San Francisco County Municipal Code Art. XVII Definitions

For all purposes of this Charter, the following terms shall have the meanings specified below: "Business day" shall mean any day other than a Saturday, Sunday or holiday on which governmental agencies are authorized by law to close. "Confirm" or "confirmation" shall mean the approval by a majority of the members of the Board of Supervisors. "Discrimination" shall mean violations of civil rights on account of race, color, religion, creed, sex, national origin, ethnicity, age, disability or medical condition, political affiliation, sexual orientation, ancestry, marital or domestic partners status, gender identity, parental status, other non-merit factors, or any category provided for by ordinance. "Domestic partners" shall mean persons who register their partnerships pursuant to the voter-approved Domestic Partnership Ordinance. "Elector" shall mean a person registered to vote in the City and County. "For cause" shall mean the issuance of a written public statement by the Mayor describing those actions taken by an individual as a member of a board or commission which are the reasons for removal, provided such reasons constitute official misconduct in office. “General municipal election” shall mean the election for local officials or measures to be held in the City and County on the Tuesday immediately following the first Monday in November in every year until and including 2022. Thereafter, “general municipal election” shall mean the election for local officials or measures to be held in the City and County on the Tuesday immediately following the first Monday in November in all even-numbered years. "Initiative" shall mean (1) a proposal by the voters with respect to any ordinance, act or other measure which is within the powers conferred upon the Board of Supervisors to enact, any legislative act which is within the power conferred upon any other official, board, commission or other unit of government to adopt, or any declaration of policy; or (2) any measure submitted to the voters by the Mayor or by the Board of Supervisors, or four or more members of the Board. "Notice" shall mean publication (as defined by ordinance), and a contemporaneous filing with the Clerk of the Board of Supervisors or other appropriate office. "One-third," "a majority" or "two-thirds" of the Board of Supervisors or any other board or commission of the City and County shall mean one-third, a majority or two-thirds of all members of such board or commission. "Published" shall have the meaning ascribed to the term by the Board of Supervisors by ordinance. The Board of Supervisors shall seek a recommendation from the Clerk of the Board of Supervisors before adopting such an ordinance. "Referendum" shall mean the power of the voters to nullify ordinances involving legislative matters except that the referendum power shall not extend to any portion of the annual budget or appropriations, annual salary ordinances, ordinances authorizing the City Attorney to compromise litigation, ordinances levying taxes, ordinances relative to purely administrative matters, ordinances necessary to enable the Mayor to carry out the Mayor's emergency powers, or ordinances adopted pursuant to Section 9.106 of this Charter. "Special municipal election" shall mean, in addition to special elections otherwise required by law, the election called by (1) the Director of Elections with respect to an initiative, referendum or recall, and (2) the Board of Supervisors with respect to bond issues, election of an official not required to be elected at the general municipal election, or an initiative or referendum. "Statewide election" shall mean an election held throughout the state. "Voter" shall mean an elector who is registered in accordance with the provisions of state law. (Amended November 2003; Proposition A, Approved 11/5/2009; Proposition D, Approved 11/6/2012; Proposition H, Approved 11/8/2022) ARTICLE XVIII:

TRANSITION PROVISIONS Sec. 18.100. Effective Date of this Article XVIII. Sec. 18.101. Operative Date of this Charter; Effect of Enactment on Existing Law. Sec. 18.102. Obligations of Contract Not Impaired. Sec. 18.103. Transfer of 1932 Charter Sections to Ordinance and Initiative Ordinances. Sec. 18.104. Transfer of Functions, Powers and Duties. Sec. 18.105. Changes in Offices and Positions. Sec. 18.106. Official Fidelity Bonds. Sec. 18.107. Rules, Regulations and Administrative Code. Sec. 18.108. Status of Incumbent Officer and Employees. Sec. 18.109. Exempt Positions. Sec. 18.110. Provisional Appointments. Sec. 18.111. Asian Art Museum Status. Sec. 18.112. Preparation and Indexing of this Charter. Sec. 18.113. Mission-Driven Budget Phase-In. Sec. 18.114. Commission Terms. Sec. 18.115. Deletion of Ordinances Regulating Conflicts of Interest and Transfer of Charter Sections Regulating Conflicts of Interest into the Campaign and Governmental Conduct Code.

This Article XVIII shall take effect upon the filing of this Charter with the Secretary of State of the State of California. This Article, and each individual section, shall expire and go out of existence when the last act, required to be done in this Article, or individual section, has been completed; and, thereafter, the Clerk of the Board of Supervisors shall secure its removal from the next printing of this Charter.

EFFECT OF ENACTMENT ON EXISTING LAW. This Charter shall be operative July 1, 1996, and on that date shall supersede the Charter of 1932. Any authority vested in the Mayor to remove commissioners and department heads not granted in the Charter of 1932 shall be effective July 1, 1997. All references in this Article to the "Charter of 1932" shall be to the Charter of 1932, as recodified in 1971, and as amended as of December 31, 1995. To the extent the provisions of this Charter are the same in terms or in effect as provisions of the Charter of 1932, they shall be construed and applied as a continuation of those provisions. All provisions of local law relating to or affecting the City and County in force when this Charter becomes operative are hereby repealed and superseded only to the extent they are inconsistent with the provisions of this Charter. Any amendments to the Charter of 1932 adopted at the November 7 1995, election shall be incorporated into this Charter and shall supersede any conflicting provisions, even if the amendments receive fewer votes than this Charter. The Clerk of the Board of Supervisors, in consultation with the City Attorney, shall conform the format and terminology of the amendments to this Charter. In adopting this revised Charter, the voters do not intend to amend or otherwise affect the provisions of any initiative ordinance in effect on the date this revision is adopted, including the Initiative Refuse Collection and Disposal Ordinance, adopted November 8, 1932, as amended, except that the City Administrator and the General Manager of Public Utilities shall succeed to the functions of the Chief Administrative Officer and the Manager of Utilities, respectively, as specified in that Initiative Ordinance. The Retirement Board shall continue to exercise powers of management and control of workers' compensation programs until those functions are transferred pursuant to previously adopted ordinances to the Department of Human Resources.

