San Francisco County Municipal Code Art. III [reserved]

ARTICLE IV:

RETIREMENT Sec. 16.29. Definitions. Sec. 16.29-1. Definitions – Actuarial Equivalent. Sec. 16.29-2. Definitions – Annuity. Sec. 16.29-3. Definitions – Beneficiary. Sec. 16.29-4. Definitions – Board. Sec. 16.29-5. Definitions – City. Sec. 16.29-6. Definitions – City and County Service. Sec. 16.29-7. Definitions – Types of Compensation. Sec. 16.29-7.1. Definitions – Compensation as Distinguished from Benefits. Sec. 16.29-7.2. Definitions – Compensation Earnable by a Member. Sec. 16.29-7.3. Definitions – Final Compensation. Sec. 16.29-7.4. Definitions – Compensation Paid in Lieu of Vacation Excluded. Sec. 16.29-7.5. Adoption of Internal Revenue Code Section 401(a)(17) Limitations. Sec. 16.29-7.6. Definitions – Compensation Paid to Offset Federal Taxation of Health Insurance Premiums Excluded. Sec. 16.29-8. Definitions – Continuous Service. Sec. 16.29-9. Definitions – Types of Contributions. Sec. 16.29-9.1. Definitions – Accumulated Additional Contributions. Sec. 16.29-9.2. Definitions – Accumulated Contributions. Sec. 16.29-9.3. Definitions – Accumulated Normal Contributions. Sec. 16.29-9.4. Definitions – Additional Contributions. Sec. 16.29-9.5. Definitions – Normal Contributions. Sec. 16.29-9.6. Definitions – Prior Contributions. Sec. 16.29-9.7. Definitions – Accumulated Prior Contributions. Sec. 16.29-9.8. Definitions – Retroactive Contributions. Sec. 16.29-9.9. Definitions – Accumulated Retroactive Contributions. Sec. 16.29-10. Definitions – Death Allowance. Sec. 16.29-11. Definitions – Employee. Sec. 16.29-12. Definitions – Member. Sec. 16.29-13. Definitions – Member or Police Department or Member of Fire Department. Sec. 16.29-14. Definitions – Pension. Sec. 16.29-15.1. Definitions – Teachers. Sec. 16.29-15.2. Definitions – Members of Police or Fire Departments. Sec. 16.29-15.10. Definitions – Employees of the Health Service System Prior to December 1, 1940. Sec. 16.29-15.11. Definitions – Excluded Because of Employment in Temporary Position. Sec. 16.29-15.12. Definitions – Prior Service in a Part-Time Position. Sec. 16.29-16. Definitions – Regular Interest. Sec. 16.29-17. Definitions – Retirement Allowance. Sec. 16.29-20. Definitions – School Department. Sec. 16.29-21. Definitions – Teacher. Sec. 16.29-22. Definitions – Charter. Sec. 16.29-23. Definitions – Gender and Number. Sec. 16.30-1. Meaning of "Average Final Compensation." Sec. 16.32. Benefits Not Subject to Garnishment, Etc., and Are Nonassignable. Sec. 16.33. Compensation for Witnesses Appearing Before Board. Sec. 16.34. Time to Apply for Benefits After Death of Member. Sec. 16.37-1. Interest Rates. Sec. 16.37-2. Actuarial Valuation. Sec. 16.37-3. Records as to Accumulated Contributions. Sec. 16.37-4. Determination of Service Credit.

