Sacramento Municipal Code Art. II Membership Under Former (1970) Charter Section 173

This article is enacted to implement the provisions of former (1976) Charter Section 291 and former (1989) Charter Section 374. The term "member," as used in this article, shall be construed to mean persons who are retired members of the retirement system under the provisions of former (1970) Charter Section 173.

The term "compensation earnable," as used in this article, shall mean the average compensation as determined by the retirement system manager upon the basis of the average period of employment in the same group or class of employment and at the same rate of pay.

The term "final compensation" shall mean the average compensation earnable by a member during the ten (10) years immediately preceding his or her retirement. (Prior code § 34.02.200)

Members shall be retired upon reaching the age of seventy (70) years. The retirement system manager may retire and relieve from service any safety member who has passed the age of fifty-five (55) years or any other employee who has passed the age of sixty (60) years, who may be ascertained by the manager to be unfit for the performance of his or her duty. The manager shall, at the request of any safety member who has arrived at the age of fifty-seven (57) with twenty-five (25) years of continuous service or the age of sixty (60) with twenty (20) years of continuous service or who has thirty (30) years of such service, irrespective of age or any other employee who has passed the age of sixty-two (62) with thirty (30) years of continuous service or who has thirty-five (35) years of such service irrespective of age retire and relieve such member or employee making such application. Such retired member shall receive a retirement allowance equal to one-half the average monthly salary paid him or her one year prior to his or her retirement. No retirement allowance shall be paid under the provisions of this section unless the member has rendered at least twenty (20) years of continuous service to the city preceding his or her retirement and, except as hereinafter provided, such pension shall cease at his or her death. Dismissal of a member from service for any cause whatever after he or she has qualified as to age and/or service for service retirement shall not deprive him or her of the right to retire and receive the retirement allowance under this section. (Prior code § 34.02.201)

Any member who shall become disabled by reason of any bodily injury received in the performance of duty may be retired and if not qualified for service retirement, he or she shall receive a retirement allowance equal to seventy-five (75) percent of the average monthly salary paid him or her one year prior to his or her retirement. Such retirement allowance shall be paid until the date upon which such member would have qualified for service retirement had such member rendered service without interruption, and on and after such date such retirement allowance shall be equal to the retirement allowance such member would have received if retired for service on such date, based on the average monthly salary paid him or her one year prior to retirement, according to the rank or ranks held by him or her during the year next preceding his or her retirement. If at the time of retirement for disability, the member is qualified for retirement for service, such member shall receive a retirement allowance equal to one-half the average monthly salary paid him or her one year prior to his or her retirement. In case his or her disability shall cease, his or her allowance shall cease and he or she shall be restored to service in the rank he or she occupied at the time of his or her retirement. If an allowance is continued, in accordance with Section 2.124.170 of this chapter, because of the death of a member retired under this section, prior to the date upon which the member would have qualified for service retirement, the allowance continued shall be reduced upon such date in the same manner as the member's allowance would have been reduced had the member not died. (Prior code § 34.02.202)

Any member of the retirement system who shall become disabled from any cause not included in Section 2.124.150 of this chapter and who has completed at least twenty (20) years of continuous service to the city may be retired upon an allowance equal to one-half of the average monthly salary paid him or her one year prior to his or her retirement, such allowance to cease at his or her death, except as hereinafter provided. In case his or her disability shall cease, his or her allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Prior code § 34.02.203)

Upon the death of any member who has been retired or who, at the time of death was eligible for service retirement under the provisions of this article, leaving a surviving spouse; provided, he or she was the spouse of such member at the time of the member's retirement, he or she shall receive an allowance equal to two-thirds of the allowance received by such member or to which the member was eligible at the time of death or if the member had rendered at least twenty (20) years of service to the city, he or she shall receive an allowance equal to one-third the average monthly salary paid to the member one year prior to death; or if such surviving spouse dies or if the member leaves no surviving spouse and either the member or the member's spouse leave a child or children under the age of eighteen (18) years, such amount shall be paid to such child or children in equal shares while under the age of eighteen (18) years; provided, however, that if such surviving spouse or child or children shall marry, then such person so marrying shall thereafter receive no further allowance; and provided further, that if such deceased person leaves neither surviving spouse, nor child or children under the age of eight-een (18) years, but leaves a parent or parents dependent solely or partially upon him or her for support, an allowance shall be paid to the parent or parents during such time and in such amount as the retirement system manager may determine its necessity, but not to exceed two-thirds of the allowance received by such person or to which he or she was eligible at the time of his or her death. (Prior code § 34.02.204)

The retirement system manager shall provide as follows for the family of any member who may die as the result of injuries received in the performance of duty.

A. Should the decedent leave a surviving spouse, he or she shall, as long as he or she remains unmarried, be paid an allowance equal to one-half of the monthly salary paid the decedent at the time of death.

B. Should the decedent leave no surviving spouse, but leave any child or children under the age of eighteen (18) years or should the decedent leave a surviving spouse who shall die and leave children under the age of eighteen (18) years, such child or children collectively shall receive an allowance equal to one-half the monthly salary paid to the deceased member at the time of his or her death until the youngest child attains the age of eighteen (18) years; provided, that no child shall receive any such allowance after attaining the age of eighteen (18) years.