IMPAIRED. All rights, claims, actions, orders, obligations, proceedings, bond authorizations and contracts existing on the operative date of this Charter shall not be affected by the adoption of this Charter, except that where functions, powers and duties have been reassigned, the office, agency or department to which the assignment is made shall have charge of the matter.

TO ORDINANCE AND INITIATIVE ORDINANCES. The following sections of the Charter of 1932 shall be deemed enacted into ordinance and may be amended by the Board of Supervisors on the operative date of this Charter; provided, however, that in the instance of conflict or inconsistency between the ordinance or a portion of the ordinance and this Charter, this Charter shall prevail: 1.103 2.101 2.203 2.203-3 3.100, paragraph 8, sentences 5 – 6 3.201 3.301 – 3.303, inclusive 3.402 3.501 3.502 3.523 3.529 3.531

3.601 3.621 – 3.624, inclusive 3.631, 3.632, and 3.634

3.642, second sentence only 3.680, third paragraph only

7.304 7.306 7.308 7.400 – 7.405, inclusive

8.104 8.106 8.311 8.410 – 8.411 9.104, fifth paragraph only

Ordinances and policy declarations adopted by the voters shall not be published as part of this Charter, in an appendix or otherwise, but shall be published as provided in this Charter for other ordinances, and shall be included in any codification of ordinances as provided in this Charter and be designated as initiative ordinances.

DUTIES. On the operative date of this Charter, all offices, agencies and departments of the City and County then in existence under the Charter of 1932 shall continue to perform their functions, exercise their authority and fulfill their responsibilities, as they existed immediately before this Charter's becoming operative subject to the provisions of this Article. Not later than 90 days after the operative date of this Charter, each such office, agency and department for which this Charter does not provide shall cease to exist, and its functions, powers and duties shall be transferred to the appropriate governmental unit created by this Charter or under the authority of this Charter. The Board of Supervisors and the Mayor shall take all action necessary to provide for the orderly transfer of functions, authority and responsibility on or before the date of such transfer.

The Chief Administrative Officer and the Controller serving on November 7, 1995, shall be appointed to the offices, respectively, of City Administrator and Controller. These offices shall have the functions, powers and duties assigned by this Charter, and their initial terms of office in effect immediately prior to the date of this Charter shall remain unchanged, except that the term of office of the City Administrator shall be five years from the incumbent's appointment as Chief Administrative Officer.

The Clerk of the Board of Supervisors serving on November 7, 1995, shall be appointed as Clerk of the Board of Supervisors. This position shall remain a classified position as long as the person holding the position on November 7, 1995, remains in this position. The Secretary-General Manager of the Retirement System serving on November 7, 1995, shall succeed to the position of executive director. This position shall remain a classified position as long as the person holding the position on November 7, 1995, remains in this position. The General Manager of the Department of Social Services shall succeed to the position of executive director of the Department of Human Services. The offices of Assessor and Recorder shall be consolidated no earlier than July 1, 1997. Prior to that date, the functions, powers and duties of the Recorder shall continue to be performed by the Recorder-County Clerk, as that office is established in the Charter of 1932. After July 1, 1997, the functions, powers and duties of the County Clerk shall be transferred to the City Administrator and the functions, powers and duties of the Recorder shall be transferred to the Assessor-Recorder. The person holding office as Recorder-County Clerk at the time of the transfer shall become a deputy department head to the Assessor-Recorder, and shall maintain his or her classified status. The Social Services Commission shall succeed to the Human Services Commission. On the operative date of this Charter, the City Administrator shall be responsible for the following functions until they are reassigned by the Mayor, with approval by the Board of Supervisors, or by operation of this Charter: Department of Public Works, Government Services, Purchasing, Real Estate, Electricity and Telecommunication, Public Guardian, Convention Facilities, Animal Control, County Clerk/Recorder, County Agriculture, Weights and Measures and Registrar of Voters/Department of Elections; Medical Examiner; and all projects previously assigned by ordinance to the Chief Administrative Office, including but not limited to: George R. Moscone Center Project, Clean Water program, Publicity and Advertising Fund, Risk Management, Beautification project, EIPSC, Waterfront project and Solid Waste Management.

The Board of Supervisors shall determine the initial fidelity bond requirements under this Charter within 90 days after the operative date of this Charter. Until the Board of Supervisors determines such requirements for officials of the City and County, the bonds existing on the operative date of this Charter shall be maintained.

ADMINISTRATIVE CODE. Each officer, department, agency, board and commission responsible for rules and regulations of the City and County under this Charter shall, within 90 days of the operative date of this Charter, review all rules and regulations for which it is responsible and amend and adopt rules and regulations consistent with this Charter.

EMPLOYEES. The changes in and transfers of functions, powers and duties which occur at the time this Charter becomes operative shall not affect or impair the rights or privileges of permanent civil service officers or employees of the City and County relating to appointment, rank, grade, compensation, tenure of office, promotion, discipline, removal, pensions and retirement, except as provided in this Charter. Whenever a position previously within the classified municipal civil service is, pursuant to this Charter, designated exempt from the civil service provisions of this Charter, the permanent civil service incumbent in such position at the time this Charter becomes operative shall continue to have civil service status in that position under the civil service provisions of this Charter. If by the terms of this Charter, or action taken by authority of this Charter: 1. All or substantially all of the duties of any position exempt from the civil service provisions of the Charter of 1932 are transferred to another office, agency or department, that position shall be transferred to that office, agency or department and the person holding the position on the operative date of this Charter shall be transferred with the position.