Sec. 16.37-4.1. Determination of Service Credit for Certain Employees of the San Francisco Unified School District. Sec. 16.37-5. Prior Service Credit. Sec. 16.37-6. Calculation of Service Credit. Sec. 16.37-7. Calculation of Service Credit Based on Part-time Services. Sec. 16.37-8. Excess Retirement Benefits. Sec. 16.37-9. Power to Issue Subpoenas. Sec. 16.38. Estimates by Board of Length of Service, Etc. Sec. 16.41. Controller's Annual Audit. Sec. 16.42. Persons Included in the System. Sec. 16.43-1. Prior Service Credit; Employees on Hetch Hetchy Project. Sec. 16.44. Department Head to Notify of Change of Status of Members. Sec. 16.45. Duties Generally of Members and Beneficiaries. Sec. 16.46. When Membership Ceases. Sec. 16.47. Withdrawals and Redeposits. Sec. 16.48. Payments after Re-Entry into System. Sec. 16.49. Benefits to Members Under Prior Systems Continued. Sec. 16.52. Effect of Change of Police or Fire Department Member to Another Department. Sec. 16.54. Deduction of Members' Contributions; Acceptance of Cash Payments. Sec. 16.55. Additional Contributions. Sec. 16.55-1. Definition of "Public Service." Sec. 16.55-2. Election to Contribute and Receive Credit for Public Service. Sec. 16.55-3. Contributions for Public Service Credit. Sec. 16.55-4. Credit in Retirement System for Public Service. Sec. 16.55-5. Rules and Regulations. Sec. 16.55-6. Reciprocal Benefits. Sec. 16.55-7. Internal Reciprocity of Pension Benefits Within the Retirement System. Sec. 16.56. Withdrawal of Accumulated Additional Contributions Made Pursuant to Section 16.55-5. Sec. 16.61-1. Implementation of Internal Revenue Code Section 414(h)(2). Sec. 16.61-2. Adoption of Internal Revenue Code Section 415 Limitations. Sec. 16.61-3. Adoption of Internal Revenue Code Section 401 Limitations. Sec. 16.61-4. Pre-Tax Treatment of Buy Backs. Sec. 16.61-5. Acceptance of Rollovers and Transfers. Sec. 16.62. Establishment of a Supplemental Tax Deferred Plan. Sec. 16.62-1. Purpose. Sec. 16.62-2. Administration by Retirement Board. Sec. 16.62-3. Administrative Costs. Sec. 16.63. Duration of Deferred Retirement Option Program. Sec. 16.63-1. DROP Eligibility. Sec. 16.63-2. DROP Accounts. Sec. 16.63-3. Required Contributions. Sec. 16.63-4. Benefits on Completion of the DROP. Sec. 16.63-5. Disability Retirement Allowance Granted During DROP Participation. Sec. 16.63-6. Death During DROP Participation. Sec. 16.63-7. Conditions of Continued DROP Participation. Sec. 16.63-8. Compliance With Applicable Provisions of the Internal Revenue Code. Sec. 16.63-9. Authority of the Retirement Board. Sec. 16.63-10. Severability. Sec. 16.67. Payments into Fund Made Obligation of City; Appropriations to Cover Obligation. Sec. 16.70-1. Optional Allowances Upon Retirement. Sec. 16.70-3. Retirement after 3/31/66 under Paragraph (b) of Section 16.70-1. Sec. 16.70-4. Allowance Payable for Time Commencing 7/1/74. Sec. 16.71. Disability Retirement – Medical Grounds. Sec. 16.72. Firefighter and Police Officer Incapacitated with Cancer – When Presumed Contracted in the Course of Employment.

Sec. 16.72-1. Sheriff Member Incapacitated with Cancer – When Presumed Contracted in the Course of Employment. Sec. 16.74. Disability Retirement – Medical Examinations; Re-Entry into Service; Engaging in Gainful Occupation after Retirement Period. Sec. 16.75. Optional Modifications of Allowances. Sec. 16.75-1. Optional Modification of Benefits for Former Spouse. Sec. 16.76. Method of Payment of Allowances. Sec. 16.77. Position in City Service Not Permitted after Retirement; Exceptions. Sec. 16.79. Beneficiaries. Sec. 16.79-1. Special Needs Trusts as Beneficiaries – Additional Requirements. Sec. 16.80. Death Benefits. Sec. 16.80-1. Death After Retirement – Persons Retired Prior to April 1, 1966. Sec. 16.80-2. Death After Retirement – Persons Retired Prior to April 1, 1966. Sec. 16.80-3. Death After Retirement – Persons Retired Prior to April 1, 1966, who Died Prior to Effective Date of Section 16.80-1. Sec. 16.80-4. Retirement Allowance Under Optional Payment Plan No. 2 or No. 3. Sec. 16.80-5. Death After Retirement – Allowances Payable Without Modification or Pursuant to Options 1 or 2. Sec. 16.80-6. Death After Retirement – Continuation to Surviving Spouse of Female Member. Sec. 16.80-6.1. Death After Retirement – Continuation to Husband of Retired Female Member who Died Prior to Effective Date of Section 16.80-6. Sec. 16.80-7. Retirement Allowance of Female with Surviving Spouse. Sec. 16.80-8. Death Benefits – Determining Qualification for Surviving Spouse Status. Sec. 16.81. Benefits Under Public Employees' Retirement System. Sec. 16.82. Administration of Benefits Under Workers' Compensation Act. Sec. 16.84. Effect of Compensation Benefits on Other Benefits Under Article. Sec. 16.85. Police Officers and Firefighters Incapacitated with Heart Trouble or Pneumonia – When Presumed Contracted in Course of Employment. Sec. 16.86-1. Sheriff Member Incapacitated with Heart Trouble or Pneumonia – When Presumed Contracted in Course of Employment. Sec. 16.87. Waiver of Pensions – Signing and Filing; Effective Date; Waiver Forms. Sec. 16.88-1. Conditions under Section 210(L) of Federal Social Security Act. Sec. 16.88-2. Member's Option. Sec. 16.88-3. Member Covered Under Federal Social Security. Sec. 16.88-4. Member's Right to Reduce Contributions. Sec. 16.88-5. Allowance Reduced. Sec. 16.88-6. Effective Date of Coverage Under Social Security Retroactive. Sec. 16.88-7. Retirement before Minimum Age Under Social Security. Sec. 16.89-3. Purpose. Sec. 16.89-4. Persons Affected. Sec. 16.89-5. Election by Person Who "Vested." Sec. 16.89-6. Health Service System Coverage. Sec. 16.89-7. Death Benefit. Sec. 16.89-8. Health Service System Coverage – Post 6/30/72 Teachers. Sec. 16.89-9. Election for Refund – Benefits for Credited Service. Sec. 16.89-10. Funds to be Deposited with State Teachers' Retirement System. Sec. 16.89-11. Service Credit – Post 6/30/72 Teachers. Sec. 16.89-12. Permanent Fund Benefit. Sec. 16.89-13. Authority of General Manager. Sec. 16.89-14. Redeposit.

