San Francisco County Municipal Code Appendix A Employment Provisions

APPENDIX A: EMPLOYMENT PROVISIONS* A7.204 Contractors' Working Conditions A8.329 Certification of Eligibles A8.341 Removal or Discharge of Permanent, Non-Probationary Employees A8.342 Disciplinary Suspensions A8.343 Fine, Suspension and Dismissal in Police and Fire Departments

A8.344 Temporary Suspension Pending Commission Hearing; Exoneration of Charges A8.345 Disciplinary Action against Striking Employees A8.346 Disciplinary Action against Striking Employees other than Members of Police and Fire Department A8.364 Authorization to Transfer Unused Sick Leave A8.365 Compensation During Parental Leave A8.365-1 Definition A8.365-2 Eligibility A8.365-3 Duration A8.365-4 Supplemental Compensation A8.365-5 Reimbursement A8.365-6 Non-Vested Benefit A8.365-7 Rules for Administration, Interpretation and Regulation of Parental Leave A8.400 General Rules for Establishing and Paying Compensation A8.401 Early Retirement Benefits Targeted to Mitigate Layoffs A8.401-1 Purpose A8.401-2 Early Retirement Benefits A8.401-3 Authority A8.401-4 Schedule A8.401-5 Eligibility A8.401-6 Notification Procedure A8.401-7 Extension A8.401-8 Costs A8.401-9 School and Community College Districts A8.401-10 Non-Vested Benefit A8.401-11 Discretionary Authority A8.402 Compensation of Teachers, Part-Time Employees and Certain Other Groups A8.403 Compensation for Registered Nurse Classifications A8.404 Salaries and Benefits of Carmen A8.404-1 FY 2009-2010 Interim Economic Provisions A8.405 Salaries of Uniformed Forces in the Police and Fire Departments A8.406 Salary Deductions A8.409 Declaration of Policy A8.409-1 Employees Covered A8.409-2 Interim Provisions A8.409-3 Obligation to Bargain in Good Faith A8.409-4 Impasse Resolution Procedures A8.409-5 Retirement Benefits A8.409-6 Employee Relations Rules A8.409-7 Retiree Health Care Trust Fund A8.409-8 FY 2009-2010 Economic Provisions and Future Proceedings A8.409-9 Miscellaneous Employees Not in the Retirement System A8.410 Reimbursement of Expenses A8.411 Payment for Repair or Replacement of Equipment A8.420 Establishment of and Membership in Health Service System A8.421 Adoption of Plans for Residents A8.422 Adoption of Plans for Members A8.423 Revision of Schedules and Compensation A8.424 Specificity Required A8.425 Persons Covered A8.426 Right of Selection A8.427 Effect of Other Charter Provisions A8.428 Health Service System Trust Fund A8.429 Contributions to Fund A8.430 "Medical Care" Defined A8.431 Limitation of Claims by Members

A8.431-1 Severability A8.432 Retiree Health Care Trust Fund A8.432-1 Additional Contributions to Retiree Health Care Trust Fund A8.440 Annual Vacations of Employees A8.441 Authorization to Transfer Vacation Credits A8.450 Municipal Railway A8.451 Police Department A8.452 Fire Department A8.500 Retirement System for Officers and Employees A8.500-1 Reciprocal Pension Benefits with the Retirement System and with Other Public Pension Plans A8.500-2 Domestic Partner Qualified Survivor Benefits A8.502 Retirement of Elective Officers A8.503 Retirement – Court Employees and Attaches A8.504 Retirement – Parking Authority Employees A8.505 Retirement – Port Authority Employees A8.506 Sheriff's Department A8.506-1 Teachers in the San Francisco Unified School District and San Francisco Community College District A8.506-2 Miscellaneous Safety Employees A8.506-3 Housing Authority Police A8.506-4 Per Diem Nurses on January 1, 1988 A8.506-5 District Attorneys, Public Defenders and Public Defender Investigators A8.507 Miscellaneous Officers and Employees on January 8, 1932 A8.508 Pacific Gas & Electric Company Employees A8.509 Retirement – Miscellaneous Officers and Employees on and after July 1, 1947 A8.510 Actuarial Tables, Rates and Valuations A8.511 Pensions of Retired Persons A8.512 Relinquishment of Certain Retirement Allowances A8.513 Credit on Current Contributions, for Certain Public Reserves Released by Withdrawal or Relinquishment by Retiring or Retired Teachers A8.514 Social Security Coverage A8.515 Compensation Insurance Payments A8.516 Disability Benefits A8.517 Elimination of Mandatory Retirement A8.518 Hearing Officer A8.519 Retirement System Credit for Representative Service A8.520 Continuous Service A8.521 Credit for Certain Military Service A8.522 Early Retirement Benefits A8.522-1 Early Retirement Benefits A8.522-2 Recalculation/Effective Date of Retirement A8.522-3 Return to Service A8.522-5 Compliance with Tax Laws A8.523 Retirement System Credit For Unpaid Parental Leave A8.523-1 Definitions A8.523-2 Eligibility A8.523-3 Election to Purchase Service Credit for Unpaid Parental Leave A8.523-4 Cost Neutrality A8.523-5 Credit in Retirement System For Unpaid Parental Leave A8.523-6 Non-Vested Benefit A8.523-7 Applicability A8.524 Retirement System Credit for Per Diem Nurse Service A8.525 Contributions to Retirement Fund A8.526 Cost of Living Adjustment in Allowances A8.526-1 Supplemental Cost of Living Benefit

A8.526-2 Cost of Living Adjustment in Allowances on and after January 10, 2009 A8.526-3 Supplemental Cost of Living Benefit on and after January 10, 2009 A8.526-4 Supplemental Cost of Living Benefit for Persons Hired on and after January 7, 2012 A8.527 Community Property Rights A8.530 Retirement – Miscellaneous Officers and Employees prior to July 1, 1947 A8.531 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired prior to July 1, 1947 A8.532 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired prior to July 1, 1952 A8.533 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired prior to July 1, 1947 A8.534 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired prior to July 2, 1952 A8.535 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired on or after July 1, 1947, and prior to April 1, 1966 A8.536 Increasing retirement allowances of Miscellaneous Officers and Employees Retired on or after July 1, 1947, and prior to July 1, 1974 A8.537 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired under Section 8.507 prior to January 1, 1972 A8.538 Increasing of Certain Retirement Allowances in Effect prior to July 1, 1977 A8.539 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired prior to July 2, 1980 A8.539-1 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired prior to July 2, 1985 A8.539-2 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired prior to July 2, 1988 A8.539-3 Increasing Retirement Allowances of Miscellaneous Officers and Employees Retired prior to July 2, 1991 A8.540 Members of the Police Department of January 8, 1932 A8.541 Salary Base, For Retirement Purposes, of Former Rank of Corporal of Police A8.542 Police Department – Retired Members and Beneficiaries on January 8, 1932 A8.543 Members of the Police Department-January 8, 1932 to July 1, 1945 A8.544 Members of the Police Department after July 1, 1945 A8.545 Definitions A8.546 Service Retirement A8.547 Retirement for Incapacity A8.548 Death Allowance A8.549 Payment of Surviving Dependents A8.550 Adjustment of Allowances A8.551 Adjustment of Allowances because of Compensation Benefits A8.552 Death Benefits A8.553 Refunds and Redeposits A8.554 Computation of Service A8.555 Sources of Funds A8.556 Right to Retire A8.557 Limitation on Employment During Retirement A8.558 Definition of "Final Compensation" – Allowances First Payable prior to July 1, 1975 A8.559 Members of the Police Department on and after July 1, 1975 A8.559-1 Definitions A8.559-2 Service Retirement A8.559-3 Retirement for Incapacity A8.559-4 Death Allowance A8.559-5 Payment to Surviving Dependents A8.559-6 Adjustment of Allowances A8.559-7 Adjustment for Compensatory Payments A8.559-8 Death Benefit A8.559-9 Refunds and Redeposits A8.559-10 Computation of Service

A8.559-11 Sources of Funds A8.559-12 Right to Retire A8.559-13 Limitation in Employment during Retirement A8.559-14 Right to Transfer A8.559-15 Vesting A8.560 Definition, Members of Fire and Police Department A8.561 Pension Provisions – Dependent of Members of Fire and Police Departments Killed in Line of Duty A8.562 Credit for Service in Underwriters' Fire Patrol A8.565 Members of Fire Department on January 8, 1932 A8.566 Fire Department – Retired Members and Beneficiaries on January 8, 1932 A8.567 Members of the Fire Department – January 8, 1932 to July 1, 1949 A8.568 Member of the Fire Department after July 1, 1949 A8.569 Definitions A8.570 Service Retirement A8.571 Retirement for Incapacity A8.572 Death Allowance A8.573 Payments to Surviving Dependents A8.574 Adjustment of Allowances A8.575 Adjustment for Compensation Payments A8.576 Death Benefit A8.577 Refunds and Redeposits A8.578 Computation of Service A8.579 Sources of Funds A8.580 Right to Retire A8.581 Limitation on Employment during Retirement A8.582 Definition of "Final Compensation" – Allowances First Payable prior to July 1, 1975 A8.584 Retirement – Miscellaneous Officers and Employees after November 1, 1976 A8.584-1 Definitions A8.584-2 Service Retirement A8.584-3 Retirement for Incapacity A8.584-4 No Adjustment for Compensation Payments A8.584-5 Death Benefit A8.584-6 Benefits upon Termination of Membership A8.584-7 Computation of Service A8.584-8 Sources of Funds A8.584-9 Right to Retire A8.584-10 Limitation on Employment during Retirement A8.584-11 Adjustment of Allowances A8.584-12 Conflicting Charter Provisions A8.584-13 Forfeiture for Crimes Involving Moral Turpitude A8.585 Members of the Fire Department on and after July 1, 1975 A8.585-1 Definitions A8.585-2 Service Retirement A8.585-3 Retirement for Incapacity A8.585-4 Death Allowance A8.585-5 Payment to Surviving Dependents A8.585-6 Adjustment of Allowances A8.585-7 Adjustment for Compensation Payments A8.585-8 Death Benefit A8.585-9 Refunds and Redeposits A8.585-10 Computation of Service A8.585-11 Sources of Funds A8.585-12 Right to Retire A8.585-13 Limitation in Employment during Retirement A8.585-14 Right to Transfer

A8.585-15 Vesting A8.585-16 Severability A8.586 Members of the Police Department after November 1, 1976 A8.586-1 Definitions A8.586-2 Service Retirement A8.586-3 Retirement for Incapacity A8.586-4 Death Allowance A8.586-5 Payment to Surviving Dependents A8.586-6 Adjustment of Allowances A8.586-7 Adjustment for Compensation Payments A8.586-8 Death Benefit A8.586-9 Refunds and Redeposits A8.586-10 Computation of Service A8.586-11 Sources of Funds A8.586-12 Right to Retire A8.586-13 Limitation on Employment during Retirement A8.586-14 Conflicting Charter Provisions A8.586-15 Vesting A8.586-16 Forfeiture for Crimes Involving Moral Turpitude A8.587 Retirement – Miscellaneous Officers and Employees on and after November 7, 2000 A8.587-1 Definitions A8.587-2 Service Retirement A8.587-3 Retirement for Incapacity A8.587-4 No Adjustment for Compensation Payments A8.587-5 Death Benefit A8.587-6 Benefits upon Termination of Membership A8.587-7 Computation of Service A8.587-8 Sources of Funds A8.587-9 Right to Retire A8.587-10 Limitation on Employment During Retirement A8.587-11 Adjustment of Allowances A8.587-12 Severability A8.587-13 Application of Plan A8.587-14 Forfeiture for Crimes Involving Moral Turpitude A8.588 Members of the Fire Department after November 1, 1976 A8.588-1 Definitions A8.588-2 Service Retirement A8.588-3 Retirement for Incapacity A8.588-4 Death Allowance A8.588-5 Payment to Surviving Dependents A8.588-6 Adjustment of Allowances A8.588-7 Adjustment for Compensation Payments A8.588-8 Death Benefit A8.588-9 Refunds and Redeposits A8.588-10 Computation of Service A8.588-11 Sources of Fines A8.588-12 Right to Retire A8.588-13 Limitation on Employment during Retirement A8.588-14 Conflicting Charter Provisions A8.588-15 Vesting A8.588-16 Forfeiture for Crimes Involving Moral Turpitude A8.590-1 Declaration of Policy A8.590-2 Employees Covered A8.590-3 Prohibition against Strikes A8.590-4 Obligation to Negotiate in Good Faith A8.590-5 Impasse Resolution Procedures

A8.590-6 Retiree Benefit Adjustments A8.590-7 Preservation of Tax Benefits A8.590-8 Retiree Health Care Trust Fund A8.590-9 Employees Not in the Retirement System A8.595 Members of the Police Department on January 1, 2003 who are Members of the Retirement System under Charter Section A8.559 A8.595-1 Definitions A8.595-2 Service Retirement A8.595-3 Retirement for Incapacity A8.595-4 Death Allowance A8.595-5 Payment to Surviving Dependents A8.595-6 Adjustment of Allowances A8.595-7 Adjustment for Compensation Payments A8.595-8 Death Benefit A8.595-9 Refunds and Redeposits A8.595-10 Computation of Service A8.595-11 Sources of Funds A8.595-12 Right to Retire A8.595-13 Limitation in Employment During Retirement A8.595-14 Vesting A8.595-15 Severability A8.596 Members of the Fire Department on January 1, 2003 who are Members of the Retirement System under Charter Section A8.585 A8.596-1 Definitions A8.596-2 Service Retirement A8.596-3 Retirement for Incapacity A8.596-4 Death Allowance A8.596-5 Payment to Surviving Dependents A8.596-6 Adjustment of Allowances A8.596-7 Adjustment for Compensation Payments A8.596-8 Death Benefit A8.596-9 Refunds and Redeposits A8.596-10 Computation of Service A8.596-11 Sources of Funds A8.596-12 Right to Retire A8.596-13 Limitation in Employment During Retirement A8.596-14 Vesting A8.596-15 Severability A8.597 Members of the Police Department on January 1, 2003 who are Members of the Retirement System under Charter Section A8.586, and Members of the Police Department after January 1, 2003 A8.597-1 Definitions A8.597-2 Service Retirement A8.597-3 Retirement for Incapacity A8.597-4 Death Allowance A8.597-5 Payment to Surviving Dependents A8.597-6 Adjustment of Allowances A8.597-7 Adjustment for Compensation Payments A8.597-8 Death Benefit A8.597-9 Refunds and Redeposits A8.597-10 Computation of Service A8.597-11 Sources of Funds A8.597-12 Right to Retire A8.597-13 Limitation on Employment During Retirement A8.597-14 Severability A8.597-15 Vesting A8.597-16 Forfeiture for Crimes Involving Moral Turpitude