2. All or substantially all of the duties of any civil service position are transferred to another office, agency or department, that position shall be transferred to that office, agency or department and the permanent civil service appointee holding the position on the operative date of this Charter shall be transferred with the position.

The Board of Supervisors and the Mayor, through the budget for the fiscal year ending June 30, 1996, shall designate the positions exempt from civil service, within the categories provided in Article X of this Charter.

Unless their appointments are renewed pursuant to the provisions of Section 10.105, the employment of all provisional employees, appointed under the Charter of 1932, whose appointment does not meet the provisions of this Charter, shall be terminated within three years of the operative date of this Charter in accordance with the rules and regulations governing layoffs. Such provisional employees may qualify for certification as eligibles under rules and regulations expressly authorized by civil service rules approved by the Board of Supervisors. Such rules may establish special credit for civil service examinations for years of service or, through other methods, recognize the service of such employees who have held such employment for more than six months at the operative date of this Charter.

During such time as the Asian Art Museum is located in a wing of the M. H. de Young Memorial Museum, the Commission shall control and manage the collections housed in that wing as provided for in the July 2, 1969 Management Agreement between the Committee of Asian Art and Culture and the Board of Trustees of the de Young Museum, a copy of which is on file with the Clerk of the Board of Supervisors.

CHARTER. The City Attorney shall correct typographical errors and prepare an index prior to the operative date and publication of this Charter.

The mission-driven budget process shall be phased in over a three-year period with the Mayor identifying for each of the three years approximately one-third of the City departments that shall thenceforth be required to comply with the requirements of Sections 9.114, 9.115 and 9.116.

Whenever a new board or commission is created in this Charter, or additional members are added to an existing board or commission, the Mayor shall appoint the initial members to staggered terms.

CONFLICTS OF INTEREST AND TRANSFER OF CHARTER SECTIONS REGULATING CONFLICTS OF INTEREST INTO THE CAMPAIGN AND GOVERNMENTAL CONDUCT CODE. (a) On the effective date of this Charter Amendment, Section 1.50 of the Administrative Code and Section 1.200; Article III, Chapter 2 and Section 3.200; Article III, Chapter 3 and Section 3.300; Article III, Chapter 4 and Sections 3.400 and 3.405; Article III, Chapter 5 and Sections 3.500, 3.505, 3.510. 3.515, 3.520, 3.525, 3.530, 3.535, 3.540, 3.545; Article III, Chapter 6 and Section 3.600; and Article III, Chapter 7 and Sections 3.700, 3.705, 3.710, 3.715, 3.720, 3.725, 3.730, 3.735, and 3.740 of the Campaign and Governmental Conduct Code shall be deemed repealed, and the City Attorney is authorized and directed to take appropriate steps to remove them from future editions of published codes. (b) On the effective date of this Charter Amendment, Charter Sections C9.101 - C9.127 shall be deemed enacted into ordinance, and the City Attorney is directed and authorized to codify Section C9.101 as Administrative Code Section 1.50; Section C9.102 as Campaign and Governmental Conduct Code Section 1.200; Section C9.103 as Campaign and Governmental Conduct Code Section 3.1-102.5; Section C9.127 in a new Chapter 3 of the Campaign and Governmental Conduct Code titled "Ethics Commission" as Section 3.300; and the remaining sections in a new Chapter 2 of the Campaign and Governmental Conduct Code titled "Conflict of Interest and Other Prohibited Activities" as follows: Section C9.104 as Section 3.200; Section C9.105 as Section 3.202; Section C9.106 as Section 3.204; Section C9.107 as Section 3.206; Section C9.108 as Section 3.208; Section C9.109 as Section 3.210; Section C9.110 as Section 3.212; Section C9.111 as Section 3.214; Section C9.112 as Section 3.216; Section C9.113 as Section 3.218; Section C9.114 as Section 3.220; Section C9.115 as Section 3.222; Section C9.116 as Section 3.224; Section C9.117 as Section 3.226; Section C9.118 as Section 3.228; Section C9.119 as Section 3.230; Section C9.120 as Section 3.232; Section C9.121 as Section 3.234; Section C9.122 as Section 3.236; Section C9.123 as Section 3.238; Section C9.124 as Section 3.240; Section C9.125 as Section 3.242; and Section C9.126 as Section 3.244. These sections may be amended by the Board of Supervisors if (a) the amendment serves the purposes of the Ordinance; (b) the Ethics Commission approves the proposed amendment by at least a four-fifths vote of all its members; (c) the proposed amendment is available for public review at least 30 days before the amendment is considered by the Board of Supervisors; and (d) the Board of Supervisors approves the proposed amendment by at least a two-thirds vote of all its members. (Added November 2003) CHARTER APPENDICES

Appendix A. Employment Provisions Appendix B. Port Agreements Appendix C. Ethics Provisions Appendix D. Building Inspection Provisions Appendix E. Supervisorial District Boundaries Appendix F. Authority and Duties of City Services Auditor

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.