The right of a person to a pension, an annuity or a retirement allowance, to the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit, any other right or benefit accrued or accruing to any person under the provisions of this Article and the moneys in the fund created by this Article shall not be subject to execution, garnishment, attachment or any other process whatsoever and shall be unassignable, except as specifically provided by this Article. (Bill No. 1125, Ord. 4073(C.S.), Sec. 5)

Any witness called by the Retirement Board in any proceedings before said board may be compensated for his time or reimbursed in the amount of expenses and loss of wages or salary suffered by him because of such call, as determined by rule of such board. (Ord. No. 1210(1939), Sec. 1)

Proceedings before the Retirement Board for the collection of benefits provided under the Retirement System, upon the death of a member or beneficiary, must be commenced within one year from the date of death, or from the date of appointment of a guardian or trustee of the person to whom the benefits would be payable, if such person is incompetent or under 21 years of age. (Bill No. 1125, Ord. No. 4.073(C.S), Sec. 7)

If it shall be impracticable for the Retirement Board to determine from the records the length of service, the compensation or the age of any members, the Board may estimate, for the purposes hereof, such length of service, compensation or age. (Bill No. 1125, Ord. No. 4.073(C.S.), Sec. 13)

The Controller of the City and County shall annually make an audit of the Retirement System. (Bill No. 1125, Ord. No. 4.073(C.S.), Sec. 18)

(a) With the exception of members of boards and commissions, inmates of City and County institutions who are allowed compensation for such service as they are able to perform and independent contractors, all eligible employees shall become members of the retirement system. (b) "Eligible employees" shall mean: (1) All employees certified from a civil service list for permanent employment; (2) All employees appointed to a full-time permanent, civil service exempt position; (3) All City employees who have earned not less than 1,040 hours of compensation during any 12-month period; (4) All employees appointed to civil service classifications 2210 Dentist, 2220 Physician, 2222 Senior Physician, 2230 Physician Specialist, 2232 Senior Physician Specialist, 2233 Supervising Physician Specialist, 2236 Medical Advisor, 2292 Shelter Veterinarian, 2582 Forensic Pathologist or their successor classes. (c) The effective date of membership shall mean: (1) All employees certified from a civil service list for permanent employment shall be members on the appointment date; (2) All employees appointed to a full-time permanent, civil service exempt position shall be members on the appointment date; (3) All employees who first achieve eligibility concurrent with the enactment of (b)(3) above, shall have an effective date of membership on the first day of the first pay period following September 5, 1995;

(4) All employees who achieve membership under Subsection (b)(3) after September 5, 1995 by earning not less than 1,040 hours of compensation during any 12-month period shall have an effective date of membership on the first day of the first pay period following the date that he or she earns 1,040 hours of compensation; (5) All employees who achieve membership under Subsection (b)(4) shall have an effective date of membership of July 1, 1995 or on their appointment date if they are appointed to civil service classifications 2210 Dentist, 2220 Physician, 2222 Senior Physician, 2230 Physician Specialist, 2232 Senior Physician Specialist, 2233 Supervising Physician Specialist, 2236 Medical Advisor, 2292 Shelter Veterinarian, 2582 Forensic Pathologist or their successor classes after July 1, 1995. (Amended by Ord. 466-76, App. 12/3/76; Ord. 266-95, App. 8/18/95; Ord. 395-95, App. 12/22/95)

It shall be the duty of the head of each office or department to give immediate notice in writing to the Retirement Board of the change in status of any member in his office or department resulting from transfer, promotion, leave of absence, resignation, reinstatement, dismissal, death or other cause. The head of each office or department shall furnish such other information concerning any member as the Board may require. (Bill No. 1125; Ord. No. 4.073(C.S.), Sec. 24)

