Charter and this chapter, and shall not be transferred to PERS by virtue of Measure "M."

E. Former SCERS Safety Members Who Retired for Disability and Who Returned to City Employment Pursuant to Former (1989) Charter Section 417 as a Miscellaneous Employee, But Who Elected to Retain Safety Membership. Former SCERS safety members who retired for disability and who returned to city employment pursuant to former (1989) Charter Section 417 as a miscellaneous employee, but who elected to retain their SCERS safety membership, shall continue to have their rights determined solely under the City Charter and this chapter, and shall not be transferred to PERS by virtue of Measure "M." (Prior code § 34.06.644)