A8.598 Members of the Fire Department on January 1, 2003 who are Members of the Retirement System under Charter Section A8.588, and Members of the Fire Department after January 1, 2003 A8.598-1 Definitions A8.598-2 Service Retirement A8.598-3 Retirement for Incapacity A8.598-4 Death Allowance A8.598-5 Payment to Surviving Dependents A8.598-6 Adjustment of Allowances A8.598-7 Adjustment for Compensation Payments A8.598-8 Death Benefit A8.598-9 Refunds and Redeposits A8.598-10 Computation of Service A8.598-11 Sources of Funds A8.598-12 Right to Retire A8.598-13 Limitation on Employment During Retirement A8.598-14 Severability A8.598-15 Vesting A8.598-16 Forfeiture for Crimes Involving Moral Turpitude A8.599 Tax-Deferred Plans for Accumulated Compensation A8.600 Miscellaneous Officers and Employees on and After July 1, 2010 A8.600-1 Definitions A8.600-2 Service Retirement A8.600-3 Retirement for Incapacity A8.600-4 No Adjustment for Compensation Payments A8.600-5 Death Benefit A8.600-6 Benefits Upon Termination of Membership A8.600-7 Computation of Service A8.600-8 Sources of Funds A8.600-9 Right to Retire A8.600-10 Limitation on Employment During Retirement A8.600-11 Adjustment of Allowances A8.600-12 Severability A8.600-13 Application of Plan A8.600-14 Forfeiture for Crimes Involving Moral Turpitude A8.601 Members of the Fire Department on and After July 1, 2010 A8.601-1 Definitions A8.601-2 Service Retirement A8.601-3 Retirement for Incapacity A8.601-4 Death Allowance A8.601-5 Payment to Surviving Dependents A8.601-6 Adjustment of Allowances A8.601-7 Adjustment for Compensation Payments A8.601-8 Death Benefit A8.601-9 Refunds and Redeposits A8.601-10 Computation of Service A8.601-11 Sources of Funds A8.601-12 Right to Retire A8.601-13 Limitation on Employment During Retirement A8.601-14 Severability A8.601-15 Vesting A8.601-16 Forfeiture for Crimes Involving Moral Turpitude A8.602 Members of the Police Department on and After July 1, 2010 A8.602-1 Definitions A8.602-2 Service Retirement A8.602-3 Retirement for Incapacity

A8.602-4 Death Allowance A8.602-5 Payment to Surviving Dependents A8.602-6 Adjustment of Allowances A8.602-7 Adjustment for Compensation Payments A8.602-8 Death Benefit A8.602-9 Refunds and Redeposits A8.602-10 Computation of Service A8.602-11 Sources of Funds A8.602-12 Right to Retire A8.602-13 Limitation on Employment During Retirement A8.602-14 Severability A8.602-15 Vesting A8.602-16 Forfeiture for Crimes Involving Moral Turpitude A8.603 Miscellaneous Officers and Employees on and after January 7, 2012 A8.603-1 Definitions A8.603-2 Service Retirement A8.603-3 Retirement for Incapacity A8.603-4 No Adjustment for Compensation Payments A8.603-5 Death Benefit A8.603-6 Benefits upon Termination of Membership A8.603-7 Computation of Service A8.603-8 Sources of Funds A8.603-9 Right to Retire A8.603-10 Forfeiture for Crimes Involving Moral Turpitude A8.603-11 Limitation on Employment During Retirement A8.603-12 Adjustment of Allowances A8.603-13 Application of Plan A8.603-14 Severability A8.604 Members of the Fire Department on and after January 7, 2012 A8.604-1 Definitions A8.604-2 Service Retirement A8.604-3 Retirement for Incapacity A8.604-4 Death Allowance A8.604-5 Payment to Surviving Dependents A8.604-6 Adjustment of Allowances A8.604-7 Adjustment for Compensation Payments A8.604-8 Death Benefit A8.604-9 Refunds and Redeposits A8.604-10 Computation of Service A8.604-11 Sources of Funds A8.604-12 Right to Retire A8.604-13 Forfeiture for Crimes Involving Moral Turpitude A8.604-14 Limitation on Employment During Retirement A8.604-15 Deferred Retirement A8.604-16 Severability A8.604-17 Applicability A8.605 Members of the Police Department on and after January 7, 2012 A8.605-1 Definitions A8.605-2 Service Retirement A8.605-3 Retirement for Incapacity A8.605-4 Death Allowance A8.605-5 Payment to Surviving Dependents A8.605-6 Adjustment of Allowances A8.605-7 Adjustment for Compensation Payments A8.605-8 Death Benefit A8.605-9 Refunds and Redeposits

A8.605-10 Computation of Service A8.605-11 Sources of Funds A8.605-12 Right to Retire A8.605-13 Forfeiture for Crimes Involving Moral Turpitude A8.605-14 Limitation on Employment During Retirement A8.605-15 Deferred Retirement A8.605-16 Severability A8.606 Undersheriffs and Deputized Personnel of the Sheriff's Department Before July 1, 2010 A8.606-1 Definitions A8.606-2 Service Retirement A8.606-3 Retirement for Incapacity A8.606-4 Death Allowance A8.606-5 Payment to Surviving Dependents A8.606-6 Adjustment of Allowances A8.606-7 Adjustment for Compensation Payments A8.606-8 Death Benefit A8.606-9 Refunds and Redeposits A8.606-10 Computation of Service A8.606-11 Sources of Funds A8.606-12 Right to Retire A8.606-13 Limitation on Employment During Retirement A8.606-14 Deferred Retirement A8.606-15 Forfeiture for Crimes Involving Moral Turpitude A8.606-16 Severability A8.607 Undersheriffs and Deputized Personnel of the Sheriff's Department Hired after July 1, 2010 and Before January 7, 2012 A8.607-1 Definitions A8.607-2 Service Retirement A8.607-3 Retirement for Incapacity A8.607-4 Death Allowance A8.607-5 Payment to Surviving Dependents A8.607-6 Adjustment of Allowances A8.607-7 Adjustment for Compensation Payments A8.607-8 Death Benefit A8.607-9 Refunds and Redeposits A8.607-10 Computation of Service A8.607-11 Sources of Funds A8.607-12 Right to Retire A8.607-13 Limitation on Employment During Retirement A8.607-14 Deferred Retirement A8.607-15 Forfeiture for Crimes Involving Moral Turpitude A8.607-16 Severability A8.608 Sheriff, Undersheriff and Deputized Personnel of the Sheriff's Department Assuming Office on and after January 7, 2012 A8.608-1 Definitions A8.608-2 Service Retirement A8.608-3 Retirement for Incapacity A8.608-4 Death Allowance A8.608-5 Payment to Surviving Dependents A8.608-6 Adjustment of Allowances A8.608-7 Adjustment for Compensation Payments A8.608-8 Death Benefit A8.608-9 Refunds and Redeposits A8.608-10 Computation of Service A8.608-11 Sources of Funds A8.608-12 Right to Retire

A8.608-13 Forfeiture for Crimes Involving Moral Turpitude A8.608-14 Limitation on Employment During Retirement A8.608-15 Deferred Retirement A8.608-16 Severability A8.609 Miscellaneous Safety Personnel Hired Before January 7, 2012 A8.609-1 Definitions A8.609-2 Service Retirement A8.609-3 Retirement for Incapacity A8.609-4 Death Allowance A8.609-5 Payment to Surviving Dependents A8.609-6 Adjustment of Allowances A8.609-7 Adjustment for Compensation Payments A8.609-8 Death Benefit A8.609-9 Refunds and Redeposits A8.609-10 Computation of Service A8.609-11 Sources of Funds A8.609-12 Right to Retire A8.609-13 Limitation on Employment During Retirement A8.609-14 Deferred Retirement A8.609-15 Forfeiture for Crimes Involving Moral Turpitude A8.609-16 Severability A8.610 Miscellaneous Safety Personnel Hired on and after January 7, 2012 A8.610-1 Definitions A8.610-2 Service Retirement A8.610-3 Retirement for Incapacity A8.610-4 Death Allowance A8.610-5 Payment to Surviving Dependents A8.610-6 Adjustment of Allowances A8.610-7 Adjustment for Compensation Payments A8.610-8 Death Benefit A8.610-9 Refunds and Redeposits A8.610-10 Computation of Service A8.610-11 Sources of Funds A8.610-12 Right to Retire A8.610-13 Forfeiture for Crimes Involving Moral Turpitude A8.610-14 Limitation on Employment During Retirement A8.610-15 Deferred Retirement A8.610-16 Severability A8.611 Public Safety Communications Personnel A8.900 Preamble. A8.901 Eligibility to Participate in the Deferred Retirement Option Program. A8.902 Effect of Disability on Continued Participation. A8.903 The Effect of Participation in the DROP Upon Pension Benefit Calculations. A8.904 Establishment of the DROP Account. A8.905 Rights of Surviving Spouse, Domestic Partner, or Dependents. A8.906 Termination of Participation in the DROP. A8.907 Employment Status of the Member During Participation in the DROP. A8.908 Compliance with Tax Laws. A8.909 Determination of Cost Neutrality. A8.910 Withdrawal or Rollover of DROP Accounts.

The appointing officer may, for disciplinary purposes, suspend a subordinate for a period not exceeding 30 days; and suspension shall carry with it the loss of salary for the period of suspension. The suspended employee shall be notified in writing of the reason for such suspension, and if the suspension be for more than five days the employee shall, at his request, be given a hearing by the appointing officer. The decision of the appointing officer in all cases of suspension for disciplinary purposes shall be final.

COMMISSION HEARING; EXONERATION OF CHARGES In the circumstances listed in Section A8.341 the chief of the police department and the chief of the fire department may temporarily suspend a member of the respective department pending a hearing before the police or fire commission on disciplinary charges against the member, and the member shall be entitled to a prompt administrative hearing to determine if he or she should remain suspended pending the outcome of the commission proceedings. If a member of the uniformed ranks of the police and fire departments is suspended by the chief of the respective department pending hearing before the police or fire commission for charges filed against him and subsequently takes a voluntary leave of absence without pay pending his trial before the commission, and, if after such trial he is exonerated of the charges filed against him, the commission shall order payment of salary to such member for the time under suspension and may, in its discretion, order payment of salary to such member for the time on voluntary leave of absence without pay, and the report of such suspension and leave of absence without pay shall thereupon be expunged from the record of service of such member. (Added November 2003)

LEAVE (a) Employees of the City and County of San Francisco may transfer their unused accumulated sick leave to other employees of the City and County of San Francisco who have been determined to be catastrophically ill, and who have exhausted their vacation allowance, sick leave and compensatory time off, provided that such determination and such transfer may be made only in compliance with the terms and conditions established by ordinance adopted by the Board of Supervisors.

(b) Notwithstanding Sections 8.360 and 8.363 of this Charter, within sixty (60) days of the effective date of this section, the Health Commission, Civil Service Commission, and Retirement Board shall conduct a joint hearing to consider and develop recommendations for submission to the Board of Supervisors. The Board of Supervisors shall adopt an ordinance, as provided in subsection (a), and establish any rules necessary to administer, interpret, and regulate the provisions of this section, provided that all such rules shall be approved, amended, or rejected by resolution by the Board of Supervisors. (Amended November 1999)

Under federal, state and local law, employees are entitled to take an unpaid leave of absence in the event of pregnancy disability or to care for a child after birth or placement for adoption or foster care. But employees may not have the financial resources to take advantage of this leave. This section provides compensation to supplement state disability insurance payments, paid sick leave, compensatory time, and other forms of paid leave, to ensure that an employee will receive the equivalent of the employee's salary for 12 weeks, or, if the employee is temporarily disabled by pregnancy, up to 16 weeks, while on approved leave. In accordance with this section, eligible employees on approved Parental Leave shall receive Supplemental Compensation as set forth herein. Nothing in this section shall be construed to expand, reduce or otherwise affect the total amount of leave time available to employees under federal, state, or local law, Civil Service Commission rules, or applicable memoranda of understanding between the City and County of San Francisco and employee organizations. This section is intended to supplement other available sources of income during specified periods of leave to which the employee is otherwise eligible. Except for leave mandated by law, requests for leave continue to be subject to the approval of the appointing officer. (Added November 2002; amended November 2015)

A8.365 2 ELIGIBILITY The following Employees shall be eligible to receive compensation as set forth herein: (a) Permanent, provisional, and exempt Employees whose normal work week is not less than 20 hours upon completion of six months of continuous service; and (b) All other Employees of the City and County of San Francisco, including "as needed" Employees, who have worked 1040 hours in the 12 months prior to the beginning of the Parental Leave and whose average work week is not less than 20 hours. (Added November 2002; amended November 2015)

Employees shall receive Supplemental Compensation as set forth herein for a period not to exceed 12 weeks while on approved Family Medical Leave. Employees who take approved Temporary Pregnancy Disability Leave shall receive up to an additional 4 weeks of compensation. Such compensation shall be subject to the conditions set forth in Section A8.365-4. (Added November 2002; amended November 2015)

Any individual receiving compensation pursuant to this section shall execute an agreement providing that if the individual voluntarily separates from City service prior to returning to work for at least six months, the compensation described in Section A8.365-4 shall be treated as a loan payable with interest at a rate equal to the greater of (i) the rate received for the concurrent period by the Treasurer's Pooled Cash Account or (ii) the minimum amount necessary to avoid imputed income under the Internal Revenue Code of 1986, as amended from time to time, and any successor statute. Unless an alternative repayment schedule is agreed to by the City and the individual, such loan shall be payable in equal monthly installments over a period not to exceed 5 years, commencing 30 days following the individual's separation from City employment. (Added November 2002)

This Charter section creates no vested benefits. The voters expressly reserve the right to review the City's parental leave policy and the benefits provided in this section and may alter or repeal such benefits for any or no reason. A8 365-7 RULES FOR ADMINISTRATION INTERPRETATION AND REGULATION OF

PARENTAL LEAVE Within 120 days of approval by the voters of this Amendment, the Department of Human Resources shall develop any procedures necessary to administer, interpret, and regulate the provisions of this section, provided that all such rules shall be approved, amended, or rejected by ordinance by the Board of Supervisors. The amendments of this section contained in the proposition therefor submitted to the electorate on November 5, 2002 shall be effective July 1, 2003. (Added November 2002)

The current fiscal crisis requires the City and County to lay off employees to balance its budget. The need for such layoffs is expected to continue through fiscal years 2003-2004 and 2004-2005. The purpose of this early retirement measure is to: (1) encourage employees in classifications identified for layoff, due to cuts in City and County services or functions, to take early retirement, (2) minimize the effects of layoffs on employees already laid off from these classifications by increasing the possibility of return from holdover lists, (3) achieve good labor relations by extending the benefits to eligible employees who were laid off after March 1, 2003, but before the date this measure was enacted, (4) limit early retirement benefits to employees in classifications identified for layoffs, (5) provide for certification by the Controller that the number of employees selected for early retirement benefits in each classification shall not exceed the number of employees separated due to layoff, and (6) provide for participation by the School District and the Community College District. (Added November 2003)