Each member and beneficiary shall be subject to all the provisions of this Article and to all rules and regulations adopted by the Retirement Board and shall furnish to the Board such information affecting his status as a member or beneficiary of the system as the Board may require. (Bill No. 1125, Ord. No. 4.073(C.S.), Sec. 25)

Should the City and County service of any member, in any period of 10 consecutive years, amount to less than five years, or should he die or be retired, or should he be paid more than one-quarter of his accumulated normal contribution, or should he resign or be discharged, he shall thereupon cease to be a member. (Bill No. 1125, Ord. No. 4.073 (C.S.), Sec. 26; amended by Ord. 326-00, File No. 001921, App. 12/28/2000)

Should the City and County service of a member be discontinued, except by death or retirement, he shall be paid not less than six months after the date of discontinuance such part of his accumulated contributions as he shall demand; provided, that if in the opinion of

the Retirement Board the member is permanently separated from City and County service by reason of such discontinuance, he shall be paid forthwith all of his accumulated contributions; provided, further, that the Retirement Board may in its discretion withhold for not more than one year after a member last rendered City and County service all or part of his accumulated normal contributions, if after a previous discontinuance of City and County service he withdrew all or part of his accumulated normal contributions and failed to redeposit such withdrawn amount in the Retirement Fund as provided in this Section. Any member who re-enters the Retirement System at an age less than the age for compulsory retirement applicable to him; but not otherwise, and after termination of membership because of previous withdrawal of his accumulated contributions, may elect, at any time prior to his retirement, to redeposit in the Retirement Fund, in a lump-sum or in not to exceed 36 monthly or 72 semi-monthly payments: (1) an amount equal to the accumulated contributions that he has withdrawn at one or more terminations of service, but in reverse chronological order in which they occurred; (2) an amount equal to additional interest which would have been credited to his account at the date of the election, had such contributions not been withdrawn; and (3) interest on the unpaid balance of the amount payable to the Retirement Fund, beginning on the date of such election, at the rate of interest currently being used from time to time under the system. In no event, however, shall a monthly payment on the redeposit be less than $20 and in no event shall the period for the making of installment payments extend beyond the effective date of retirement. Said election shall be made by written document filed in the office of the Retirement System prior to the effective date of retirement. If a member shall not so elect, or having so elected subsequently does not make such redeposit, he shall re-enter as a new member without credit for any service, and his rate of contribution for future years shall be the normal rate provided by the Charter or this Code. If a member elects to redeposit his accumulated normal contributions in accordance with this Section, his normal rate of contribution beginning on the first day of the calendar month following the date his election is filed in the office of the Retirement System shall be based on an age determined by adding the number of completed years of his absence from membership beginning with the earliest termination of his membership included in such redeposit, to the age upon which his normal rate of contribution, as it was prior to the termination, was based. His membership is the same as if it were unbroken by such termination. If such member never failed to redeposit accumulated contributions withdrawn from the Retirement Fund; or, if he shall redeposit such accumulated contributions upon first re-entering hereafter, and not otherwise, then he shall receive credit for prior service in the same manner as persons who become members on January 8, 1932; provided, that members under Section 8.565 of the Charter shall receive credit for such prior service even though having withdrawn no accumulated contributions they shall make no redeposit; in the event such redeposit is made by a person who is a member under Section 8.507 of the Charter, an amount equal to the accumulated normal contributions so redeposited, except accumulated normal contributions for time on and after July 1, 1965, of members who exercise a valid election provided for in Section 16.70 of this Code, shall again be held for the benefit of the member and shall no longer be included in the amounts available to meet the obligations of the City and County on account of benefits that have been granted and on account of prior service of members. (Amended by Ord. 363-69, App. 12/23/69; Ord. 326-00, File No. 001921, App. 12/28/2000)