A7.204 CONTRACTORS' WORKING CONDITIONS

Every contract for any public work or improvement to be performed at the expense of the City and County, or paid out of moneys deposited in the treasury, whether such work is to be done directly under contract awarded, or indirectly by or under subcontract, subpartnership, day labor, station work, piece work, or any other arrangement whatsoever, must provide: (a) that in the performance of the contract and all work thereunder, eight hours shall be the maximum hours of labor on any calendar day, except that hours of labor in excess of eight hours per day may be permitted when conditions so warrant upon the approval of the department head responsible for the supervision of the contract, provided that compensation for all hours worked in excess of eight hours per day conforms to the requirements of the Labor Code of the State of California and all applicable federal laws; (b) that any person performing labor thereunder shall be paid not less than the highest general prevailing rate of wages in private employment for similar work; however, the Board of Supervisors may by resolution exempt from the prevailing wage requirement any contract where the work is to be performed by a non-profit organization that provides job training and work experience for disadvantaged individuals in need of such training and experience, and either (1) has a board of directors which is appointed by the Mayor, or (2) exists primarily to design and build urban gardens, yards and play areas; (c) that any person performing labor in the execution of the contract shall be a citizen of the United States; (d) that all laborers employed in the execution of any contract within the limits of the City and County shall have been residents of the City and County for a period of one year immediately preceding the date of their engagements to perform labor thereunder; provided, however, that the officer empowered to award any such contract may, upon application of the contractor, waive such residence qualifications and issue a permit specifying the extent and terms of such waiver whenever the fact be established that the required number of laborers and mechanics possessing qualifications required by the work to be done cannot be engaged to perform labor thereunder. The term "public work" or "improvement," as used in this section shall, include the fabrication, manufacturing or assembling of materials in any shop, plant, manufacturing establishment or other place of employment, when the said materials are of unique or special design, or are made according to plans and specifications for the particular work or improvement and any arrangement made for the manufacturing, fabrication or assembling of such materials shall be deemed to be a contract or a subcontract subject to the provisions of this section. The Board of Supervisors shall have full power and authority to enact all necessary ordinances to carry out the terms of this section and may by ordinance provide that any contract for any public work or improvement or for the purchase of materials which are to be manufactured, fabricated or assembled for any public work or improvement, a preference in price not to exceed 10 percent shall be allowed in favor of such materials as are to be manufactured, fabricated or assembled within the City and County of San Francisco as against similar materials which may be manufactured, fabricated or assembled outside thereof. When any such materials are to be fabricated, assembled or manufactured by any subcontractor or materialman for the purpose of supplying the same to any contractor bidding on or performing any contract for any public work or improvement, said sub-contractor or materialman manufacturing, fabricating, assembling or furnishing said materials manufactured, assembled or fabricated within the City and County of San Francisco shall be entitled to the same preferential as would any original contractor or materialman furnishing the same if the Board of Supervisors by ordinance so provide. When any ordinance shall so provide any officer, board or commission letting any contract may in determining the lowest responsible bidder for the doing or performing of any public work or improvement add to said bid or sub-bid an amount sufficient not exceeding 10 percent in order to give preference to materials manufactured, fabricated or assembled within the City and County of San Francisco. A8.329 CERTIFICATION OF ELIGIBLES Whenever a position controlled by the civil service provisions of this Charter is to be filled, the appointing officer shall make a requisition to the department of human resources for a person to fill it. Thereupon, the department shall certify to the appointing officer the names and addresses of all those persons meeting the certification rule established for that classification. The Civil Service Commission shall establish certification rules. Certification rules shall not be more restrictive than the certification of all candidates receiving the three highest scores on the list of eligibles for such positions. The appointing officer shall fill the position by the appointment of one of the persons certified. In making such certification, sex shall be disregarded except when a statute, rule of the commission or the appointing officer specifies sex; provided however, the appointing officer shall give due consideration to applicable civil service equal employment opportunity (EEO) goals so as to maximize diversity at all levels of City employment. The Mayor and the Board of Supervisors shall annually review each department's performance in meeting its civil service EEO obligations. From the requisition of the appointing officer or otherwise, the department shall determine whether the position is, in character, temporary, seasonal or permanent, and shall notify the candidate in accordance therewith to the end that the candidate may have knowledge of the probable duration of employment. The dep

view each department's performance in meeting its civil service EEO obligations. From the requisition of the appointing officer or otherwise, the department shall determine whether the position is, in character, temporary, seasonal or permanent, and shall notify the candidate in accordance therewith to the end that the candidate may have knowledge of the probable duration of employment. The department shall provide for such waiver of temporary or seasonal employment as it may deem just to candidates. Notwithstanding anything to the contrary in this or any other provision of the Charter, an employee who has been certified from a regularly adopted eligible list to a non-permanent position in a civil service classification shall be entitled to appointment to a permanent position within that same classification before the department certifies to the appointing officer the names and addresses of persons standing higher on the list of eligibles who are not then current employees, subject to a demonstration of satisfactory job performance in the non-permanent position for a period and in the manner provided by rule of the commission. The provisions of this section as herein