The following criteria govern those employees eligible to receive the early retirement benefit set forth in Section A8.522 of the Charter. (Added November 2003)

During fiscal years 2003-2004 and 2004-2005, the Mayor shall identify, subject to confirmation by the Controller and the Director of the Department of Human Resources ("Director"): (A) City and County services or functions that have been terminated or reduced during the fiscal year because of budget constraints, and (B) The classifications of positions that have been eliminated in the budget for the fiscal year because of the termination or reduction of City and County services or functions ("Identified Classifications"). (Added November 2003)

The determinations made by the Mayor, Controller and the Director under Section A8.401-3, above, shall be made after the Board of Supervisors has enacted the budget for the fiscal year or adopted a supplemental change to the budget. (Added November 2003)

The Director shall notify in writing those employees eligible for early retirement benefits, with a copy to the Retirement System, and shall set a deadline for the employees to retire, not to exceed 30 days after notification. (Added November 2003)

This program may be extended by a three-fourths vote of the Board of Supervisors. The Board may authorize an extension limited to fiscal years 2005-2006 and 2006-2007. (Added November 2003)

The City and County, not the Retirement System, shall bear the costs of identifying and giving notice, as described in this section, to employees eligible for the early retirement benefit. (Added November 2003)

For the purpose of offering early retirement benefits to their eligible employees, the San Francisco Unified School District and the San Francisco Community College District, through their authorized officials, shall exercise the authority granted in Section A8.401-3 to identify classifications of positions, held by employees enrolled in the San Francisco Retirement System, that meet the criteria in Section A8.401-3. Any offer of early retirement benefits to School District or Community College District employees shall be governed by the criteria, limitations and procedures set forth in Sections A8.401-3 through A8.401-8 above. The determinations made in Section A8.401- 3 by the School District or the Community College District shall be made after the governing bodies of the School District or Community College District, as appropriate, have adopted the budget for the fiscal year or adopted a supplemental change to the budget. (Added November 2003)

This Section and Section A8.522 do not create vested rights in any employee who has not yet retired under this Section. The voters expressly reserve the right to alter or repeal for any reason the early retirement benefits provided in this Section and Section A8.522. (Added November 2003)

The determinations made under this Section are within the sole discretion of the City and County, School District and Community College District. In adopting this Charter amendment the voters intend to grant broad discretion to City and County officials, including

the Director and the Controller, as well as appropriate School District and Community College District officials. The voters intend that courts grant deference to these officials' interpretations and applications of the provisions of this Charter amendment. The voters intend that courts defer to the decisions of these officials unless they are devoid of any conceivable basis in reason. The voters do not intend to impose any duties on the City and County, or its officials, including the Director and Controller, or on the School District, Community College District, or their officials, for breach of which any aggrieved party may recover damages, attorneys fees or costs. (Added November 2003)

EMPLOYEES AND CERTAIN OTHER GROUPS Compensations of the teaching and other technical forces of the school department and employees of the Steinhart Aquarium and law library departments, construction employees engaged outside of the City and County, part-time employees, and inmate and institutional help receiving less than $50 per month, shall be fixed by the department head in charge thereof, with the approval of the board or commission, if any, in charge of the department concerned and subject to the budget and appropriation provisions of this Charter; provided that part-time employees shall be recorded as such by a principal executive, only with approval of the civil service commission and, when so recorded, shall be noted as part-time on payrolls, budget estimates, salary ordinance and similar documents.

(a) The wages, conditions and benefits of employment of the various classifications of employment of platform employees and coach or bus operators of the municipal railway as compensation shall be determined pursuant to Charter section A8.409 et seq. as modified by Charter section 8A.104. (b) In the first MOU negotiated or awarded through arbitration pertaining to transit operators covered by this section after the November 2010 general election, the Agency's contribution for active employee health coverage shall not be less than the City contribution for the majority of other employees covered by section A8.409 et seq. for the employee only, and at each level of dependent coverage provided under the Health Service System. This subsection may be waived upon the mutual consent of the Agency and the employee organization representing transit operators. (Amended by Proposition A, Approved 11/6/2007; Proposition G, Approved 11/2/2010)

Notwithstanding any other provision of Charter Section A8.404, for the fiscal year commencing July 1, 2009, and ending on June 30, 2010, all economic provisions (including but not limited to wages, premium pay rates, overtime, any employer pickup of the employees' retirement contribution, paid time off, and other compensation, but not including any trust fund contributions required under Section A8.404(f)) shall not be increased for miscellaneous City and County platform employees, and coach or bus operators of the municipal railway, above the levels set in, place as of close of business June 30, 2009, nor may new economic provisions be added. (Added by Proposition B, 6/3/2008)

Except in the discharge of routine duties, traveling and payment of expenses therefor shall be authorized only by ordinance; provided, that allowances therefor shall not exceed cost of transportation, including Pullman charges, if any, and a reasonable amount per diem for necessary expenses, which per diem shall be fixed annually by ordinance and shall be applicable to all officers and employees.

EQUIPMENT Notwithstanding the provisions of Sections 8.400(a) and (c) through (g), 8.401, 8.402, 8.403, 8.405(a) and 8.405(c), or any other provision of this Charter, the Board of Supervisors may provide by ordinance for the payment of the costs of replacing or repairing equipment, property, or prostheses of any uniformed officer or employee of the police department, fire department, sheriff's office or municipal railway, such as, but not confined to eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by such employee when any such items are damaged in the line of duty without fault of the employee. If the items are damaged

beyond repair, the actual value of such items may be paid. The value of such items shall be determined as of the time of the damage thereto. The board by a three-fourths vote of all of its members may make similar provision in relation to any other officer or employee where it finds that the damage or loss was occasioned by unusual circumstances or the occurrence of an extraordinary event. The board is authorized to enact any and all ordinances necessary to carry out the provisions of this section.

HEALTH SERVICE SYSTEM A health service system is hereby established. Said system shall be administered by the human resources department subject to the approval of the health service board. The members of the system shall consist of all permanent employees, which shall include officers of the City and County, of the San Francisco Unified School District, and of the Parking Authority of the City and County of San Francisco and such other employees as may be determined by ordinance, subject to such conditions and qualifications as the Board of Supervisors may impose, and such employees as may be determined by collective bargaining agreement. Any employee who adheres to the faith or teachings of any recognized religious sect, denomination or organization and, in accordance with its creed, tenets or principles, depends for healing upon prayers in the practice of religion shall be exempt from the system upon filing annually with the human resources department an affidavit stating such adherence and dependence and disclaiming any benefits under the system. The human resources department shall have the power to exempt any person whose compensation exceeds the amount deemed sufficient for self coverage and any person who otherwise has provided for adequate medical care. Any claim or request for exemption denied by the human resources department may be appealed to the health services board.

Subject to the requirements of state law and the budgetary and fiscal provisions of the Charter, the Health Service Board is authorized by a two-thirds vote of the entire membership of the Health Service Board to adopt a plan or plans or make other provision for health or dental benefits for residents of the City and County of San Francisco. Such plan or plans shall not become effective until approved by an ordinance of the Board of Supervisors adopted by three-fourths of its members. Residents shall not by virtue of enrolling in such plan or plans become members of the Health Service System. The Health Service System Fund shall not be used to provide any benefits under this section. The Health Service Board shall adopt rules and regulations to administer this section. The determinations made under this section, including but not limited to whether to adopt a plan or plans, what benefits to offer, determination of eligibility, and the fixing and allocation of the cost of any plan or plans, are within the sole discretion of the City and County and its officials. (Amended November 2004)

The board shall have power and it shall be its duty by a majority vote of the entire membership of the health service board to adopt a plan or plans for rendering medical care to members of the system, or for the indemnification of the cost of said care, or for obtaining and carrying insurance against such costs or for such care. Such plan or plans as may be adopted, shall not become effective until approved by ordinance of the Board of Supervisors, adopted by three-fourths of its members. The Board of Supervisors shall secure an actuarial report of the costs and effect of any proposed change in the benefits of the health service system or rates of contribution before enacting an ordinance or before voting to submit any proposed Charter amendment providing for such change. (Amended November 2004; Proposition C, Approved 11/8/2011)

Each plan for medical care shall make detailed and specific provision for the benefits to be provided thereunder and for the rates of contribution required to support the plan.

No member of the health service system shall be required to accept the services or medical supplies of any physician (physician includes physicians and surgeons, optometrists, dentists, chiropodists and osteopathic and chiropractic practitioners licensed by California State Law and within the scope of their practice as defined by California State Law), person licensed to treat human diseases without the use of drugs, nurse, pharmacist or hospital selected by the health service board, but, subject to rules and regulations of that board, every member shall have the right to select, of his or her own choice, a duly licensed physician, as defined herein, person licensed to treat human diseases without the use of drugs, nurse, pharmacist, hospital or other agency of medical care as herein defined, who or which is made available through health service system plans; and the health service board shall make provision for the exercise of such selection; and is hereby expressly prohibited from entering into any exclusive contract for the rendering of said service. A duly licensed physician, as defined herein, person licensed to treat human diseases without the use of drugs, nurse, pharmacist, hospital or other agency of medical care shall have the right to furnish such services or medical supplies at uniform rates of compensation to be fixed by the health service board. (Amended by Proposition C, Approved 11/8/2011)

Except as otherwise specifically provided herein, all provisions of the Charter shall be fully applicable to the health service board, the health service system and its administrator, medical director and employees in the same manner that they apply to other boards, commissions, and departments of the City and County. (Amended November 2004)

The health service board shall determine and certify to the controller the amount to be paid monthly by the members of the system to the health service system fund for the purposes of the system hereby created. The controller shall deduct said sums from the compensation of the members and shall deposit the same with the treasurer of the City and County to the credit of the health service system fund. Such deductions shall not be deemed to be a reduction of compensation under any provision of this Charter. The health service board shall have control of the administration and investment of the health service system fund, provided that all investments shall be of the character legal for insurance companies in California. Disbursements from the fund shall be made only upon audit by the controller and the controller shall have and exercise the accounting and auditing powers over the health service system fund which are vested in him by this Charter with respect to all other municipal boards, officers and commissions. A8.430 "MEDICAL CARE" DEFINED The term "medical care" shall be defined by the health service board. All acts performed and services rendered under the provisions of this section shall be performed in accordance with the provisions as to professional conduct prescribed by the statutes of the State of California regulating such professional conduct and services.

Except as herein provided, members of the system shall have and possess no claim or recourse against any of the funds of the municipality by virtue of the adoption or operation of any plan for rendering medical care, indemnifying costs of said care or carrying insurance against such costs, but except as herein provided, the claim and recourse of any such member shall be limited solely to the funds of the system. All expenses of the system shall be paid exclusively from the health service system fund, and, except as herein provided, the City and County and the San Francisco Unified School District shall not appropriate or contribute funds in any manner for the purposes of the system hereby established and provided.

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Charter Sections 12.200 through 12.203 or A8.420 through A8.431, or with any part thereof, shall be superseded by the contents of Charter Sections 12.200 through 12.203 or A8.420 through A8.431. Charter Sections 12.200 through 12.203 or A8.420 through A8.431 shall be interpreted to be consistent with all federal and state laws, rules and regulations. If any of the words, phrases, clauses, sentences, subsections, or provisions of Charter Sections 12.200 through 12.203 or A8.420 through A8.431 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, or provisions of Charter Sections 12.200 through 12.203 or A8.420 through A8.431. If any words, phrases, clauses, sentences, subsections, or provisions of Charter Sections 12.200 through 12.203 or A8.420 through A8.431 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Charter Sections 12.200 through 12.203 or A8.420 through A8.431 which can be given effect. Charter Sections 12.200 through 12.203 or A8.420 through A8.431 shall be broadly construed to achieve their stated purpose. (Added by Proposition C, Approved 11/8/2011)

CREDITS (a) Employees of the City and County of San Francisco may transfer their vested vacation allowance credits to other employees of the City and County of San Francisco who have been determined to be catastrophically ill by the employee's head of department, in accord with the definition of catastrophic illness to be provided by the Health Commission, and who have exhausted their vacation allowance, sick leave and compensatory time off, provided that such transfer may be made only in compliance with the terms and conditions established by the Board of Supervisors. By ordinance, the Board of Supervisors may extend such vacation credit transfer rights to City employees for use as family leave to care for catastrophically-ill spouses, domestic partners or other dependents as defined in the Internal Revenue Code (26 U.S.C. sec. 152), as amended from time to time.

(b) The Board of Supervisors is hereby empowered to enact any and all ordinances necessary to administer, interpret and regulate the provisions of this section. (Amended November 1999)

Persons employed as platform men or bus operators in the operating department of the municipal railway system shall be subject to the following conditions of employment: The basic hours of labor shall be eight hours, to be completed within 10 consecutive hours, and there shall be two days off, consecutive where practicable, in each week. All labor performed in excess of eight hours in any one day, or after a spread of 10 consecutive hours in any one day, or five days in any one week, shall be paid for at the rate of time and one-half. Conductors and motormen may be assigned to duty as bus operators and while assigned to such duty they shall receive the compensation fixed for such service. Such assignment shall be governed by seniority of service, subject to a qualifying test by the railroad management as to competency and to state laws as to qualifications and licensing.

Elective officers, including members of the Board of Supervisors in office on and after July 1, 2000, but excepting members of all other boards and commissions and any elective officers who are members of the Public Employees' Retirement System, shall be members of the San Francisco City and County Employees' Retirement System under the miscellaneous plan in effect on the date such officer assumes office. Time during which said members have rendered service as elective officers shall be included under Subsection (g) of Section A8.509, Section A8.584-7 or the miscellaneous plan in effect on the date such officer assumes office, in addition to other time now so included. Contributions required to provide benefits based on service rendered as an elective officer prior to the effective date of membership in the Retirement System, shall be paid to the Retirement System in a manner consistent with contributions required of miscellaneous members for temporary service as provided in this Charter and the administrative code. (Amended March 2000)

EMPLOYEES The Board of Supervisors shall have the power to provide by ordinance retirement benefits for persons who become employees of the City and County of San Francisco under any lease, or other temporary arrangement, entered into between said City and County and the Pacific Gas & Electric Company, and because of their employment by said company at the effective date of said lease, or other temporary arrangement. The effect of said ordinance shall be to provide essentially the same retirement benefits for said employees on account of service rendered under said lease, or other temporary arrangement, as if said persons had been employees of said company throughout the term of said lease. The further effect of said ordinance shall be to provide for permanent retirement rights for said persons, in the event they become employees of said City and County upon purchase or other permanent acquisition of the properties of said company, essentially the same benefits on account of service rendered as employees of said City and County, as they would have received if they had been members

throughout said service of the San Francisco City and County Employees Retirement System on the same basis as other employees of said City and County, except members of fire or police departments.