Notwithstanding provisions in this Code to the contrary, any member of the San Francisco City and County Employees' Retirement System under Sections 8.507 or 8.509 of the Charter, who prior to January 1, 1953, elected upon one or more re-entries into the system after withdrawing his accumulated contributions from the Retirement Fund, not to redeposit such accumulated contributions, and who therefore re-entered the system as a new member without credit for any service and with a rate of contribution based on his age at such re-entry, may redeposit all of the withdrawn accumulated contributions not previously redeposited, in monthly payments, plus interest, at the respective interest rates used under the Retirement System from time to time since such re-entry, from the respective dates of re-entry to the date of payment; provided, that in no event shall any monthly payment on the redeposit, except the payment of the balance due, be less than three percent of the amount to be redeposited or 20 percent of the compensation earned during the month, whichever is the lesser. Any such member shall elect on or before the expiration of 180 days after the effective date of this Section to make or not to make such redeposit. Failure to elect shall be deemed an election not to redeposit. If a member elects under this Section to make the redeposit and does not pay in full the amount due, the portion of the redeposit paid shall be refunded to him, and his status under the Retirement System shall be the same as if he had never elected under this Section to make such redeposit. The accumulated contributions standing to the credit of such member on the effective date of this Section and his rate of contribution shall not be affected by this Section. If a member redeposits under this Section, his membership shall be the same as if he had redeposited at the time he first had the right to do so. If such redeposit is made by a member under Section 8.507 of the Charter, an amount equal to the accumulated normal contributions so deposited shall again be held for the benefit of the member and shall no longer be included in the amounts available to meet the obligations of the City and County on account of benefits that have been granted and on account of prior service of members. The contributions required of the City and County currently, as percentages of salaries of persons who are members under Section 8.509 of the Charter, shall be increased to percentages determined by the actuary as necessary to increase the reserve held by the Retirement System on account of miscellaneous members by an amount equal to the increase in liabilities under the system resulting from redeposits under this Section, by members under Sections 8.07 and 8.509 of the Charter. (Ord. No. 8081(1939), Sec. 2)

Any person who was receiving a retirement allowance or other benefit on January 8, 1932, under the San Francisco City and County Employees' Retirement System, the Police Relief and Pension Fund or the Firemen's Relief Fund, shall continue to receive such retirement allowance or other benefit, subject to the provisions of this Article, to the provisions of Section 8.543 of the Charter or to the provisions of Section 8.565 of the Charter, respectively, governing the payment of retirement allowances or other benefits. Such retirement allowances or other benefits, however, shall be paid by the Retirement System beginning with January, 1932. (Bill No. 1125, Ord. 4073(C.S.), Sec. 29)

DEPARTMENT. If a person who is a member under Sections 8.559, 8.585, 8.586 or 8.588 of the Charter shall cease to be a member of the Police or Fire Department and shall be a member under any other section of the Charter; or, if the reverse be true; then the accumulated contributions standing to his credit or redeposited by him shall remain in his individual account. (Bill No. 1125, Ord. No. 4.073(C.S.), Sec. 33; amended by Ord. 326-00, File No. 001921, App. 12/28/2000)

The Retirement Board shall certify to the head of the proper office or department and the Controller the normal rate of contribution for each member provided for by Charter or this Code, and the amount of contributions provided for in Section 16.50 and Section 16.70-1 of this Code. The head of such office or department or the Controller shall apply such rate of contribution to all of his compensation to determine the amount to be contributed by each member, and shall furnish immediately to the Retirement Board a copy of each and every such payroll. Each of such amounts shall be deducted by the Controller and shall be deposited by the Retirement Board in the Retirement Fund and shall be credited by the Retirement Board, together with regular interest, to the individual account of the member for whom the contribution was made. The Retirement Board, however, may accept cash payments by any member of amounts necessary to correct or adjust the contribution account of such member, the amount so accepted to be deposited and credited in the same manner as if deducted on a payroll and the Controller to be notified of such payment. Every member shall be deemed to consent and agree to the contribution made and provided for by this Article, and shall receipt in full for his salary or compensation, and payment less such contribution shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except his claims to the benefits to which he may be entitled under the provisions of this Article. (Amended by Ord. 65-65, App. 3/19/65; Ord. 326-00, File No. 001921, App. 12/28/2000)

TO SECTION 16.55-5. Any person who is a member of the San Francisco City and County Employees' Retirement System and has made additional contributions pursuant to Administrative Code Section 16.55 shall have the right to elect, in writing on a form furnished by the system and to be filed at the office of said system, to withdraw forthwith all or any part of his accumulated additional contributions and to receive repayment in a lump sum; provided, however, that the right of withdrawal of said funds shall be limited to not more than three in number during said employee's tenure of employment in the City and County service and membership in the Retirement System. (Amended by Ord. 226-66, App. 9/1/66)

OBLIGATION. The payments of the City and County into the San Francisco City and County Employees' Retirement Fund, as provided in former Sections 16.61 to 16.66 of this Code, and in Section 16.70-1 of this Code, are hereby made obligations of the City and County. There shall be appropriated, in the budget for each fiscal year, such amounts as are necessary to make such payments, less the portions to be paid from the several funds set forth in such sections, and the amounts so appropriated shall be provided for in the tax levy. Provision shall be made for the payment from the several funds of such amounts as shall be necessary to meet the obligations of the City and County under the Retirement System on account of employees whose compensation is or has been paid from such funds. Funds appropriated annually to the Retirement System, other than from specific fund appropriations, shall first be applied to meet the requirements for fixed charges for current and prior service for the period for which such funds are appropriated; and second shall be applied to meet the accumulated obligations of the City and County to the Retirement System. (Amended by Ord. 65-65, App. 3/19/65; Ord. 326-00, File No. 001921, App. 12/28/2000)