amended shall only be applicable to requisitions for permanent positions filled from and after January 1, 1980. A8.341 REMOVAL OR DISCHARGE OF PERMANENT, NON-PROBATIONARY EMPLOYEES A. Any person employed under the civil service provisions of this Charter, exclusive of members of the uniformed ranks of the police and fire departments as provided under Section 8.343 hereof, in a position defined by the commission as "permanent" may be removed or discharged by the appointing officer for just cause, after being provided with written notice of the charges, copies of all documentation upon which the charges are based and after an opportunity to respond to the charges before the appointing officer or his or her designee. Pending investigation of conduct involving misappropriation of public funds or property, misuse or destruction of public property, drug addiction or habitual intemperance, mistreatment of persons, immorality, acts which would constitute a felony or misdemeanor involving moral turpitude, or acts which present an immediate danger to the public health and safety the appointing officer may place the accused person on unpaid administrative leave for no more than 30 days unless the investigation shall be delayed beyond such time by the act of the accused person. When the appointing officer imposes discharge or removal he or she shall, in writing, notify the person removed or discharged of the right to appeal the discharge or removal by mailing such statement to his last known address. The employee shall have thirty days from the date of mailing of the notice to file an appeal of the matter in writing with the appointing officer. Upon receipt of a timely appeal, the appeal shall be conducted forthwith by a qualified and unbiased hearing officer who shall be employed under contract by the City and County and selected by procedures set forth in the rules of the civil service commission. The hearing officer shall publicly hear and determine the appeal, and may approve the discharge or removal, or exonerate, or suspend the accused. If the employee is exonerated the hearing officer may, at his or her discretion, order payment of salary to the employee for the period of the discharge or removal or unpaid administrative leave, and the report of such period of discharge or removal or unpaid administrative leave shall thereupon be expunged from the record of service of such employee. The civil service commission shall immediately be notified of the charges when made, of the action of the appointing officer to remove or discharge, of the appeal, and of the finding thereon. The finding of the hearing officer shall be final. The civil service commission may remove or discharge an employee for any charge filed by a citizen or by any member of or authorized agent of the commission when the appointing officer neglects or refuses to take such action against the employee within 30 days of notification to the department head of the occurrence or event giving rise to the charge. Removal or discharge may be made for any cause after the employee is provided with written notice of the charges, copies of all documentation upon which the charges are based and after the employee has had the opportunity to respond to the charges before the civil service commission or its designee. The decision of the civil service commission shall be final. Nothing in this section shall limit or restrict rules adopted by the commission governing dismissal of probationary employees, lay- offs or reduction in force or providing for the removal of any appointee who has abandoned his or her position as defined by civil service commission rule. B. Notwithstanding the provisions of Subsection A above, a recognized employee organization and any affected City department may agree to alternative procedures, including final and binding arbitration by a neutral arbitrator jointly selected by the employee organization and the City, to deal with charges brought against individual employees, the resolution of such charges and the appropriate discipline, if any, to be imposed on the employee. Said alternative procedures shall be included in a Memorandum of Understanding between the City and the employee organization which shall be effective when ratified by the Board of Supervisors. A8.342 DISCIPLINARY SUSPENSIONS 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. A8.343 FINE, SUSPENSION AND DISMISSAL IN POLICE AND FIRE DEPARTMENTS Members of the uniformed ranks of the fire or the police department guilty of any offense or violation of the rules and regulations of

their respective departments, shall be liable to be punished by reprimand, or by fine not exceeding one month’s salary for any offense, or by suspension for not to exceed three months, or by dismissal, after trial and hearing by the commissioners of their respective departments; provided, however, that the chief of each respective department for disciplinary purposes may suspend such member for a period not to exceed 10 days for violation of the rules and regulations of his department. Any such member so suspended shall have the right to appeal such suspension to the fire commission or to the police commission, as the case may be, and have a trial and hearing on such suspension. Written notice of appeal must be filed within 10 days after such suspension and the hearing of said appeal must be held within 30 days after the filing of said notice of appeal. If the commission shall reverse or alter the finding of the chief, it shall order that the member affected be paid salary for the time of the suspension received or altered. In the event the chief should exercise such power of suspension, the member involved shall not be subject to any further disciplinary action for the same offense; provided, that where the Department of Police Accountability has sustained a complaint and recommended discipline in excess of a 10-day suspension, the Chief of Police may not exercise his or her power of suspension under this section without first meeting and conferring with the Director of the Department of Police Accountability and affording the Director an opportunity to verify and file charges with the Police Commission pursuant to Section 4.136. If the Director of the Department of Police Accountability verifies and files charges, the Police Commission shall conduct a trial and hearing thereon, and the Chief of Police may not suspend the member pending the outcome of the Police Commission proceedings on the charges except as provided in Section A8.344. Subject to the foregoing, members of the uniformed ranks of either department shall not be subject to dismissal, nor to punishment for any breach of duty or misconduct, except for cause, nor until after a fair and impartial trial before the commissioners of their respective departments, upon a verified complaint filed with such commission setting forth specifically the acts complained of, and after such reasonable notice to them as to time and place of hearings as such commission may, by rule, prescribe. The accused shall be entitled, upon hearing, to appear personally and by counsel; to have a public trial; and to secure and enforce, free of expense, the attendance of all witnesses necessary for his defense. (Amended November 2003; Proposition G, Approved 11/8/2016) A8.344 TEMPORARY SUSPENSION PENDING 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) A8.345 DISCIPLINARY ACTION AGAINST STRIKING EMPLOYEES The people of the City and County of San Francisco hereby find that the instigation of, or participation in, strikes against said City and County by any member of the uniformed forces of the police or fire departments constitutes a serious threat to the lives, property and welfare of the citizens of said City and County and hereby declares as follows: No uniformed member of the police and fire departments employed under the civil service provisions of this Charter shall instigate, participate in, or afford leadership to a strike against the City and County, or engage in any picketing activity in furtherance of such a strike. In the event of any such strike against the City and County, it shall be the duty of the appropriate appointing officer of the City and County to ascertain the identity of any officer or employee of the City and County under his jurisdiction who is in violation of the provisions of this section and to initiate dismissal proceedings against said officer or employee in accordance with the provisions of Section 8.341 of this chapter. Any citizen of the City and County may file written charges against an officer or employee in violation of the provisions of this section and the appropriate appointing officer shall receive and investigate, without delay, any such written charge, and forthwith inform said citizen of findings and action, or proposed action, thereon. If the appointing officer, after a hearing, determines that the charges are supported by the evidence submitted, said appointing officer shall dismiss the employee involved and said employee shall not be reinstated or returned to City and County of San Francisco employment except as a new employee who is employed in accordance with the regular employment practices of the City and County in effect for the particular position of employment.