Notwithstanding the provisions of Subsection (b) of Section 8.509 and Section 8.584-2, members subject to said sections shall not be required to retire upon attainment of the age of 65 years. Any member who attains the age of 65 years with less than 10 years of credited service in the aggregate in the Retirement System and who would have been subject to compulsory retirement upon the attainment of the age of 65 years in the absence of the provisions of this Section 8.517 may elect to retire upon the first day of the month next following the month in which he or she attains the age of 65 years and receive the allowance he or she would have received if this Section 8.517 had not been in effect; provided, however, that any such member who elects not to so retire and continues as a member after the first day of the month next following his or her attainment of the age of 65 years shall not be entitled to receive a service retirement allowance until completion of the years of credited service required by the provisions of said Subsection (b) of Section 8.509 or Section 8.584-2, as the case may be, in order to qualify for service retirement. The provisions of this Section 8.517 do not and shall not entitle any person retired under the Retirement System to be re-employed.

Under this section, certain employees may become eligible to receive early retirement benefits. These early retirement benefits shall

only apply to members who are certified under section A8.401 and who retire with an effective date of retirement within the time limit established by the notice in Section A8.401-6. As used in this section, the term "early retirement benefits" means increasing an eligible employee's age and credited service for both qualification and benefit computation purposes by three (3) years but shall not apply to the disability or vesting benefit provisions or computations under Charter Sections A8.509(c), A8.509(f), A8.587-3 and A8.587-6. Early retirement benefits are available to members under Charter Sections A8.509 and A8.587, subject to any limitations in those sections, and also subject to the limits in Section A8.401 and herein but, are not available to members covered by Charter sections A8.559, A8.585, A8.586, A8.588, A8.595, A8.596, A8.597 or A8.598 or other Charter sections. (Added November 2003)

Any employee who separated from employment due to layoff between March 1, 2003 and June 30, 2005, and is later determined to be eligible for early retirement benefits, may have his or her retirement allowance recalculated as of his or her date of retirement. Any employee who separated from employment due to layoff between March 1, 2003 and June 30, 2005, but did not retire, and who is later determined to be eligible for early retirement benefits, may retire after notice in Section A8.401-6 but no earlier than the first day of the month in which he or she applies for retirement. Any such employee who withdrew his or her accumulated contributions shall redeposit in the retirement fund the amount, plus interest, refunded to him or her. (Added November 2003)

Any employee who retires under any early retirement program and later reenters City and County service as a member of the Retirement System shall forfeit any service or age credit received under the early retirement program. (Added November 2003)

The early retirement benefits under this section will be limited by Section 415 of the Internal Revenue Code of 1986, as amended from time to time, and no early retirement benefits under this section will be effective if they have an adverse effect on the tax qualified status of the Retirement System under Section 401 of the Internal Revenue Code of 1986, as amended from time to time. (Added November 2003)

PARENTAL LEAVE Notwithstanding any other provision of this Charter, any member of the Retirement System under Sections A8.509, A8.559, A8.585, A8.586, A8.587, A8.588, A8.595, A8.596, A8.597 or A8.598 who has taken Unpaid Parental Leave as defined herein shall have the right to purchase service credit with the Retirement System for all or any part of the time he or she was on Unpaid Parental Leave prior to July 1, 2003, subject to the terms of this section, provided that he or she returned to work for the City for at least six months immediately after the expiration of his or her. Unpaid Parental Leave. The Board of Supervisors is hereby empowered to enact, by a three-fourths vote of its members, any and all ordinances necessary to carry into effect the provisions of this section. Nothing in this section shall be construed to expand, reduce or otherwise affect the total amount of leave time available to members under federal, state, or local law, Civil Service Commission rules, or applicable memoranda of understanding between the City and County of San Francisco and employee organizations. (Added by Proposition G, 11/4/2008)

The following words and phrases as used in this section, unless a different meaning is plainly required by the context, shall have the following meaning: "Paid Leave" shall have the same meaning as in Charter section A8.365-1. "Parental Leave" shall have the same meaning as in Charter section A8.365-1. "Unpaid Parental Leave" shall mean a period of Parental Leave taken prior to July 1, 2003, while the member was employed by the City and County, and during which time the member was not on Paid Leave.

(Added by Proposition G, 11/4/2008)

The Department of Human Resources shall certify to the Retirement System that a member is eligible to purchase service credit pursuant to eligibility criteria set forth in Charter Section A8.365-2. Provided, however, that the Department of Human Resources shall only certify a member as eligible to purchase service credit with the Retirement System if he or she took Unpaid Parental Leave prior to July 1, 2003, and if he or she returned to work for the City for at least six months immediately after the expiration of his or her Unpaid Parental Leave. The Retirement System shall rely on the certification from the Department of Human Resources to determine eligibility to purchase service credit for Unpaid Parental Leave. (Added by Proposition G, 11/4/2008)

A member electing to purchase service credit with the Retirement System for a period of Unpaid Parental Leave must so elect in writing on a form provided by the Retirement System. This election must be made before the date he or she files the application to retire or the effective date of his or her retirement, whichever is later. This election must be for a minimum period of two months of Unpaid Parental Leave or all of his or her Unpaid Parental leave where such total period is less than two months. This election is limited to a maximum period of four months for each period of Unpaid Parental Leave. A member may only elect to purchase service credit for a period of Unpaid Parental Leave taken prior to July 1, 2003. (Added by Proposition G, 11/4/2008)

All costs to purchase the service shall be paid by the member. There shall be no cost to the City and County. The Retirement System shall determine the cost to purchase the service. No service credit will be allowed unless and until all such costs are received by the Retirement System. The retirement board shall have the authority to establish procedures to determine costs to purchase service credit for periods of Unpaid Parental Leave in accordance with this Section. (Added by Proposition G, 11/4/2008)

Upon completion of the payment in the amount specified by the Retirement Board, the member shall be credited with City and County service for the period of Unpaid Parental Leave for which he or she has elected to receive credit as City and County service pursuant to this Section. (Added by Proposition G, 11/4/2008)

This Charter section creates no vested benefits. The voters expressly reserve the right to review the benefits provided in this section and may alter or repeal such benefits for any or no reason. (Added by Proposition G, 11/4/2008)

This section shall not apply to Retirement System members or their successors in interest who retired or separated prior to the effective date of this section. (Added by Proposition G, 11/4/2008)

The City and County shall contribute jointly with the members of the Retirement System to meet the liabilities accruing under the system because of service rendered to the City and County by persons after becoming members of the system. Members of the system shall contribute not to exceed 10 percent of their salaries or wages, provided that members may, at their option, elect to contribute at rates in addition to those fixed as normal by the retirement board. The City and County shall contribute an amount equal to normal contributions of members as provided for in the preceding sentence, but the City and County shall not contribute any amount because of additional contributions by members.

Subject to the vested rights rule, the Board of Supervisors is empowered to enact, by a vote of three- fourths of its members, ordinances to amend the provisions of the Retirement System to conform with the community property provisions of Civil Code Sections 4800 and 4800.8, provided that the Board of Supervisors shall first secure, through the retirement board, an actuarial report of the cost and effect of any such change and provided further that any such ordinances shall not increase overall Retirement System benefits costs.

MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED ON OR AFTER JULY 1, 1947, AND PRIOR TO APRIL 1, 1966 Every retirement allowance payable to or on account of a member who retired under the provisions of Section 8.509 (formerly Section 165.2 of the Charter of 1932) on or after July 1, 1947, and prior to April 1, 1966, is hereby increased for time commencing on the effective date of this section, hereby designated as the first day of the month next following ratification by the State Legislature, to the amount it would have been if such allowance had been computed, on the date such member's retirement allowance was first effective, as if "average final compensation" were defined as the average monthly compensation earned by a member during any three consecutive years of credited service in the Retirement System in which his average compensation is the highest. This section does not give any person retired under the provisions of said Section 8.509, or his successors in interest, any claim against the City and County for any increase in any retirement allowance paid or payable for time prior to the effective date of this section. Any increase in any retirement allowance resulting from the calculation provided in this section shall be disregarded in connection with any adjustment of retirement allowances pursuant to the provisions of Section 8.526 (formerly Section 164.1 of the Charter of 1932).

ALLOWANCES IN EFFECT PRIOR TO JULY 1, 1977 Every retirement allowance payable to a male person, or to the beneficiary of a male person, retired prior to July 1, 1977, as a member under the provisions of Sections 8.507, 8.509, 8.544 or 8.568 and subject to an optional modification pursuant to an election exercised under Section 16.75 of the San Francisco Administrative Code is hereby increased for time commencing January 1, 1978, to the amount it would have been if such allowance had been computed, on the date such allowance was first effective, on the basis of the mortality tables applicable to the Retirement System on January 1, 1978. This section does not give any person retired under the provisions of Sections 8.507, 8.509, 8.544 or 8.568, or such person's successors in interest, any claim against the City and County for any increase in any retirement allowance paid or payable for time prior to January 1, 1978. Any adjustment of retirement allowances made pursuant to the provisions of Section 8.526 of this Charter for time after June 30, 1978, shall be based upon the amount of the original retirement allowance plus the amount of the increase to be applied by the provisions of this section.

OF FORMER RANK OF CORPORAL OF POLICE For all purposes of the Retirement System, and notwithstanding any other provisions of the Charter, the monthly salary attached to the former rank of corporal, heretofore held by a member of the police department, shall henceforth be deemed to be an amount equal to the maximum monthly salary attached to the rank of police officer, plus three-fourths of the difference between such amount and the monthly salary attached to the rank of sergeant.

AND BENEFICIARIES ON JANUARY 8, 1932 Any member of the police department who shall have been retired and shall be receiving a pension on the eighth day of January, 1932, and any widow, child, children or parents of a deceased member of the department who shall be receiving a pension on the 8th day of

January, 1932, shall continue to receive such pension, subject to the provisions of Section 8.540 governing the payment of pensions. Such pension shall be paid by the Retirement System, but no other benefits shall be provided for such retired members, widows, children or parents, except that upon the death of any such member who is receiving a pension under this section and regardless of the cause of death, a death benefit shall be paid to his estate or designated beneficiary, the amount of which shall be determined in the manner prescribed by the Board of Supervisors.

JANUARY 8, 1932 TO JULY 1, 1945 Persons who become members of the police department after the eighth day of January, 1932, and prior to July 1, 1945, shall become members of the Retirement System subject only to the following provision in addition to the provisions contained in Sections 3.670, 3.672, 8.500, 8.501, 8.502, 8.510, 8.511, 8.520, and 8.525 and 8.560 of this Charter: No such member of the Retirement System shall be retired, except in case of disability incapacitating him for the performance of his duties, unless he shall have attained the age of 62 years, and completed 25 years of continuous service, except that retirement shall be compulsory at the age of 70 years. It may be provided, however, under such Retirement System, that members may retire after 30 years of continuous service, the benefits of retirement in such cases to be determined, because of retirement at an age below 62, in accordance with the tables recommended by the actuary and approval by said retirement board.

COMPENSATION BENEFITS That portion of any allowance payable because of the death or retirement of any member of the police department, which is provided by contributions of the City and County, shall be reduced in the manner fixed by the Board of Supervisors, by the amount of any benefits, other than medical benefits, payable to or on account of such person, under the Workers' Compensation Insurance and Safety Law of the State of California and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in or illness caused by performance of duty, shall be considered as in lieu of any benefits, other than medical benefits, payable to or on account of such persons under the said law of the State of California, and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits.

If a member of the police department shall die, before retirement, from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause, if no allowance shall be payable under Sections 8.548 or 8.549 preceding, a death benefit shall be paid to his estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System.

Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his estate or designated beneficiary, the amount of which and the conditions for payment of which shall be determined in the manner prescribed by the Board of Supervisors for the payment of a similar benefit upon the death of other retired members.

Should any member of the police department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his contributions, with interest credited thereon, shall be refunded to him subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he shall again become a member of the police department, he shall redeposit in the retirement fund the amount refunded to him. Contributions with interest, which are credited because of service rendered in any other office or department and which will not be counted under Section 8.554 to any person who becomes a member of the Retirement System under Section 8.544, shall be refunded to him forthwith. Should a member of the police department become an employee of any other office or department, his accumulated contribution account shall be adjusted by payments to or from him as the case may be, to make the accumulated contributions credited to him at the time of change, equal to the amount which would have been credited to him if he had been employed in said other office or department at the rate of compensation received by him in the police department, and he shall receive credit for service for which said contributions were made, according to the Charter section under which his membership in the Retirement System continues.

Upon the completion of the years of service set forth in Section 8.546 as requisite to retirement, a member of the police department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section 8.546, and nothing shall deprive said member of said right.

RETIREMENT No person retired as a member under Section 8.544 after June 30, 1945, for service or disability and entitled to receive 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 service as an election officer or juror shall not be affected by this section.

DEPARTMENT For the purpose of the Retirement System, any officer or employee of the police or the fire departments whose employment therein began prior to January 1, 1900, or whose employment therein began on or shall begin after that date and was or shall be subject to a Charter maximum age at the time of employment of not over 35 years, shall be considered to be a member of the police department or the fire department, respectively. Any fire or police service outside the limits of the City and County performed by a member of the Retirement System and under orders of a superior officer of any such member, shall be considered as City and County service, and any disability or death incurred therein shall be covered under the provisions of the Retirement System.

JANUARY 8, 1932 TO JULY 1, 1949 Persons who become members of the fire department after the eighth day of January, 1932 and prior to July 1, 1949, shall become members of the Retirement System subject only to the following provision in addition to the provisions contained in Sections 3.670- 3.672, 8.500-8.502, 8.510, 8.511, 8.520, 8.525 and 8.560 of this Charter. No member of the Retirement System shall be retired, except in case of disability incapacitating him for the performance of his duties, unless he shall have attained the age of 55 years and completed 20 years of continuous service, except that retirement shall be compulsory at the age of 70 years. It may be provided, however, under such Retirement System, that members may retire after 30 years of continuous service; the benefits at retirement in such cases to be determined, because of retirement at an age below 55, in accordance with the tables recommended by the actuary and approved by said retirement board.

That portion of any allowance payable because of the death or retirement of any member of the fire department which is provided by contributions of the City and County, shall be reduced in the manner fixed by the Board of Supervisors, by the amount of any benefits other than medical benefits, payable to or on account of such person, under the Workers' Compensation Insurance and Safety Law of the State of California and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under said law of the State of California and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits.

If a member of the fire department shall die, before retirement, from causes other than an injury received in or illness caused by the performance of duty, or regardless of cause, if no allowance shall be payable under Section 8.572 or 8.573 preceding, a death benefit shall be paid to his estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his estate or designated beneficiary the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System.

Should any member of the fire department cease to be employed as such member, through any cause other than death or retirement or transfer to another office or department, all of his contributions, with interest credited thereon, shall be refunded to him subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he shall again become a member of the department, he shall redeposit in the retirement fund, the amount refunded to him. Contributions, with interest, which are credited because of service rendered in any other office or department and which will not be counted under Section 8.578, to any person who becomes a member of the Retirement System under this sections, shall be refunded to him forthwith. Should a member of the fire department become an employee of any other office or department, his accumulated contribution account shall be adjusted by payment, to or from him as the case may be to make the accumulated contributions credited to him at the time of change, equal to the amount which would have been credited to him if he had been employed in said other office or department at the rate of compensation received by him in the fire department and he shall receive credit for service for which said contributions were made, according to the Charter section under which his membership in the Retirement System continues.