(a) Retirement of a member for disability shall be made by the Retirement Board upon medical examination as follows: Any member while in City and County service, or within four months after the discontinuance of City and County service, or while physically or mentally incapacitated for the performance of his duty, if such incapacity has been continuous from discontinuance of City and County service, shall be examined by one or more physicians or surgeons selected by the Retirement Board, upon the Board's own motion, upon the application of the head of the office or department in which such member is employed, or upon the application of such member or of a person acting in his behalf, stating that such member is physically or mentally incapacitated for the performance of duty and ought to be retired; provided: (1) If he is a member under Sections 8.540 or 8.565 of the Charter, such disability is claimed to result from bodily injury received in the performance of duty; (2) If he is a member under Section 8.543 or 8.567 of the Charter, he has rendered 10 or more years of continuous service or such disability is claimed to result from bodily injury received in the performance of duty; (3) If he is a member under any other Charter provision, he has rendered 10 or more years of continuous service. (b) If such medical examination and other available evidence show, to the satisfaction of the Retirement Board, that the member is physically or mentally incapacitated for the performance of duty and ought to be retired; and, if he be a member under Section 8.540 or 8.565 of the Charter, or a member under Section 8.543 or 8.567 of the Charter, and has not had 10 or more years of continuous City and County service, that the disability is the result of bodily injury received in the performance of duty, then the Retirement Board shall retire the member for disability forthwith. (c) The Retirement Board shall secure such medical services and advice as may be necessary to carry out the purposes of this Section and of Section 16.74 of this Code, and shall pay for such medical services and advice such compensation as the Board shall deem reasonable. (Bill No. 1125, by Ord. No. 4.073(C.S.), Sec. 54)

ENGAGING IN GAINFUL OCCUPATION AFTER RETIREMENT PERIOD. (a) The Retirement Board may, at its pleasure, require any beneficiary who has been retired for disability and who has not attained the age of 62 years, to undergo a medical examination, such examination to be made by a physician or surgeon appointed by the Retirement Board, at the place of residence of the beneficiary or other place mutually agreed upon. Upon the basis of such examination, the Board shall determine whether the disability beneficiary is still incapacitated, physically or mentally, for service in the office or department of the City and County where he was employed and in the position held by him when retired for disability. If the Retirement Board shall determine that the beneficiary is not so incapacitated, his retirement allowance shall be cancelled forthwith, and he shall be reinstated to

the position of the same class as that held by him when retired for disability. (b) Should a beneficiary after retirement for disability re-enter the City and County service and be eligible for membership in the Retirement System, his retirement allowance shall be cancelled and he shall immediately become a member of the Retirement System. His individual account shall be credited with an amount which shall be the actuarial equivalent, at the time of such re-entry, based on a disabled life, of the annuity which would have been purchased by his accumulated contributions at the time he or she retired. Such amount shall not exceed the City and County accumulated contribution held for his benefit on account of service as a member, at the time of his retirement. Such member shall also receive credit for prior service in the same manner as it was at the time of his retirement. (c) Should any retired person, except persons retired for service prior to January 8, 1932, and persons retired because of disability incurred in the performance of duty, engaged in a gainful occupation, prior to attaining age 62, the Retirement Board shall reduce the amount of his monthly pension as defined in this Article to an amount which, when added to the compensation earned monthly by him in such occupation, shall not exceed the amount of the compensation on the basis of which his retirement allowance was determined. Should the earning capacity of such beneficiary be further altered, the Board may further alter his pension to an amount which shall not exceed its amount when he was originally retired, but which, subject to such limitation, shall equal, when added to the compensation earned by him the amount of his compensation on the basis of which his retirement allowance was determined. When the beneficiary reaches age 62, his retirement allowance shall be made equal to the amount upon which he was originally retired, and shall not again be modified for any cause. (d) Should any beneficiary retired for disability refuse, under age 62, to submit to a medical examination, his pension may be discontinued until his withdrawal of such refusal, and should such refusal continue for one year, his retirement allowance may be cancelled. (Bill No. 1125, Ord. No. 4.073(C.S.), Sec. 56; amended by Ord. 326-00, File No. 001921, App. 12/28/2000)

A pension, an annuity, retirement allowance or death benefit allowance granted under the provisions of this Article shall be payable in equal monthly installments or in smaller pro-rata amounts when the pension, annuity, retirement allowance or death benefit allowance begins after the first day of the month or ends before the last day of the month; provided, that nothing in this Article shall prevent the payment at shorter intervals of benefits under the compensation, insurance and safety law of the state. (Bill No. 1125, Ord. No 4.073(C.S.), Sec. 58)