C. Should the decedent leave no surviving spouse or child or children, but leave a parent or parents dependent solely or partially upon him or her for support, such parent or parents so dependent shall collectively receive an allowance during such time and in such an amount as the retirement system manager may determine, but not to exceed one-half of the monthly salary paid to the decedent at the time of his or her death. (Prior code § 34.02.205)

When a safety member shall die while in the employ of the city and before retirement and if no allowance is payable to the member's surviving spouse or children, from causes other than those specified in Section 2.124.180 of this chapter and after ten (10) years of continuous service in the police or fire department, then the member's surviving spouse and if there be none then the member's children, and if there is no surviving spouse or children then the member's parent or parents, if dependent upon the member for support, shall be entitled to the sum of one thousand dollars ($1,000.00). When any member shall die before retirement and if no allowance is payable to the member's surviving spouse or children, from causes other than those specified in Section 2.124.180 of this chapter, the contributions standing to the member's credit under the retirement system shall be paid, with interest, to such beneficiary as he or she shall have nominated by written designation duly executed and filed with the retirement system manager. (Prior code § 34.02.206)

Each person who becomes a member of the retirement system under the provisions of this article shall contribute each month to the retirement system, commencing on the effective date hereof, four percent if he or she be a safety member, otherwise three and one-half percent of his or her gross salary before deduction for any reason other than absence from duty, to be applied on the cost of the benefits at death or retirement provided for him or her under this article. Should any person who is a member under the provisions of this article be separated from city service through any cause other than death or retirement, then all of his or her contributions with interest, shall be refunded to him or her. (Prior code § 34.02.207)

The contributions made under this article shall be credited to the individual account of the member from whose compensation they were deducted, and no amendment to this article or repeal thereof shall prevent the payment to the member or his or her beneficiary of such contributions made prior to the effective date of such amendment or repeal with interest upon death or other separation from city service as provided in this section. (Prior code § 34.02.208)

Persons who are miscellaneous members under this article shall have the option, to be exercised in writing, of becoming members of the retirement system under the provisions of Article III of this chapter. If such persons shall affirmatively exercise such option, then on and after the first day of the month next following such affirmative action, referred to hereinafter in this section as "effective date," they shall not receive any benefit or make any contribution under this article, but on and after such effective date shall be members of the retirement system and shall receive benefits on account of service rendered as members of the retirement system and shall make contributions on the same basis as persons who are members under Article III of this chapter. In addition to such benefits, a monthly pension shall be payable upon retirement for service to each person affirmatively exercising such option, such pension to be provided by contributions of the city and be the same percentage, regardless of the age of retirement of his or her monthly final compensation, for each year of service rendered by such person to the city prior to the first day of April, 1935, as the contributions of the member and the city are calculated to provide upon retirement at age sixty-five (65), for each year of service rendered as a member of the retirement system. The normal contribution required of each person affirmatively exercising such option shall be based on such person's nearest age at April 1, 1935, and within one year after such effective date, such person shall pay to the retirement system an amount sufficient to make the accumulated contributions credited under the retirement system to such person, equal to the amount which would have been credited had such person held membership in the retirement system under the provisions of Article III of this chapter from and after the first day of April, 1935, such payments to be made in a manner and at times, within such limit of one year, approved by the retirement system manager. (Prior code § 34.02.209)

That portion of any allowance payable because of the death or retirement of any member which is provided by contributions of the city shall be reduced, in the manner fixed by the city council, by the amount of any benefits payable to or on account of such person, under the Division 4 of the Labor Code of the state of California.

It is the express intent that payments under the Workers' Compensation Insurance and Safety Law shall be a deductible credit against any allowance under the retirement system which is provided by contributions of the city payable to or on account of the death of any such person; that double payments, in whole or in part, at the expense of the taxpayers, shall not be permitted. (Prior code § 34.02.210)

No member retired for service or disability and in receipt of a retirement allowance under this article shall serve in any appointive position in the city service, including membership on boards and commissions, nor shall such person receive any payment for service rendered, except in an elective office, to the city after retirement; provided, that service as an election officer or juror shall not be affected by this section.

Should any such member, prior to attaining the minimum age required of members in his or her class for service retirement after less than thirty (30) years of service engage in a gainful occupation, the retirement system manager shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the city, to an amount which, when added to the amount earned monthly by him or her in such occupation, shall not exceed his or her compensation at the time of retirement. (Prior code § 34.02.211)

A. Any provisions of Section 2.124.170 of this chapter to the contrary notwithstanding, any member retired for service or disability may, once and 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 on the date of retirement, is married to a different spouse on the date of death, was married to such spouse for 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 two-thirds of the member's reduced retirement allowance.

B. A retired member may make only one election under this section. The election shall be made within sixty (60) days after the date the retired member remarries, or, in the case of a retired member who, on January 1, 1980 had been married to a different spouse than at the time of retirement for more than sixty (60) days, within thirty (30) days after the date the ordinance codified in this chapter becomes effective.

C. 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 actuarial equivalent to one-half of the continuation allowance which the surviving spouse will receive. 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 become effective on the date of election.

D. Any election by a retired member for a reduced retirement allowance under this section shall constitute a waiver of any continuation allowance or allowances which might otherwise have been due under Section 2.124.170 of this chapter. (Prior code § 34.02.212)