Upon the completion of the years of service set forth in Section 8.570 as requisite to retirement, a member of the fire department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section 8.570, and nothing shall deprive said member of said right.

RETIREMENT No person retired as a member under Section 8.568 for service or disability and entitled to receive 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 service as an election officer or juror shall not be affected by this section.

AND EMPLOYEES AFTER NOVEMBER 1, 1976 Those persons who become miscellaneous officers and employees after November 1, 1976, shall be members of the Retirement System subject to the provisions of Sections 8.584 and 8.584-1 through 8.584-12, in addition to the provisions contained in Sections 3.670, 3.672, 8.500, 8.510, 8.520 and 8.526 of this Charter notwithstanding the provisions of any other section of the Charter; provided that persons who become members under the Public Employees' Retirement System of the State of California pursuant to Section 8.506 of this Charter of members of State Teachers' Retirement System of the State of California pursuant to Section 8.506-1 of this Charter shall not be members of the San Francisco City and County Employees' Retirement System and provided, further, that the Retirement System shall be applied to persons employed on a part-time, temporary or substitute bases only as the Board of Supervisors shall determine by ordinance enacted by three-fourths vote of all members of the board. Miscellaneous officers and employees who are members of the Retirement System under Sections 8.507 or 8.509 of the Charter prior to November 2, 1976 shall continue to be members of the system under Sections 8.507 or 8.509, as the case may be, and shall not be subject to any of the provisions of this section or Sections 8.584-1 through 8.584-12.

No modification of benefits provided in this section shall be made because of any amounts payable to or on account of any member under workers' compensation laws of the State of California.

Upon the completion of the years of service set forth in Section 8.584-2 as requisite to retirement, a member shall be entitled to retire at any time thereafter in accordance with the provisions of said Section 8.584-2, and, except as provided in Section 8.584-13, nothing shall deprive said member of said right. (Amended by Proposition C, 6/3/2008)

Every retirement or death allowance payable to or on account of any member under Section 8.584 shall be adjusted in accordance with the provisions of Subsection (b) of Section 8.526 of this Charter.

Any section or part of any section in this Charter, insofar as it should conflict with the provisions of Sections 8.584 through 8.584-11 or with any part thereof, shall be superseded by the contents of said sections. In the event that any word, phrase, clause or section of sections shall be adjudged unconstitutional, the remainder thereof shall remain in full force and effect.

AFTER NOVEMBER 1, 1976 Those persons who become members of the police department, as defined in Section 8.586-1, on or after November 2, 1976, shall be members of the system subject to the provisions of Sections 8.586, 8.586-1, 8.586-2, 8.586-3, 8.586-4, 8.586-5, 8.586-6, 8.586-7, 8.586- 8, 8.586-9, 8.586-10, 8.586-11, 8.586-12, 8.586-13 and 8.586-14 (which shall apply only to members under Section 8.586) in addition to the provisions contained in Sections 3.670 to 3.672, both inclusive, and Sections 8.500, 8.510, 8.520 and 8.526 of this Charter, notwithstanding the provisions of any other section of this Charter, and shall not be subject to any of the provisions of Sections 8.544 or 8.559 of this Charter.

Any member of the police department who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section 8.586-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the sentence next preceding, shall receive a retirement allowance equal to the larger of (a) two percent of final compensation for each of the first twenty-five (25) years of service, then three percent of final compensation for each year of service rendered in excess of twenty-five (25) years or (b) the percent of final compensation (as defined in Section 8.586-1) set forth opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section 8.586-10: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 2.000

50.25 2.035 50.5 2.070 50.75 2.105 51 2.140 51.25 2.175 51.5 2.210 51.75 2.245 52 2.280 52.25 2.315 52.5 2.350 52.75 2.385 53 2.420 53.25 2.455 53.5 2.490 53.75 2.525 54 2.560 54.25 2.595 54.5 2.630 54.75 2.665 55 2.700

In no event, however, shall such a retirement allowance exceed seventy-five (75) percent of a member's final compensation. (Amended November 1998)

Every retirement or death allowance payable to or on account of any member under Section 8.586 shall be adjusted in accordance with the provisions of Subsection (b) of Section 8.526 of this Charter. (Amended November 1998)

That portion of any allowance payable because of the death or retirement of any member of the police department which is provided by contributions of the City and County, shall be reduced in the manner fixed by the Board of Supervisors, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Amended November 1998)

If a member of the police department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section 8.586-4 or 8.586-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her estate or designated beneficiary the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Amended November 1998)

Should any member of the police department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. Should a member of the police department become an employee of any other office or department, his or her accumulated contribution account shall be adjusted by payments to or from him or her as the case may be to make the accumulated contributions credited to him or her at the time of change equal to the amount which would have been credited to him or her if he or she had been employed in said other office or department at the rate of compensation received by him or her in the police department and he or she shall receive credit for service for which said contributions were made, according to the Charter section under which his or her membership in the Retirement System continues. (Amended November 1998)

Upon the completion of the years of service set forth in Section 8.586-2 as requisite to retirement, a member of the Police Department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section 8.586-2, and, except as provided in Section 8.586-16, nothing shall deprive said member of said right. (Amended November 1998; Amended by Proposition C, 6/3/2008)

Any section or part of any section in this Charter, insofar as it should conflict with the provisions of Sections 8.586 through 8.586-13 or with any part thereof, shall be superseded by the contents of said sections. In the event that any word, phrase, clause or section of said sections shall be adjudged unconstitutional, the remainder thereof shall remain in full force and effect. (Amended November 1998)

Notwithstanding any provisions of this Charter to the contrary, should any member of the police department who is a member of the Retirement System under Charter Section 8.586 with five years of credited service, cease to be so employed, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement benefit, calculated at termination, defined as that proportion of the normal service retirement benefit that his or her accrued service credit bears to 25 years, payable beginning at age 50. (Amended November 1998)

AND EMPLOYEES ON AND AFTER NOVEMBER 7, 2000 Miscellaneous officers and employees on November 7, 2000 who were members of the Retirement System under Section A8.584, miscellaneous officers and employees under Section A8.584 whose accumulated contributions were in the retirement fund on November 7, 2000 and who were not retired on that date, and miscellaneous officers and employees who become members of the Retirement System on and after November 7, 2000 shall be members of the Retirement System subject to the provisions of Sections A8.587 through A8.587-13, in addition to such other applicable provisions including, but not limited to, A8.500 of this Charter; provided that persons who become members under the Public Employees' Retirement System of the State of California or members of the State Teachers' Retirement System of the State of California shall not be members of the San Francisco City and County Employees' Retirement System and provided, further, that the Retirement System shall be applied to persons employed on a part-time or temporary basis only as the Board of Supervisors shall determine by ordinance enacted by three-fourths vote of all members of the board. (Added November 2000)

No modification of benefits provided in this section shall be made because of any amounts payable to or on account of any member under workers' compensation laws of the State of California. (Added November 2000)

Upon the completion of the years of service set forth in Section A8.587-2 as requisite to retirement, a member shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.587-2, and, except as provided in Section 8.587-14, nothing shall deprive said member of said right. (Added November 2000; amended by Proposition C, Approved 6/3/2008)

Every retirement or death allowance payable to or on account of any member under Section A8.587 shall be adjusted in accordance with the provisions of Subsection (b) of Section A8.526 of this Charter. (Added November 2000)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.587 or with any part thereof shall be superseded by the contents of Section A8.587. Section A8.587 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.587 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.587. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.587 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.587 which can be given effect. Section A8.587 shall be broadly construed to achieve its stated purposes. (Added November 2000; amended by Proposition C, Approved 11/8/2011)

(a) The provisions of Section A8.587 and Section A8.587-1 through A8.587-13 shall not apply to any members of the Retirement

System under Section A8.584 who retired or died before November 7, 2000. (b) The amendments to Section A8.587 contained in the proposition submitted to the electorate on June 3, 2008 shall apply only to miscellaneous officers and employees under Section A8.587 who were not retired on January 10, 2009, and whose accumulated contributions were in the retirement hind on January 10, 2009 and who were not retired on that date. (c) For members of the Retirement System under Sections A8.584 or A8.587 who retired before January 10, 2009 and are later elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.587, the amendments to Section A8.587 submitted to the electorate on June 3, 2008 shall only apply to service after January 10, 2009. (Added November 2000; amended by Proposition B, 6/3/2008)

NOVEMBER 1, 1976 Those persons who become members of the fire department, as defined in Section 8.588-1, on or after November 2, 1976, shall be members of the system subject to the provisions of Sections 8.588, 8.588-1, 8.588-2, 8.588-3, 8.588-4, 8.588-5, 8.588-6, 8.588-7, 8.588- 8, 8.588-9, 8.588-10, 8.588-11, 8.588-12, 8.588-13, and 8.588-14 (which shall apply only to members under Section 8.588) in addition to the provisions contained in Sections 3.670 to 3.672, both inclusive, and Sections 8.500, 8.510, 8.520 and 8.526 of this Charter, notwithstanding the provisions of any other section of this Charter, and shall not be subject to any of the provisions of Sections 8.568 or 8.585 of this Charter. (Amended November 1996)

Any member of the fire department who completes at least five (5) years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section 8.588-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the sentence next preceding, shall receive a retirement allowance equal to the larger of (a) two percent of final compensation for each of the first twenty-five (25) years of service, then three percent of final compensation for each year of service rendered in excess of twenty-five (25) years or (b) the percent of final compensation (as defined in Section 8.588-1) set forth opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section 8.588-10: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 2.000 50.25 2.035 50.5 2.070 50.75 2.105 51 2.140 51.25 2.175 51.5 2.210 51.75 2.245 52 2.280 52.25 2.315 52.5 2.350 52.75 2.385 53 2.420 53.25 2.455 53.5 2.490 53.75 2.525 54 2.560 54.25 2.595 54.5 2.630 54.75 2.665 55 2.700

In no event, however, shall such a retirement allowance exceed seventy-five (75) percent of a member's final compensation. (Amended November 1996)

Every retirement or death allowance payable to or on account of any member under Section 8.588 shall be adjusted in accordance with the provisions of Subsection (b) of Section 8.526 of this Charter.

That portion of any allowance payable because of the death or retirement of any member of the fire department which is provided by contributions of the City and County, shall be reduced in the manner fixed by the Board of Supervisors, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits.

If a member of the fire department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section 8.588-4 or 8.588-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her estate or designated beneficiary the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System.

(Amended November 1996)

Should any member of the fire department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. Should a member of the fire department become an employee of any other office or department, his or her accumulated contribution account shall be adjusted by payments to or from him or her as the case may be to make the accumulated contributions credited to him or her at the time of change equal to the amount which would have been credited to him or her if he or she had been employed in said other office or department at the rate of compensation received by him or her in the fire department and he or she shall receive credit for service for which said contributions were made, according to the Charter section under which his or her membership in the Retirement System continues.

Upon the completion of the years of service set forth in Section 8.588- 2 as requisite to retirement, a member of the fire department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section 8.588-2, and, except as provided in Section 8.588-16. nothing shall deprive said member of said right. (Amended November 1996; Amended by Proposition C, 6/3/2008)

Any section or part of any section in this Charter, insofar as it should conflict with the provisions of Sections 8.588 through 8.588-13 or with any part thereof, shall be superseded by the contents of said sections. In the event that any word, phrase, clause or section of said sections shall be adjudged unconstitutional, the remainder thereof shall remain in full force and effect. (Amended November 1996)

Notwithstanding any provisions of this Charter to the contrary, should any member of the fire department who is a member of the Retirement System under Charter Section 8.588 with five years of credited service, cease to be so employed, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement benefit, calculated at termination, defined as that proportion of the normal service retirement benefit that his or her accrued service credit bears to 25 years, payable beginning at age 50. (Amended November 1996)

It is hereby declared to be the policy of the City and County of San Francisco that strikes by firefighters, police officers and deputy sheriffs are not legally permissible, and that a method should be adopted for peacefully and equitably resolving disputes. It is the further purpose and policy of the City and County of San Francisco that in the event the procedures herein adopted are invoked by the City and County of San Francisco or by a recognized employee organization representing firefighters, police officers or deputy sheriffs, that they shall supersede and displace all other formulas, procedures and provisions relating to wages, hours, benefits and other terms and conditions of employment found in this Charter, in the ordinances and resolutions of the City and County of San Francisco, or in the rules, regulations or actions of boards or commissions of the City and County of San Francisco. (Amended March 2004)

These sections A8.590-1 through A8.590-7, inclusive, shall apply to the several ranks of the fire department and police department as provided for in Sections 4.128 and 4.127 of this Charter, respectively, and to all of the classifications of a deputy sheriffs, jointly referred to in these sections as "firefighters," "police officers" and "deputy sheriffs." (Amended March 2004)

If any firefighter, police officer or deputy sheriff employed by the City and County of San Francisco engages in a strike as defined by Section A8.346(a) of this Charter against the City and County of San Francisco, said employee shall be dismissed from his or her employment pursuant to Charter Section A8.345 and A8.346. (Amended March 2004)

No agreement reached by the parties and no decision of the arbitration board shall reduce the vested retirement benefits of retirees or employees of the fire department, police department or of the sheriff department. Retirement and death allowances shall continue to be set and adjusted pursuant to Chapter Five of this Article, except that the amount to which said allowances are set and adjusted for uniformed employees of the police department and fire department shall not be less than the amount said allowances would be if the salaries of the uniformed forces in the police and fire departments continued to be set pursuant to Charter Section 8.405. Any agreement or decision of the arbitration board altering vested retirement benefits shall be subject to the written approval of the individual beneficiaries thereof. (Amended March 2004)

Notwithstanding any other provision of Charter Sections A8.590-1 through A8.590-7, the provisions and operation of the Retiree Health Care Trust Fund, including employee contributions to the fund, shall be determined pursuant to Charter Sections 12.204 and A8.432, and shall not be subject to the dispute resolution procedure's contained in Charter Section A8.590-5. Nothing in this section shall prevent the City and County of San Francisco and a recognized employee organization from agreeing to, or an arbitration panel formed pursuant to A8.590-5 from awarding, an adjustment in employee contributions into the Retiree Health Care Trust Fund that results in contributions greater than the contributions required under A8.432 for any and all City employees. In no event shall the City and County of San Francisco and a recognized employee organization agree to, or an arbitration panel formed pursuant to A8.590-5 award any,

reduction in contributions below the minimum level of contributions required under A8.432. (Added by Proposition B, Approved 6/3/2008; amended by Proposition A, Approved 11/5/2009; Proposition C, Approved 11/8/2011)