No person retired for service or disability and in receipt of a retirement allowance under the Retirement System shall serve in any elective or appointive position in the City and County service, including membership on boards and commissions, nor shall such person receive any payment for service rendered to the City and County after retirement; provided, that this section shall not apply to an election officer or juror or any person elected to a City office, who waives pension payments under Section 16.87. (Bill No. 1125, Ord. No. 4.073(C.S.), Sec 59; amended by Ord. 326-00, File No. 001921, App. 12/28/2000)

The Retirement Board shall administer and determine applications, under Section 21023.6 of the Government Code, for disability retirement by employees of the City and County who are "local safety members" under the Public Employees' Retirement System of the State of California. The Retirement Board is hereby authorized and empowered to perform on behalf of the City and County all of the acts required under the provisions of said Section 21023.6 of the Government Code. In those cases in which there is a dispute whether the employee's disability is industrial, the Retirement Board may apply to the Workers' Compensation Appeals Board for a determination of said question. In those cases in which the effective date of retirement is to be the date on which the disabling condition became permanent and stationary, the Retirement Board shall apply to the Workers' Compensation Board for a determination of such date. The Retirement Board is hereby authorized and empowered to make applications on behalf of the City and County for disability retirement of employees in employments in which they are "local safety members" under the Public Employees' Retirement System and to initiate requests for reinstatement of such employees who are retired for disability. The Retirement Board may adopt such rules and regulations as it deems appropriate and necessary to carry out the provisions of this Section. (Amended by Ord. 314-74, App. 6/27/74; Ord. 18-95, App. 1/25/95)

Effective December 31, 1994, the Board of Supervisors authorizes and directs the Human Resources Director to administer cases of injuries to employees, received in performance of duty. Administration of such cases shall include, but shall not be limited to: (1) Determination of the right to benefits, payment of disability indemnity, furnishing medical service, adjusting and compromising claims and all other acts necessary to the liquidation of the liability of the City under such law; (2) Exclusive authority to adjust and settle workers' compensation and third-party claims under Labor Code Sections 3600 and 3850 and related sections; (3) Authority to insure, self-insure or reinsure the workers' compensation liability of the City, the San Francisco Unified School District and the Community College District (hereinafter the "City"); (4) Authority to adopt such rules and regulations as he or she deems appropriate and necessary to liquidate the liability of the City under the workers' compensation laws; (5) Authority to adopt such rules and regulations as he or she deems appropriate and necessary to cover volunteers under the provisions of Labor Code Section 3363.5; (6) The power and authority to compel the attendance of witnesses and the production of books, papers, testimony and other evidence by subpoena in connection with any inquiry, matter, proceeding or hearing relating to the administration of workers' compensation claims involving the City. Any person refusing to obey such subpoena or to produce such books, papers, testimony or other evidence shall be deemed in contempt and subject to proceedings and penalties as provided by general law in such instances;

(7) Authority to arrange for hospitalization and medical treatment at such hospitals or other medical facilities as necessary and appropriate for employees who have been injured in the performance of duty. The Human Resources Director shall submit an annual report to the Board of Supervisors not later than September 30th of each year which includes the costs of the aforesaid hospitals and other medical providers; (8) The responsibility to keep records and accounts on self-insured, insured and reinsured risks, sufficient to permit a determination of which policy, to self-insure, insure or reinsure, is for the best interests of the City. The Human Resources Director shall determine, on the basis of payrolls, the budget necessary during each fiscal year to meet the City's workers' compensation obligations. Each office and department shall furnish such information concerning employees therein as the Human Resources Director may require in carrying out the provisions of this Section. The Human Resources Director, at the request of the Retirement Board, shall also have the authority to secure such medical services and advice as may be necessary to process disability retirement applications. The Retirement Board shall pay all costs and expenses applicable to processing and adjudicating disability retirement applications. (Bill No. 1125, Ord. No. 4.073(C.S.), Sec. 65; amended by Ord. 18-95, App. 1/25/95)