In the event any appointing officer determines that he shall be unable to meet constitutional due process requirements in providing a timely hearing to any officer or employee charged hereunder, he may, subject to the budget and fiscal provisions of the Charter, engage the services of one or more qualified hearing officers to conduct hearings hereunder. In conducting said hearings, any hearing officer shall have the same powers as granted to an appointing officer hereunder. No officer, board or commission of the City and County shall have the power to grant amnesty to any person charged with a violation of any of the provisions of this section. In order to bring the provisions of this section to the attention of any person who may be affected thereby, each member of the uniformed force of the police department and each member of the uniformed force of the fire department on the effective date of this section, and each person appointed to the position of Q2 police officer or the position of H2 fireman on or after the effective date of this section shall be furnished a copy of the provisions of this section and shall make under oath and file in the office of the civil service commission the following declaration: "I hereby acknowledge receipt of a copy of the provisions of Section 8.345 of the Charter of the City and County of San Francisco and hereby declare that during the term of my employment in either the Police Department or the Fire Department of said City and County, I shall neither instigate, participate in or afford leadership to a strike against said City and County nor engage in any picketing activity in furtherance of such a strike." A dismissal imposed pursuant to this section (8.345) shall not be appealable to the civil service commission. A8.346 DISCIPLINARY ACTION AGAINST STRIKING EMPLOYEES OTHER THAN MEMBERS OF POLICE AND FIRE DEPARTMENT The people of the City and County of San Francisco hereby find that the instigation of or participation in, strikes against said City and County by any officer or employee of said City and County constitutes a serious threat to the lives, property, and welfare of the citizens of said City and County and hereby declare as follows: (a) As used in this section the word "strike" shall mean the willful failure to report for duty, the willful absence from one's position, any concerted stoppage or slowdown of work, any concerted interruption of operations or services by employees, or the willful abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions of employment; provided, however, that nothing contained in this section shall be construed to limit, impair, or affect the right of any municipal employee to express or communicate a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of municipal employment or their betterment, so long as the same is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment. (b) No person holding a position by appointment or employment under the civil service provisions of this Charter, exclusive of uniformed members of the police and fire departments as provided under Section 8.345 of this Charter, which persons are hereinafter referred to as municipal employees, shall strike, nor shall any municipal employee cause, instigate, or afford leadership to a strike against the City and County of San Francisco. For the purposes of this section, any municipal employee who willfully fails to report for duty, is willfully absent from his or her position, willfully engages in a work stoppage or slowdown, willfully interrupts City operations or services, or in any way willfully abstains in whole or in part from the full, faithful, and proper performance of the duties of his or her employment because such municipal employee is "honoring" a strike by other municipal employees, shall be deemed to be on strike. (c) No person exercising any authority, supervision, or direction over any municipal employee shall have the power to authorize, approve, or consent to a strike by any one or more municipal employees, and such person shall not authorize, approve, or consent to such strike. No officer, board, commission or committee of the City and County of San Francisco shall have the power to grant amnesty to any person who has violated any of the provisions of this section, and such officer or bodies shall not grant amnesty to any person who has violated any of the provisions of this section. (d) Notwithstanding any other provision of law, a person violating any of the provisions of this section may subsequent to such violation be appointed or reappointed, employed or re-employed as a municipal employee of the City and County of San Francisco, but only on the following conditions: (1) such person shall be appointed or reappointed, employed or re-employed as a new appointee or employee, who is appointed or employed in accordance with all Charter provisions, ordinances, rules or regulations of said City and County in effect for new employees at the time of appointment, reappointment, employment or re-employment; (2) the compensation of such person shall not be increased by virtue of any previous employment with said City and County. (e) In the event of a strike, or if the Mayor with the concurrence of a majority of the Board of Supervisors determines that a strike is imminent, a special committee shall convene forthwith, which special committee shall consist of the presidents of the airports commission, civil service commission, fire commission, police commission, public transportation commission and public utilities commission. The president of the civil service commission shall serve as chairman of the special committee. Notwithstanding any other provisio

is imminent, a special committee shall convene forthwith, which special committee shall consist of the presidents of the airports commission, civil service commission, fire commission, police commission, public transportation commission and public utilities commission. The president of the civil service commission shall serve as chairman of the special committee. Notwithstanding any other provision of law, it shall be the duty of the special committee to dismiss in accordance with the provisions of this section any municipal employee found to be in violation of any provisions of this section. Any person may file with the special committee written charges against a municipal employee or employees in violation of any of the provisions of this section and the special committee shall receive