JANUARY 1, 2003 WHO ARE MEMBERS OF THE RETIREMENT SYSTEM UNDER CHARTER SECTION A8.586, AND MEMBERS OF THE POLICE DEPARTMENT AFTER JANUARY 1, 2003 Members of the police department on January 1, 2003 who are members of the Retirement System under Section A8.586, and persons who become members of the police department, as defined in Section A8.597-1, after January 1, 2003, shall be members of the Retirement System subject to the provisions of Sections A8.597 through A8.597-15 (which shall apply only to members under Section A8.597) in addition to the provisions contained in Sections 12.100 to 12.103 and Sections 8.500, 8.510, 8.520 and 8.526 of this Charter, notwithstanding the provisions of any other section of this Charter, and shall not be subject to any of the provisions of Sections A8.586 of this Charter. The provisions of section A8.597 shall not apply to any member of the Retirement System under section A8.586 who separated from service, retired or died before January 1, 2003, or to his or her continuant; provided, however, that the provisions of section A8.597-2 shall apply to the adjustment required in Sections A8.586-3, A8.586-4 and A8.586-5 for a retired member or his or her surviving spouse or continuant when the retired member would not have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years until after January 1, 2003. (Added November 2002)

Any member of the police department who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.597-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.597-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.597-10: Retirement Age Percent for Each Year of Credited Service Retirement Age Percent for Each Year of Credited Service 50 2.400 50.25 2.430 50.5 2.460 50.75 2.490 51 2.520 51.25 2.550 51.5 2.580

51.75 2.610 52 2.640 52.25 2.670 52.5 2.700 52.75 2.730 53 2.760 53.25 2.790 53.5 2.820 53.75 2.850 54 2.880 54.25 2.910 54.5 2.940 54.75 2.970 55+ 3.000

In no event, however, shall such a retirement allowance exceed ninety (90) percent of a member's final compensation. (Added November 2002)

Every retirement or death allowance payable to or on account of any member under Section A8.597 shall be adjusted in accordance with the provisions of Subsection (b) of Section A8.526 of this Charter. (Added November 2002)

That portion of any allowance payable because of the death or retirement of any member of the police department which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added November 2002)

If a member of the police department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.597-4 or A8.597-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her estate or designated beneficiary the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added November 2002)

Should any member of the police department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. Should a member of the police department become an employee of any other office or department, his or her accumulated contribution account shall be adjusted by payments to or from him or her as the case may be to make the accumulated contributions credited to him or her at the time of change equal to the amount which would have been credited to him or her if he or she had been employed in said other office or department at the rate of compensation received by him or her in the police department and he or she shall receive credit for service for which said contributions were made, according to the Charter section under which his or her membership in the Retirement System continues. (Added November 2002)

Upon the completion of the years of service set forth in Section 8.597-2 as requisite to retirement, a member of the police department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section 8.597-2, and except as provided in Section 8.597-16, nothing shall deprive said member of said right. (Added November 2002; amended by Proposition C, Approved 6/3/2008)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.597 or with any part thereof, shall be superseded by the contents of Section A8.597. Section A8.597 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.597 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, or provisions of Section A8.597. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.597 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.597 which can be given effect. Section A8.597 shall be broadly construed to achieve its stated purposes. (Added November 2002; amended by Proposition C, Approved 11/8/2011)

Notwithstanding any provisions of this Charter to the contrary, should any member of the police department who is a member of the Retirement System under Charter Section A8.597 with five years of credited service, cease to be so employed, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.597-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No vesting retirement allowance under this section shall exceed ninety (90%) percent of the member's final compensation. The provisions of Section A8.597-15 shall not apply to any members of the Retirement System under Section A8.586 who terminated before January 1, 2003 or their continuants. (Added November 2002)

JANUARY 1, 2003 WHO ARE MEMBERS OF THE RETIREMENT SYSTEM UNDER CHARTER SECTION A8.588, AND MEMBERS OF THE FIRE DEPARTMENT AFTER JANUARY 1, 2003 Members of the fire department on January 1, 2003 who are members of the Retirement System under Section A8.588, and persons who become members of the fire department, as defined in Section A8.598-1, after January 1, 2003, shall be members of the Retirement System subject to the provisions of Sections A8.598 through A8.598-15 (which shall apply only to members under Section A8.598) in

addition to the provisions contained in Sections 12.100 to 12.103 and Sections 8.500, 8.510, 8.520 and 8.526 of this Charter, notwithstanding the provisions of any other section of this Charter, and shall not be subject to any of the provisions of Sections A8.588 of this Charter. The provisions of section A8.598 shall not apply to any member of the Retirement System under section A8.588 who separated from service, retired or died before January 1, 2003, or to his or her continuant; provided, however, that the provisions of section A8.598-2 shall apply to the adjustment required in Sections A8.588-3, A8.588-4 and A8.588-5 for a retired member or his or her surviving spouse or continuant when the retired member would not have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years until after January 1, 2003. (Added November 2002)

Any member of the fire department who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.598-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.598-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.598-10: Retirement Age Percent for Each Year of Credited Service Retirement Age Percent for Each Year of Credited Service

50 2.400 50.25 2.430 50.5 2.460 50.75 2.490 51 2.520 51.25 2.550 51.5 2.580 51.75 2.610 52 2.640 52.25 2.670 52.5 2.700 52.75 2.730 53 2.760 53.25 2.790 53.5 2.820 53.75 2.850 54 2.880 54.25 2.910 54.5 2.940 54.75 2.970 55+ 3.000

In no event, however, shall such a retirement allowance exceed ninety (90) percent of a member's final compensation. (Added November 2002)

Every retirement or death allowance payable to or on account of any member under Section A8.598 shall be adjusted in accordance with the provisions of Subsection (b) of Section A8.526 of this Charter. (Added November 2002)

That portion of any allowance payable because of the death or retirement of any member of the fire department which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added November 2002)

If a member of the fire department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.598-4 or A8.598-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her estate or designated beneficiary the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added November 2002)

Should any member of the fire department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. Should a member of the fire department become an employee of any other office or department, his or her accumulated contribution account shall be adjusted by payments to or from him or her as the case may be to make the accumulated contributions credited to him or her at the time of change equal to the amount which would have been credited to him or her if he or she had been employed in said other office or department at the rate of compensation received by him or her in the fire department and he or she shall receive credit for service for which said contributions were made, according to the Charter section under which his or her membership in the Retirement System continues. (Added November 2002)

Upon the completion of the years of service set forth in Section 8.598-2 as requisite to retirement, a member of the fire department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section 8.598-2, and except as provided in Section 8.598-16, nothing shall deprive said member of said right. (Added November 2002; Amended by Proposition C, 6/3/2008)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.598 or with any part thereof, shall be superseded by the contents of Section A8.598. Section A8.598 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.598 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.598. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.598 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.598 which can be given effect. Section A8.598 shall be broadly construed to achieve its stated purposes. (Added November 2002; amended by Proposition C, Approved 11/8/2011)

Notwithstanding any provisions of this Charter to the contrary, should any member of the fire department who is a member of the Retirement System under Charter Section A8.598 with five years of credited service, cease to be so employed, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.598-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No vesting retirement allowance under this section shall exceed ninety (90%) percent of the member's final compensation. The provisions of Section A8.598-15 shall not apply to any members of the Retirement System under Section A8.588 who terminated before January 1, 2003 or their continuants. (Added November 2002)

COMPENSATION The Board of Supervisors is empowered to enact, by a vote of three-fourths of its members, such ordinances as it deems necessary to establish a plan or plans, consistent with federal and state requirements, to provide for the deferred taxation of accumulated vacation, sick leave or other compensation earned by and payable to employees on account of and after their separation from City and County employment. The City and County of San Francisco does not and cannot represent or guarantee that any particular federal or state income, payroll or other tax consequence will occur by reason of an employee's participation in these plans nor whether there will be gains or losses on moneys paid into these plans. The Retirement Board shall administer any such plans. The Retirement Board may contract with a financially responsible independent contractor to serve as the third party administrator of any such plans. The Retirement Board shall manage such plans in compliance with federal and state tax laws and ensure that plan benefits do not conflict with or reduce benefits under the Retirement System. The reasonable and necessary administrative costs of this plan shall not be borne by the City and County but by the participants and by any third party plan administrator appointed hereunder. (Added March 2004)

ON AND AFTER JULY 1, 2010 Miscellaneous officers and employees who become employed on and after July 1, 2010, shall be eligible to become members of the Retirement System subject to the provisions of Sections A8.600 through A8.600-14, in addition to such other applicable provisions including, but not limited to, A8.500 of this Charter; provided that persons who become members under the Public Employees' Retirement System of the State of California or members of the State Teachers' Retirement System of the State of California shall not be members of the San Francisco City and County Employees' Retirement System and provided, further, that the Retirement System shall be applied to persons employed on a part-time or temporary basis only as the Board of Supervisors shall determine by ordinance enacted by three-fourths vote of all members of the board. (Added by Proposition D, Approved 6/8/2010)

No modification of benefits provided in this section shall be made because of any amounts payable to or on account of any member under workers' compensation laws of the State of California. (Added by Proposition D, Approved 6/8/2010)

Upon the completion of the years of service set forth in Section A8.600-2 as requisite to retirement, a member shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.600-2, and, except as provided in Section A8.600-14, nothing shall deprive said member of said right. (Added by Proposition D, Approved 6/8/2010)

Every retirement or death allowance payable to or on account of any member under Section A8.600 shall be adjusted for cost of living allowances and supplemental cost of living benefits as provided in this Charter. (Added by Proposition D, Approved 6/8/2010)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.600 or with any part thereof, shall be superseded by the contents of Section A8.600. Section A8.600 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.600 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.600. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.600 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.600 which can be given effect. Section A8.600 shall be broadly construed to achieve its stated purposes. (Added by Proposition D, Approved 6/8/2010; amended by Proposition C, Approved 11/8/2011)

For members of the Retirement System under Sections A8.584 or A8.587 who retired before July 1, 2010, and are later elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.600, all service on and after July 1, 2010, shall be subject to the provisions of Sections A8.600, et seq. (Added by Proposition D, Approved 6/8/2010)

AFTER JULY 1, 2010

Persons who become members of the fire department, as defined in Section A8.601-1, on and after July 1, 2010, shall be members of the Retirement System subject to the provisions of Sections A8.601 through A8.601-16 (which shall apply only to members under Section A8.601) in addition to the provisions contained in Sections 12.100 to 12.103 and Sections A8.500, A8.510, A8.520, A8.526-2 and A8.526-3 of this Charter, notwithstanding the provisions of any other section of this Charter, and shall not be subject to any of the provisions of Sections A8.598 of this Charter. The provisions of Section A8.601 shall not apply to any member of the Retirement System before July 1, 2010, or any member who separated from service, retired or died before July 1, 2010, or to his or her continuant. (Added by Proposition D, Approved 6/8/2010)

Any member of the fire department who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.601-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.601-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.601-10: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 2.400 50.25 2.430 50.5 2.460

50.75 2.490 51 2.520 51.25 2.550 51.5 2.580 51.75 2.610 52 2.640 52.25 2.670 52.5 2.700 52.75 2.730 53 2.760 53.25 2.790 53.5 2.820 53.75 2.850 54 2.880 54.25 2.910 54.5 2.940 54.75 2.970 55+ 3.000

In no event, however, shall such a retirement allowance exceed ninety (90) percent of a member's final compensation. (Added by Proposition D, Approved 6/8/2010)

Every retirement or death allowance payable to or on account of any member under Section A8.601 shall be adjusted for cost of living allowances and supplemental cost of living benefits as provided in this Charter. (Added by Proposition D, Approved 6/8/2010)

That portion of any allowance payable because of the death or retirement of any member of the fire department which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition D, Approved 6/8/2010)

If a member of the fire department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.601-4 or A8.601-5 preceding, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition D, Approved 6/8/2010)

Should any member of the fire department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. Should a member of the fire department become an employee of any other office or department, his or her accumulated contribution account shall be adjusted by payments to or from him or her as the case may be to make the accumulated contributions credited to him or her at the time of change equal to the amount which would have been credited to him or her if he or she had been employed in said other office or department at the rate of compensation received by him or her in the fire department and he or she shall receive credit for service for which said contributions were made, according to the Charter section under which his or her membership in the Retirement System continues. (Added by Proposition D, Approved 6/8/2010)

Upon the completion of the years of service set forth in Section A8.601-2 as requisite to retirement, a member of the fire department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.601-2, and except as provided in Section A8.601-16, nothing shall deprive said member of said right. (Added by Proposition D, Approved 6/8/2010)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.601 or with any part thereof, shall be superseded by the contents of Section A8.601. Section A8.601 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.601 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, or provisions of Section A8.601. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.601 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.601 which can be given effect. Section A8.601 shall be broadly construed to achieve its stated purposes. (Added by Proposition D, Approved 6/8/2010; amended by Proposition C, Approved 11/8/2011)

Notwithstanding any provisions of this Charter to the contrary, should any member of the fire department who is a member of the Retirement System under Charter Section A8.601 with five years of credited service, cease to be so employed, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.601-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No vesting retirement allowance under this section shall exceed ninety (90) percent of the member's final compensation. (Added by Proposition D, Approved 6/8/2010)

AND AFTER JULY 1, 2010 Those persons who become members of the police department, as defined in Section A8.602-1, on and after July 1, 2010, shall be members of the Retirement System subject to the provisions of Sections A8.602 through A8.602-16 (which shall apply only to members under Section A8.602) in addition to the provisions contained in Sections 12.100 to 12.103 and Sections A8.500, A8.510, A8.520, A8.526-2 and A8.526-3 of this Charter, notwithstanding the provisions of any other section of this Charter, and shall not be subject to any of the provisions of Section A8.597 of this Charter. The provisions of Section A8.602 shall not apply to any member of the Retirement System before July 1, 2010, or to any member of the Retirement System who separated from service, retired or died before July 1, 2010, or to his or her continuant. (Added by Proposition D, Approved 6/8/2010)

Any member of the police department who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.602-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.602-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.602-10: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 2.400 50.25 2.430 50.5 2.460 50.75 2.490

51 2.520 51.25 2.550 51.5 2.580 51.75 2.610 52 2.640 52.25 2.670 52.5 2.700 52.75 2.730 53 2.760 53.25 2.790 53.5 2.820 53.75 2.850 54 2.880 54.25 2.910 54.5 2.940 54.75 2.970 55+ 3.000

In no event, however, shall such a retirement allowance exceed ninety (90) percent of a member's final compensation. (Added by Proposition D, Approved 6/8/2010)

Every retirement or death allowance payable to or on account of any member under Section A8.602 shall be adjusted for cost of living allowances and supplemental cost of living benefits as provided in this Charter. (Added by Proposition D, Approved 6/8/2010)

That portion of any allowance payable because of the death or retirement of any member of the police department which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition D, Approved 6/8/2010)

If a member of the police department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.602-4 or A8.602-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which and the conditions for the payment of which, shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition D, Approved 6/8/2010)