No modification of the benefits provided in this Article shall be made on account of any amounts payable to a beneficiary under the Compensation, Insurance and Safety Act, except that the portion of any retirement allowance or other benefit which is provided by contributions of the City and County, payable by the Retirement System because of the death or retirement of any member of the Fire or Police Department, as a result of injury or illness received in performance of duty shall be reduced by the amount of any benefits, other than medical benefits, payable to or on account of such member under the Workers' Compensation, Insurance and Safety Act of the State of California because of his death or the disability resulting in his retirement. If such benefits under the Compensation Act shall run concurrently with the allowance under this Article and shall be due the beneficiary in payments which are equal to or less than the portion of the retirement allowance, then such portion shall be reduced each month by the amount of such other benefits so due during the month, and the beneficiary shall have no more right to such reduction than if the Retirement System had never existed. If such benefits under the Compensation Act shall run concurrently with the allowance under this Article and shall be due to the beneficiary in payments which are greater than the portion of the retirement allowance, then payment of the portion shall be withheld until the total of the amounts so withheld shall equal the total of such other benefits paid, and the beneficiary shall have no more right to such amounts withheld than if the Retirement System had never existed. It is the purpose of the preceding paragraph of this Section to reduce the pension portion of the retirement allowance payable from the Retirement Fund by the amount due to the beneficiary concurrently with such portion under the Compensation Act, and the payment before due date by the commutation through compromise or otherwise of such other benefits shall not prevent the reduction of such portion, as provided in this Section, in the amounts which would have been payable concurrently with the retirement allowance in the absence of such commutation. If any benefits, other than medical benefits, shall have been paid concurrently with salary to the beneficiary under the Compensation Act because of a permanent disability, then payment of such portion of the retirement allowance shall be withheld until the total of the amounts so withheld shall equal the total of such benefits paid because of the permanent disability, and the beneficiary shall have no more right to such amounts withheld than if the Retirement System had never existed. Such benefits which are payable for time during which salary is not paid and prior to the effective date of the allowance shall not be considered under the provisions of this Section. (Bill No. 1125, Ord. No. 4.073(C.S.), Sec 67)

PNEUMONIA – WHEN PRESUMED CONTRACTED IN COURSE OF EMPLOYMENT. 1 Whenever any member of the Police Department or Fire Department shall become incapacitated for the performance of the member’s duty on account of heart trouble or pneumonia, which develops or manifests itself while such member is in the service of the member’s department, such heart trouble and such pneumonia shall be presumed to arise out of and in the course of the member’s employment..1 This presumption is disputable and may be controverted by other evidence, but unless so controverted, the hearing officer assigned to hear the application under Charter Section 12.102 and Charter Section A8.518 is bound to find in accordance with it. (b) Such heart trouble or pneumonia so developing or manifesting itself as described in subsection (a) shall in no case be attributed to any disease existing prior to such development or manifestation. (c) Subsections (a) and (b) apply only to:

(1) Sworn members of the Fire Department or Police Department who have served a total of five years or more in the Fire Department or Police Department. For purposes of determining whether the member has five or more years of service, time served in another fire or police department in the State of California shall be combined with service in the Fire Department or Police Department, provided that the member (A) was entitled to the same presumption of subsection (a) and prohibition against attribution of subsection (b) in the member’s prior employment and (B) became a member of the Fire Department of1 Police Department within six months after separating from the prior employment. (2) Applications for industrial disability retirement or death as a result of duty benefits under the San Francisco City and County Employees’ Retirement System (“Retirement System”). (3) Applications for benefits in connection with heart trouble or pneumonia injuries or deaths filed on or after January 1, 2015, provided that the prohibition against attribution of subsection (b) shall not apply to an application if, as of the effective date of the amendment to this Section 16.85 in Board of Supervisors File No. 190680, the hearing officer assigned to hear the application under Charter Section 12.102 and Charter Section A8.518 either (A) has rendered an initial decision on the application and the member did not request rehearing within the time specified under the Charter, or (B) has rendered an initial decision and the member timely requested rehearing under the Charter, and the hearing officer has issued a decision on rehearing. (d) Neither subsection (a) nor subsection (b) shall apply to any of the following: (1) incapacitation on account of heart trouble if there was any evidence of heart trouble identified in the physical examination of the member conducted as part of the member’s initial hire in the Fire Department or Police Department, as applicable, and (2) incapacitation on account of pneumonia if there was any evidence of pneumonia identified in the physical examination of the member conducted as part of the member’s initial hire in the Fire Department or Police Department, as applicable. (e) The Retirement System shall use the member’s eligible prior safety service in another fire or police department under subsection (c)(1) to measure the date upon which the member would be qualified for service retirement. (Ord. No. 559(1939), Sec. 1; amended by Ord. 219-19, File No. 190680, App. 10/4/2019, Eff. 11/4/2019) CODIFICATION NOTE

1. So in Ord. 219-19.

A person entitled to receive a pension may decline to accept all or part of future payments of such pension by a waiver signed and filed with the Retirement Board. Such waiver shall become effective on the date stated in the waiver and shall remain in effect until the waiving person's death or his or her filing of a signed revocation with the Retirement Board, whichever is earlier. Waivers and revocations shall be on forms furnished by the Retirement Board. On and after January 1, 1992, any person elected to a City office, who waives pension payments under this Section, shall not be subject to the limitations on reemployment or payment for service in Charter Sections 8.509(j), 8.511, 8.559-13, 8.584-10, 8.585-13, 8.586-13 and 8.588-13. (Ord. No. 167-58, Sec. 1; amended by Ord. 1-92, App. 1/6/92)