and investigate, without undue delay, and where necessary take appropriate actions regarding any such written charge(s), and forthwith inform that person of its findings and action, or proposed action thereon. In the event of a strike or determination of imminent strike as specified above, each appointing officer shall deliver each day no later than 12:00 o'clock noon to the chairman of the special committee a record of the absence of each employee under his or her authority for the prior day and a written report describing incidents of and the participant(s) in violations of this section wherever the identity of the participant(s) is known to him or her and the participant(s) is (are) under his or her authority. In addition each appointing officer shall provide to the special committee, whenever it has been convened under authority of law, any other information determined by the special committee to be necessary for the discharge of its duties. The failure of an appointing officer to discharge any of the duties imposed upon him or her by this section shall be official misconduct. (f) An employee charged by the special committee with a violation of this section shall be notified of the time and place of the hearing on the charges and of the nature of the charges against him or her. Said employee shall be given such other information as is required by due process. Said employee shall respond to said charges by a sworn affidavit, signed by him or her, and by such other information and documentation and in such a manner as is prescribed by the special committee. An employee failing to provide the responses required by this section or in any way failing to comply with the procedural time limitations and information requirements imposed by the special committee shall be immediately suspended and shall not be entitled to a hearing until he or she has fully complied with the aforementioned requirements. If the special committee, after a hearing, determines that the charges against the employee are supported by the preponderance of the evidence submitted, said special committee shall dismiss the employee involved and said employee shall not be reinstated or returned to City and County service except as specified in Subsection (d). A dismissal or suspension invoked pursuant to the provisions of this section shall not be appealable to the civil service commission. (g) The special committee shall discharge its duties in a timely manner while preserving the due process rights of employees with the objective of obtaining immediate sanctions against striking employees. The willful failure of any member of this special committee faithfully and fully to discharge his or her duties in a timely manner and to accord absolute priority to the performance of those duties shall be deemed official misconduct. In the event the special committee determines that it shall be unable to comply with constitutional due process requirements that a timely hearing be provided or that it shall be unable to comply with its obligations fully and in a timely manner to investigate and hear all violations of this section, then the special committee may, subject to the budget and fiscal provisions of the Charter, engage the administrative and clerical personnel, investigators, and one or more hearing officers to conduct hearings hereunder. In conducting hearings, the hearing officers shall have the same powers of inquiry and disposition as the special committee. (h) In order to provide for the effective operation of this section in the event of a strike or determination of imminent strike, the president of the civil service commission, not later than 30 days after this section becomes effective, shall convene the special committee which shall adopt rules, regulations, and procedures for the investigation, hearing and disposition of all violations of this section. (i) In order to bring the provisions of this section to the attention of any person who may be affected thereby, each municipal employee on the effective date of this section, exclusive of members of the uniformed forces of the police and fire departments as provided in Section 8.345 hereof, and each person appointed or employed as a municipal employee pursuant to the civil service provisions of this Charter, exclusive of persons appointed to the entrance positions in the uniformed forces of the police and fire departments as provided in Section 8.345 hereof, on or after the effective date of this section shall be furnished a copy of this section and shall acknowledge such receipt in writing. The signed, written receipt shall be filed in the office of the civil service commission and maintained therein for the term of his or her employment with the City and County of San Francisco. (j) The provisions of Sections 3.100 and 3.100-1, relating to the emergency powers of the Mayor, shall not be applicable to the provisions of this section. (k) If any clause, sentence, paragraph, subsection, or part of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subsection, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Editor’s Note: In PERB Decision No. 2867-M (July 24, 2023), the California Public Employment Relations Board determined that Section A8.346 is unlawful, and ordered the City and County of San Francisco to cease and desist from maintaining and enforcing Section A8.346 and any references to that section in the Charter. A8.364 AUTHORIZATION TO TRANSFER UNUSED SICK 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

of San Francisco to cease and desist from maintaining and enforcing Section A8.346 and any references to that section in the Charter. A8.364 AUTHORIZATION TO TRANSFER UNUSED SICK 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) A8.365 COMPENSATION DURING PARENTAL LEAVE 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) A8.365-1 DEFINITIONS 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: "Domestic Partner" shall have the same meaning as set forth in Administrative Code Section 62.1 et seq. "Employee" shall mean any person who is appointed to a position created by or which is under the jurisdiction of the City and County, whose compensation is paid by the City and County, and who is under the control of the City and County as to employment, direction and discharge and does not include persons who occupy classified or certificated positions with the San Francisco Unified School District or the Community College District or who work for the City as independent contractors. "Paid Leave" shall mean all paid time-off provided by the Charter, the Administrative Code, the Civil Service Rules or through a collective bargaining agreement and shall include but not be limited to vacation, sick leave, compensatory time, administrative or executive leave and floating holidays. For purposes of this section, "Paid Leave" shall not include statutory holidays. "Parental Leave" shall mean (a) Family Medical Leave as defined below; (b) Temporary Pregnancy Disability Leave as defined below: (a) "Family Medical Leave" shall mean leave taken pursuant to the Family and Medical Leave Act, the California Family Rights Act, or Civil Service Commission Rules, where such leave is taken after the birth of a child to the Employee, the Employee's spouse or the Employee's Domestic Partner or for placement of a child with the Employee's family for adoption or foster care, and has been requested and approved in accordance with the procedures set forth in those respective statutes or rules, except to the extent that those statutes, rules, or any associated regulations allow an employer to limit leave to a combined total maximum duration if more than one employee qualifies to take leave for the birth or placement of the same child. Charter Sections A8.365 through A8.365-4 are intended to provide each Employee the maximum duration of Parental Leave to which he or she would otherwise be entitled under its provisions, regardless of the amount of leave taken by another Employee for the birth or placement of the same child. (b) "Temporary Pregnancy Disability Leave" shall mean disability leave taken in accordance with State law or the Civil Service Commission Rules because of an Employee's inability to work, as certified by a health care provider, for reasons of pregnancy, childbirth, or related conditions, as defined by the California Fair Employment and Housing Act, Govt. Code Section 12945. "Supplemental Compensation" shall mean compensation paid by the City to eligible Employees on Parental Leave. The amount of Supplemental Compensation shall be the Employee's regular base wage less (1) all accrued Paid Leave from the City with the exception of40 hours of sick leave and (2) any payments received by the Employee from a federal, state or other local government agency in lieu of compensation. (Added November 2002; amended November 2015) *Editor’s Note: The “Paid Leave” definition in this section also includes paid time off provided by the Labor and Employment Code. See Ord. 221-23. A8.365-2 ELIGIBILITY