Should any member of the police department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. Should a member of the police department become an employee of any other office or department, his or her accumulated contribution account shall be adjusted by payments to or from him or her as the case may be to make the accumulated contributions credited to him or her at the time of change equal to the amount which would have been credited to him or her if he or she had been employed in said other office or department at the rate of compensation received by him or her in the police department and he or she shall receive credit for service for which said contributions were made, according to the Charter section under which his or her membership in the Retirement System continues. (Added by Proposition D, Approved 6/8/2010)

The following time shall be included in the computation of the service to be credited to a member of the police department for the purposes of determining whether such member qualified for retirement and calculating benefits, excluding, however, any time, the contributions for which were withdrawn by said member upon termination of his or her service while he or she was a member under any other Charter section, and not redeposited upon re-entry into service: (a) Time during and for which said member is entitled to receive compensation because of services as a member of the police or fire department on and after July 1, 2010. (b) Time during which said member was on Unpaid Parental Leave pursuant to Charter Section A8.523, and for which said member has purchased service credit in the Retirement System. (c) Time during which said member is absent from a status included in Subsection (a) next preceding, by reason of service in the armed forces of the United States of America, or by reason of any other service included in Sections A8.520 and A8.521 of the Charter, during any war in which the United States was or shall be engaged or during other national emergency, and for which said member contributed or contributes to the Retirement System or for which the City and County contributed or contributes on his or her account. (Added by Proposition D, Approved 6/8/2010)

Upon the completion of the years of service set forth in Section A8.602-2 as requisite to retirement, a member of the police department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.602-2, and except as provided in Section A8.602-16, nothing shall deprive said member of said right. (Added by Proposition D, Approved 6/8/2010)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.602 or with any part thereof, shall be superseded by the contents of Section A8.602. Section A8.602 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.602 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.602. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.602 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.602 which can be given effect. Section A8.602 shall be broadly construed to achieve its stated purposes. (Added by Proposition D, Approved 6/8/2010; amended by Proposition C, Approved 11/8/2011)

Notwithstanding any provisions of this Charter to the contrary, should any member of the police department who is a member of the Retirement System under Charter Section A8.602 with five years of credited service, cease to be so employed, through any cause other

than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.602-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No vesting retirement allowance under this section shall exceed ninety (90%) percent of the member's final compensation. (Added by Proposition D, Approved 6/8/2010)

ON AND AFTER JANUARY 7, 2012 Miscellaneous officers and employees who become employed on and after January 7, 2012, shall be eligible to become members of the Retirement System subject to the provisions of Sections A8.603 through A8.603-14, in addition to such other applicable provisions including, but not limited to, A8.500 of this Charter; provided that persons who become members under the Public Employees' Retirement System of the State of California or members of the State Teachers' Retirement System of the State of California shall not be members of the San Francisco City and County Employees' Retirement System and provided, further, that the Retirement System shall be applied to persons employed on a part-time or temporary basis only as the Board of Supervisors shall determine by ordinance enacted by three-fourths vote of all members of the Board. (Added by Proposition C, Approved 11/8/2011)

No modification of benefits provided in this Section shall be made because of any amounts payable to or on account of any member under Workers' Compensation laws of the State of California. (Added by Proposition C, Approved 11/8/2011)

Upon the completion of the years of service set forth in Section A8.603-2 as requisite to retirement, a member shall be entitled to retire at any time thereafter in accordance with the provisions of Section A8.603-2, and, except as provided in Section A8.603-10, nothing shall deprive said member of said right, provided that age at retirement shall mean the age when the member terminated City and County employment. (Added by Proposition C, Approved 11/8/2011)

Every retirement or death allowance payable to or on account of any member under Section A8.603 shall be adjusted for cost of living allowances as provided in this Charter. (Added by Proposition C, Approved 11/8/2011)

For members of the Retirement System under Sections A8.509, A8.584, or A8.587 who retired before January 7, 2012, and are later elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.603, all service on and after January 7, 2012, shall be subject to the provisions of Sections A8.603, et seq. (Added by Proposition C, Approved 11/8/2011)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.603 or with any part thereof shall be superseded by the contents of Section A8.603. Section A8.603 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.603 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.603. If any words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.603 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of this Section A8.603 which can be given effect. Section A8.603 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011)

AFTER JANUARY 7, 2012 Persons who become members of the fire department, as defined in Section A8.604-1, on and after January 7, 2012, shall be members of the Retirement System subject to the provisions of Sections A8.604 through A8.604-17 in addition to such other applicable provisions of this Charter, including but not limited to Sections 12.100 and A8.500. (Added by Proposition C, Approved 11/8/2011; Amended by Proposition H, Approved 11/5/2024)

Any member of the fire department, who completes at least five years of service in the aggregate and attains the age of 50 years, said service to be computed under Section A8.604-10, may retire for service at the member’s option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation

(as defined in Section A8.604-1) set forth below opposite the member’s age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.604-10: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 2.400 50.25 2.430 50.5 2.460 50.75 2.490 51 2.520 51.25 2.550 51.5 2.580 51.75 2.610 52 2.640 52.25 2.670 52.5 2.700 52.75 2.730 53 2.760 53.25 2.790 53.5 2.820 53.75 2.850 54 2.880 54.25 2.910 54.5 2.940 54.75 2.970 55+ 3.000

In no event shall a member’s initial retirement allowance exceed 90% of the member’s average final compensation. (Added by Proposition C, Approved 11/8/2011; Amended by Proposition H, Approved 11/5/2024)

Every retirement or death allowance payable to or on account of any member under Section A8.604 shall be adjusted for cost of living allowances as provided in this Charter. (Added by Proposition C, Approved 11/8/2011)

That portion of any allowance payable because of the death or retirement of any member of the fire department which is provided by contributions of the City and County, shall be reduced by the amount of any benefits, other than medical benefits, payable by the City and County to or on account of such person, under any Workers' Compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition C, Approved 11/8/2011)

If a member of the fire department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.604-4 or A8.604-5 preceding, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011)

Should any member of the fire department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. (Added by Proposition C, Approved 11/8/2011)

Upon the completion of the years of service set forth in Section A8.604-2 as requisite to retirement, a member of the fire department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.604-2, and except as provided in Section A8.604-13, nothing shall deprive said member of said right. (Added by Proposition C, Approved 11/8/2011)

Should any member of the fire department who is a member of the Retirement System under Charter Section A8.604 cease to be employed as such a member, through any cause other than death or retirement, all of his or her contributions with interest credited thereon, shall be refunded to him or her, provided that if such member is entitled to be credited with at least five years of service, then he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.604-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No deferred retirement allowance under this Section shall exceed ninety percent (90%) of the member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.604 or with any part thereof, shall be superseded by the contents of Section A8.604. Section A8.604 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.604 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.604. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.604 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.604 which can be given effect. Section A8.604 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011)

The amendment to Sections A8.604-1 and A8-604-2,1 effective January 1, 2025, shall not apply to any member of the Retirement System who separated from service, retired, or died before that date, or to that member’s continuant. (Added by Proposition H, Approved 11/5/2024) CODIFICATION NOTE

1. So in Prop. H, 11/5/2024.

AND AFTER JANUARY 7, 2012 Persons who become members of the police department, as defined in Section A8.605-1, on and after January 7, 2012, shall be members of the Retirement System subject to the provisions of Sections A8.605 through A8.605-16 in addition to such other applicable provisions of this Charter, including but not limited to Sections 12.100 and A8.500. (Added by Proposition C, Approved 11/8/2011)

Any member of the police department, who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.605-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.605-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.605-10: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 2.200 50¼ 2.225 50½ 2.250 50¾ 2.275 51 2.300 51¼ 2.325 51½ 2.350 51¾ 2.375 52 2.400 52¼ 2.425 52½ 2.450 52¾ 2.475 53 2.500 53¼ 2.525 53½ 2.550

53¾ 2.575 54 2.600 54¼ 2.625 54½ 2.650 54¾ 2.675 55 2.700 55¼ 2.725 55½ 2.750 55¾ 2.775 56 2.800 56¼ 2.825 56½ 2.850 56¾ 2.875 57 2.900 57¼ 2.925 57½ 2.950 57¾ 2.975 58 3.0

In no event shall a member's initial retirement allowance exceed ninety percent of his or her average final compensation. (Added by Proposition C, Approved 11/8/2011)

That portion of any allowance payable because of the death or retirement of any member of the police department which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any Workers' Compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition C, Approved 11/8/2011)

If a member of the police department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.605-4 or A8.605-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which, and the conditions for the payment of which, shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011)

Should any member of the police department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. (Added by Proposition C, Approved 11/8/2011)

Upon the completion of the years of service set forth in Section A8.605-2 as requisite to retirement, a member of the police department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.605-2, and except as provided in Section A8.605-13, nothing shall deprive said member of said right. (Added by Proposition C, Approved 11/8/2011)

Should any member of the fire department who is a member of the Retirement System under Charter Section A8.605 cease to be employed as such a member, through any cause other than death or retirement, all of his or her contributions with interest credited thereon, shall be refunded to him or her, provided that if such member is entitled to be credited with at least five years of service, then he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.605-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No deferred retirement allowance under this Section shall exceed ninety percent (90%) of the member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.605 or with any part thereof, shall be superseded by the contents of Section A8.605. Section A8.605 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.605 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.605. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.605 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.605 which can be given effect. Section A8.605 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011)

OF THE SHERIFF'S DEPARTMENT BEFORE JULY 1, 2010 Upon the thirty first day following the effective date of an ordinance enacted by the Board of Supervisors under Section A8.500 based on agreement between the City and the Undersheriffs and the recognized employee organizations representing the impacted employees, but not before July 1, 2012, the undersheriffs and all deputized personnel of the sheriff's department hired before July 1, 2010, shall be members of the Retirement System for prospective service subject to the provisions of this Section A8.606 through A8.606-16 in addition to such other applicable provisions of this Charter, including but not limited to Sections 12.100 and A8.500. (Added by Proposition C, Approved 11/8/2011)

Any member of the sheriff's department who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.606-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.606-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.606-10: Retirement Age Percent for Each Year of Credited Service Retirement Age Percent for Each Year of Credited Service 50 2.400 50¼ 2.430 50½ 2.460 50¾ 2.490 51 2.520 51¼ 2.550 51½ 2.580 51¾ 2.610 52 2.640 52¼ 2.670 52½ 2.700 52¾ 2.730 53 2.760 53¼ 2.790 53½ 2.820 53¾ 2.850 54 2.880 54¼ 2.910 54½ 2.940 54¾ 2.970 55+ 3.000

In no event, however, shall such a retirement allowance exceed ninety (90) percent of a member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Every retirement or death allowance payable to or on account of any member under Section A8.606 shall be adjusted in accordance with the provisions of this Charter. (Added by Proposition C, Approved 11/8/2011)

That portion of any allowance payable because of the death or retirement of any member of the sheriff's department which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition C, Approved 11/8/2011)

If a member of the sheriff's department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.606-4 or A8.606-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her estate or designated beneficiary the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011)

Should any member of the sheriff's department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the Retirement Fund the amount refunded to him or her. (Added by Proposition C, Approved 11/8/2011)

Upon the completion of the years of service set forth in Section A8.606-2 as requisite to retirement, a member of the sheriff's department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.606-2, and except as provided in Section A8.606-16, nothing shall deprive said member of said right. (Added by Proposition C, Approved 11/8/2011)

Notwithstanding any provisions of this Charter to the contrary, should any member of the sheriff's department who is a member of the Retirement System under Charter Section A8.606 with five years of credited service, cease to be so employed, through any cause other

than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.606-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No deferred retirement allowance under this Section shall exceed ninety (90%) percent of the member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.606 or with any part thereof, shall be superseded by the contents of Section A8.606. Section A8.606 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.606 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.606. If any words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.606 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of this Section A8.606 which can be given effect. Section A8.606 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011)

OF THE SHERIFF'S DEPARTMENT HIRED AFTER JULY 1, 2010 AND BEFORE JANUARY 7, 2012 Upon the thirty first day following the effective date of an ordinance enacted by the Board of Supervisors under Section A8.500 based on agreement between the City, the undersheriffs and the recognized employee organizations representing the impacted employees, but not before July 1, 2012, undersheriffs and all deputized personnel of the sheriff's department hired after July 1, 2010 and before January 7, 2012, shall be members of the Retirement System for prospective service subject to the provisions of this Section A8.607 through A8.607-16 in addition to such other applicable provisions of this Charter, including but not limited to Sections 12.100 and A8.500. (Added by Proposition C, Approved 11/8/2011)

Any member of the sheriff's department who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.607-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.607-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.607-10: Retirement Age Percent for Each Year of Credited Service Retirement Age Percent for Each Year of Credited Service 50 2.400 50¼ 2.430 50½ 2.460 50¾ 2.490 51 2.520 51¼ 2.550 51½ 2.580 51¾ 2.610 52 2.640 52¼ 2.670 52½ 2.700 52¾ 2.730 53 2.760 53¼ 2.790 53½ 2.820 53¾ 2.850 54 2.880 54¼ 2.910 54½ 2.940

54¾ 2.970 55+ 3.000

In no event, however, shall such a retirement allowance exceed ninety (90) percent of a member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Every retirement or death allowance payable to or on account of any member under Section A8.607 shall be adjusted in accordance with the provisions of this Charter. (Added by Proposition C, Approved 11/8/2011)

That portion of any allowance payable because of the death or retirement of any member of the sheriff's department which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition C, Approved 11/8/2011)

If a member of the sheriff's department shall die, before retirement from causes other than an injury received in, or illness caused by

the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.607-4 or A8.607-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her estate or designated beneficiary the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011)

Should any member of the sheriff's department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the Retirement Fund the amount refunded to him or her. (Added by Proposition C, Approved 11/8/2011)

Upon the completion of the years of service set forth in Section A8.607-2 as requisite to retirement, a member of the sheriff's department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.607-2, and except as provided in Section A8.607-16, nothing shall deprive said member of said right. (Added by Proposition C, Approved 11/8/2011)

Notwithstanding any provisions of this Charter to the contrary, should any member of the sheriff's department who is a member of the Retirement System under Charter Section A8.607 with five years of credited service, cease to be so employed, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.607-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No deferred retirement allowance under this Section shall exceed ninety (90%) percent of the member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.607 or with any part thereof, shall be superseded by the contents of Section A8.606. Section A8.607 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.607 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.607. If any words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.607 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of this Section A8.607 which can be given effect. Section A8.607 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011)

PERSONNEL OF THE SHERIFF'S DEPARTMENT ASSUMING OFFICE ON AND AFTER JANUARY 7, 2012

Sheriffs assuming office on, and undersheriffs and all deputized personnel of the sheriff's department hired on and after January 7, 2012, shall be members of the Retirement System subject to the provisions of Sections A8.608 through A8.608-16 in addition to such other applicable provisions of this Charter, including but not limited to Sections 12.100 and A8.500. (Added by Proposition C, Approved 11/8/2011)

Any member of the sheriff's department, who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.608-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.608-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.608-10. Retirement Age Percent for Each Year of Credited Service Retirement Age Percent for Each Year of Credited Service 50 2.200

50¼ 2.225 50½ 2.250 50¾ 2.275 51 2.300 51¼ 2.325 51½ 2.350 51¾ 2.375 52 2.400 52¼ 2.425 52½ 2.450 52¾ 2.475 53 2.500 53¼ 2.525 53½ 2.550 53¾ 2.575 54 2.600 54¼ 2.625 54½ 2.650 54¾ 2.675 55 2.700 55¼ 2.725 55½ 2.750 55¾ 2.775 56 2.800 56¼ 2.825 56½ 2.850 56¾ 2.875 57 2.900 57¼ 2.925 57½ 2.950 57¾ 2.975 58 3.0

In no event shall a member's initial retirement allowance exceed ninety percent of his or her average final compensation. (Added by Proposition C, Approved 11/8/2011)

Every retirement or death allowance payable to or on account of any member under Section A8.608 shall be adjusted for cost of living allowances as provided in this Charter. (Added by Proposition C, Approved 11/8/2011)

That portion of any allowance payable because of the death or retirement of any member of the sheriff's department which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any Workers' Compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition C, Approved 11/8/2011)

If a member of the sheriff's department shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.608-4 or A8.608-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which, and the conditions for the payment of which, shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011)

Should any member of the sheriff's department cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. If he or she shall again become a member of the department, he or she shall redeposit in the retirement fund the amount refunded to him or her. (Added by Proposition C, Approved 11/8/2011)

Upon the completion of the years of service set forth in Section A8.608-2 as requisite to retirement, a member of the sheriff's department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.608-2, and except as provided in Section A8.608-13, nothing shall deprive said member of said right. (Added by Proposition C, Approved 11/8/2011)

Should any member of the sheriff's department who is a member of the Retirement System under Charter Section A8.608 cease to be employed as such a member, through any cause other than death or retirement, all of his or her contributions with interest credited thereon, shall be refunded to him or her, provided that if such member is entitled to be credited with at least five years of service, then he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.608-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No deferred retirement allowance under this Section shall exceed ninety percent (90%) of the member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.608 or with any part thereof, shall be superseded by the contents of Section A8.608. Section A8.608 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.608 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.608. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.608 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.608 which can be given effect. Section A8.608 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011)

BEFORE JANUARY 7, 2012 Upon the thirty first day following the effective date of an ordinance enacted by the Board of Supervisors under Section A8.500 based on agreement between the City and the recognized employee organizations representing the impacted employees, but not before July 1, 2012, miscellaneous safety employees, as defined in Section A8.609-2, hired before January 7, 2012, shall be members of the Retirement System for prospective service subject to the provisions of this Section A8.609 through A8.609-16 in addition to such other applicable provisions of this Charter, including but not limited to Sections 12.100 and A8.500. (Added by Proposition C, Approved 11/8/2011)

Any miscellaneous safety member who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.609-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.609-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.609-10: Retirement Age Percent for Each Year of Credited Service Retirement Age Percent for Each Year of Credited Service 50 2.000 50¼ 2.035 50½ 2.070 50¾ 2.105 51 2.140 51¼ 2.175 51½ 2.210 51¾ 2.245 52 2.280 52¼ 2.315 52½ 2.350 52¾ 2.385 53 2.420 53¼ 2.455 53½ 2.490 53¾ 2.525 54 2.560 54¼ 2.595 54½ 2.630 54¾ 2.665 55+ 2.700

In no event, however, shall such a retirement allowance exceed ninety (90) percent of a member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Every retirement or death allowance payable to or on account of any member under Section A8.609 shall be adjusted in accordance with the provisions of Subsection (c) of Section A8.526-2 of this Charter. (Added by Proposition C, Approved 11/8/2011)

That portion of any allowance payable because of the death or retirement of any miscellaneous safety member which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any workers' compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition C, Approved 11/8/2011)

If a miscellaneous safety member shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.609-4 or A8.609-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011) A8 609 9 REFUNDS AND REDEPOSITS

Should any miscellaneous safety member cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011)

The following time shall be included in the computation of the service to be credited to a miscellaneous safety member for the purposes of determining whether such member qualified for retirement and calculating benefits, excluding, however, any time, the contributions for which were withdrawn by said member upon termination of his or her service while he or she was a member under any other Charter section, and not redeposited upon re-entry into service: (a) Time during and for which said member is entitled to receive compensation because of services as a miscellaneous safety member. (b) Time during which said member was on Unpaid Parental Leave pursuant to Charter Section A8.523, and for which said member has purchased service credit in the Retirement System. (c) Time during which said member is absent from a status included in Subsection (a) next preceding, by reason of service in the armed forces of the United States of America, or by reason of any other service included in Sections A8.520 and A8.521 of the Charter, during any war in which the United States was or shall be engaged or during other national emergency, and for which said member contributed or contributes to the Retirement System or for which the City and County contributed or contributes on his or her account. (Added by Proposition C, Approved 11/8/2011)

Upon the completion of the years of service set forth in Section A8.609-2 as requisite to retirement, a miscellaneous safety member shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.609-2, and except as provided in Section A8.609-16, nothing shall deprive said member of said right. (Added by Proposition C, Approved 11/8/2011)

Notwithstanding any provisions of this Charter to the contrary, should any miscellaneous safety member who is a member of the Retirement System under Charter Section A8.609 with at least five years of credited service cease to be employed as such a member, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.609-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No deferred retirement allowance under this Section shall exceed ninety (90%) percent of the member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.609 or with any part thereof, shall be superseded by the contents of Section A8.609. Section A8.609 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.609 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.609. If any words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.609 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of this Section A8.609 which can be given effect. Section A8.609 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011)

ON AND AFTER JANUARY 7, 2012 Miscellaneous safety employees, as defined in Section A8.610-2, hired on and after January 7, 2012, shall be members of the Retirement System subject to the provisions of Sections A8.610 through A8.610-16 in addition to such other applicable provisions of this Charter, including but not limited to Sections 12.100 and A8.500. (Added by Proposition C, Approved 11/8/2011)

Any miscellaneous safety member, who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.610-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.610-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.610-1 Retirement Age Percent for Each Year of Credited Service Retirement Age Percent for Each Year of Credited Service 50 1.800 50½ 1.828 50½ 1.856 50¾ 1.884 51 1.912 51¼ 1.940 51½ 1.968 51¾ 1.996 52 2.020 52¼ 2.048 52½ 2.076 52¾ 2.104 53 2.132 53¼ 2.160 53½ 2.188 53¾ 2.216 54 2.244 54¼ 2.272 54½ 2.300 54¾ 2.328

55 2.356 55¼ 2.384 55½ 2.412 55¾ 2.440 56 2.468 56¼ 2.496 56½ 2.524 56¾ 2.552 57 2.590 57¼ 2.618 57½ 2.646 57¾ 2.674 58 2.700

In no event shall a member's initial retirement allowance exceed ninety percent of his or her average final compensation. (Added by Proposition C, Approved 11/8/2011)

Every retirement or death allowance payable to or on account of any member under Section A8.6109 shall be adjusted for cost of living allowances as provided in this Charter. (Added by Proposition C, Approved 11/8/2011)

That portion of any allowance payable because of the death or retirement of any miscellaneous safety member which is provided by contributions of the City and County, shall be reduced, by the amount of any benefits other than medical benefits, payable by the City and County to or on account of such person, under any Workers' Compensation law or any other general law and because of the injury or illness resulting in said death or retirement. Such portion which is paid because of death or retirement which resulted from injury received in, or illness caused by performance of duty, shall be considered as in lieu of all benefits, other than medical benefits, payable to or on account of such person under such law and shall be in satisfaction and discharge of the obligation of the City and County to pay such benefits. (Added by Proposition C, Approved 11/8/2011)

If a miscellaneous safety member shall die, before retirement from causes other than an injury received in, or illness caused by the performance of duty, or regardless of cause if no allowance shall be payable under Section A8.610-4 or A8.610-5 preceding, a death benefit shall be paid to his or her estate or designated beneficiary, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her designated beneficiary or estate, the amount of which, and the conditions for the payment of which, shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011)

Should any miscellaneous safety member cease to be employed as such a member, through any cause other than death or retirement or transfer to another office or department, all of his or her contributions, with interest credited thereon, shall be refunded to him or her subject to the conditions prescribed by the Board of Supervisors to govern similar terminations of employment of other members of the Retirement System. (Added by Proposition C, Approved 11/8/2011)

The following time shall be included in the computation of the service to be credited to a miscellaneous safety member for the purposes of determining whether such member qualified for retirement and calculating benefits, excluding, however, any time, the contributions for which were withdrawn by said member upon termination of his or her service while he or she was a member under any other Charter section, and not redeposited upon re-entry into service: (a) Time during and for which said member is entitled to receive compensation because of services as a miscellaneous safety member on or after January 7, 2012. (b) Time during which said member was on Unpaid Parental Leave pursuant to Charter Section A8.523, and for which said member has purchased service credit in the Retirement System. (c) Time during which said member is absent from a status included in Subsection (a) by reason of service in the armed forces of the United States of America, or by reason of any other service included in Sections A8.520 and A8.521 of the Charter, during any war in which the United States was or shall be engaged or during other national emergency, and for which said member contributed or contributes to the Retirement System or for which the City and County contributed or contributes on his or her account. (Added by Proposition C, Approved 11/8/2011)

Upon the completion of the years of service set forth in Section A8.610-2 as requisite to retirement, a member of the sheriff's department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.610-2, and except as provided in Section A8.610-13, nothing shall deprive said member of said right. (Added by Proposition C, Approved 11/8/2011)

Notwithstanding any provision of this Charter to the contrary, should any miscellaneous safety member who is a member of the Retirement System under Charter Section A8.610 with at least five years of credited service cease to be employed as such a member, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.610-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No deferred retirement allowance under this section shall exceed ninety percent (90%) of the member's final compensation. (Added by Proposition C, Approved 11/8/2011)

Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.610 or with any part thereof, shall be superseded by the contents of Section A8.610. Section A8.610 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.610 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.610. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.610 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.6109 which can be given effect. Section A8.610 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011)

PERSONNEL (a) Effective January 4, 2025, Public Safety Communications Personnel shall be classified as miscellaneous safety plan employees. For purposes of this Section A8.611, “Public Safety Communications Personnel” means public safety communications dispatchers, public safety communications supervisors, and public safety communications coordinators. (b) As of January 4, 2025, Public Safety Communications Personnel shall be subject to the provisions of Section A8.610 through A8.610-16, in addition to the provisions of this Section A8.611, regardless of their date of hire. For Public Safety Communications Personnel, computation of service under Section A8.610-10 shall be time during which a member is entitled to receive compensation in a Public Safety Communications Personnel job classification on an after January 4, 2025. Time during which a Public Safety Communications Personnel member was entitled to receive compensation before January 4, 2025 shall remain in the miscellaneous plan applicable to the member. (c) Section A8.611 shall not apply to a Public Safety Communications Personnel member who separated from service, retired, or died before January 4, 2025, or to the member’s continuant. (Added by Proposition I, Approved 11/5/2024) [A8.900 - A8.910 POLICE DEPARTMENT DEFERRED RETIREMENT OPTION PROGRAM ("DROP")]*

CALCULATIONS. Upon the voluntary entry of a qualified member into the DROP, that member's Retirement System benefits, including survivor benefits, shall be frozen, and shall not be increased as a result of any additional service time, increase in age or compensation earned by the member while they are participating in the DROP. During the period of a member's participation in the DROP, the monthly service pension payment described herein shall be increased by any cost of living adjustment to which the member would otherwise be entitled, if retired, during the period of their participation in the DROP, pursuant to the terms of the retirement plan which applies to the member. (Added by Proposition B, Approved 2/5/2008)

(a) The DROP Account is an account established for book-keeping purposes within the Retirement System for each member who elects to enter DROP. (b) Commencing with the first pay period after the entry of a member into the DROP, and for each pay period thereafter so long as the member participates in the DROP, the service pension (including any Cost of Living Adjustments) to which the member would otherwise be entitled based on their compensation, age, and length of service as of their date of their entry into the Program, shall be credited monthly into a DROP Account established within the Retirement System for each individual participant. (c) A participating member, to the extent permitted by law and regulations established by the Retirement Board and the Board of Supervisors, may direct the crediting into that member's DROP Account the dollar value of any compensatory time off, accrued unused vacation, or accrued Sick Pay, if any, to which the member may be entitled, in lieu of receiving a payout of those amounts upon the date of entry into the DROP. (d) The DROP Account into which the member's monthly service pension is credited shall also be credited on a monthly basis with interest at an annual effective rate of four percent throughout the period of the member's participation in the DROP.

(Added by Proposition B, Approved 2/5/2008)

(a) A member's participation in the DROP shall be terminated, other than by death or disability, by the first occurrence of any of the following: (1) the member's completion of the applicable DROP participation period set forth in Section A8.901(a) or (b); (2) the member's voluntary termination of employment while a DROP participant; (3) involuntary termination of the member's employment; provided, however, that distribution of the member's DROP Account shall be deferred during the pendency of any hearing or appeal of the member's termination of employment. Should the member be reinstated to employment, the member may continue to participate in the DROP for the full duration of the member's original participation period. Any time during which the member was excluded from DROP participation shall not be deducted from the member's maximum participation period set forth in Section A8.901(a) or (b). (Added by Proposition B, Approved 2/5/2008)

(a) It is the intent of the voters that the DROP shall not jeopardize in any way the tax qualified status of the Retirement System under Section 401 of the Internal Revenue Code of 1986, as amended from time to time, including, but not limited to, Section 415 of the Code, as amended.

(b) The Board of Supervisors shall adopt ordinances and the Retirement Board shall adopt such rules as may be necessary to implement the DROP, regulate investment and distribution of the DROP contributions, establish forms and procedures for designating beneficiaries of the DROP Account, and all such other matters as may be necessary, in its discretion, to implement the Program no later than July 1, 2008 and to assure its tax-qualified character. (Added by Proposition B, Approved 2/5/2008)

(a) Upon the termination or conclusion of a member's participation in the DROP, the member shall be paid a lump sum equal to the balance in the member's DROP Account, or, pursuant to the member's instructions, that balance shall be paid as a direct rollover into a qualified retirement plan. The Retirement Board shall establish rules, and may develop such forms as may be appropriate, regarding distribution of the DROP Account proceeds, the rollover of such proceeds into a qualified retirement plan, and the time periods within such which distributions may be made. (b) Upon the voluntary withdrawal of a member from the DROP, or the expiration of their participation period, the member shall be deemed to be retired on a service pension and shall then commence receiving directly the monthly service pension amount calculated pursuant to Section A8.903, including any cost of living adjustments to which the member would have been otherwise entitled during the time of their participation in the DROP, and shall, for all other purposes under this Charter and state law be deemed to be a retired member of the Police Department. (Added by Proposition B, Approved 2/5/2008)