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) A8.365-3 DURATION 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) A8.365-4 SUPPLEMENTAL COMPENSATION (a) Employees shall receive their regular base wage while on approved Parental Leave subject to the following conditions; (1) Employees on approved Parental Leave shall first exhaust all accrued Paid Leave, with the exception of 40 hours of sick leave, before receiving any Supplemental Compensation. Alternatively, if an Employee chooses not to exhaust accrued leaves as required by the previous sentence, the total amount of Supplemental Compensation for which the Employee would otherwise be eligible will be reduced by the total amount of accrued Paid Leave the Employee chooses to retain, with the exception of 40 hours of accrued sick leave. (2) The amount of Supplemental Compensation shall be reduced by any payments received by the Employee from a federal, state or other local government agency while on Parental Leave. (3) Supplemental Compensation shall be provided for no more than 12 weeks, in the case of Employees taking Family Medical Leave, or 16 weeks, in the case of Employees who take Temporary Pregnancy Disability Leave. For Employees eligible for both Family Medical Leave and Temporary Pregnancy Disability Leave, Supplemental Compensation shall be provided for no more than 16 weeks total. The 12 or 16 week period shall be reduced by any Paid Leave taken by the Employee: (A) after the birth of a child to the Employee, the Employee's spouse, or the Employee's Domestic Partner; (B) after placement of a child with the Employee's family for adoption or foster care; or (C) for temporary pregnancy disability, within 12 months prior to the commencement of Parental Leave as defined herein. (4) Under no circumstance shall an Employee receive from the City Supplemental Compensation which would result in an Employee receiving total compensation while on Parental Leave which is greater than the Employee's regular base wage. (b) During Parental Leave, the City shall continue to pay the contributions required by this Charter for retirement and health benefits, and any employer-paid Employee retirement and health contributions required under the memorandum of understanding or unrepresented ordinance covering the Employee. Retirement contributions shall be based on the actual amount of City pay received during the period of Parental Leave. (c) The amendment of this Section A8.365-4 approved at the November 3, 2015 election shall apply only to Employees who have not yet begun Parental Leave on the effective date of the amendment, or who have begun Parental Leave but have not yet exhausted all of their accrued sick leave on the effective date of the amendment. (Added November 2002; amended November 2015) A8.365-5 REIMBURSEMENT 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) A8.365-6 NON-VESTED BENEFIT 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

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) A8.400 GENERAL RULES FOR ESTABLISHING AND PAYING COMPENSATION (a) The Board of Supervisors shall have power and it shall be its duty to fix by ordinance from time to time, as provided in Section 8.401, all salaries, wages and compensations of every kind and nature, except pension or retirement allowances, for the positions, or places of employment, of all officers and employees of all departments, offices, boards and commissions of the City and County in all cases where such compensations are paid by the City and County. (b) The Board of Supervisors shall have power by ordinance to provide the periods when salaries and wages earned shall be paid provided, that until such ordinance becomes effective, all wages and salaries shall be paid semi-monthly. No salary or wage shall be paid in advance. It shall be official misconduct for any officer or employee to present or approve a claim for full-time or continuous personal service other than in the manner provided by this Charter. (c) All personal services shall be paid by warrants on the basis of a claim, bill, timeroll or payroll approved by the head of the department or office employing such service. The claims, bills or payrolls, hereinafter designated as payrolls, for salaries, wages or compensation for personal services of all officers, assistants and employees of every class or description, without regard to the name or title by which they are known, for each department or office of the City and County shall be transmitted to the department of human resources before presentation to the controller. (d) The human resources director shall verify that all persons whose names appear on payrolls have been legally appointed to or employed in positions legally established under this Charter. In performing such verification said director may rely upon the results of electronic data processing. Said director shall direct his attention to exception reports produced by such processing; he shall approve or disapprove each item thereon and transmit said exception reports to the controller. The controller shall not draw his warrant for any claim for personal services, salary, wages or compensation which has been disapproved by the said director. (e) For the purpose of the verification of claims, bills, timerolls, or payrolls, contractual services represented by teams or trucks hired by any principal executive or other officer of the City and County shall be considered in the same manner as personal service items and shall be included on payrolls as approved by said principal executive or other officers, and shall be subject to examination and approval by the human resources director and the controller in the same manner as payments for personal services. (f) The salary, wage or other compensation fixed for each officer and employee in, or as provided by this Charter, shall be in full compensation for all services rendered, and every officer and employee shall pay all fees and other moneys received by him, in the course of his office or employment, into the City and County treasury. (g) No officer or employee shall be paid for a greater time than that covered by his actual service; provided, however, that the basic amount of salary, wage or other compensation, excluding premium pay differentials of any type whatsoever of any officer or employee who may be called upon for jury service in any municipal, state or federal court, shall not be diminished during the term of such jury service. There shall, however, be deducted from the amount of basic salary, wage or other compensation, excluding any pay premium differentials of any type whatsoever payable by the City and County to the officer or employee for such period as such officer or employee may be absent on account of jury service, any amounts which the officer or employee may receive on account of such jury service. Any absence from regular duty or employment while on jury duty shall be indicated on timerolls by an appropriate symbol to be designated by the controller. (h) Notwithstanding any other limitation in the Charter to the contrary, and subject to meet and confer obligations of state law, the Mayor may request that the Board of Supervisors enact, and the Board shall then have the power to so enact, an ordinance entitling City officers or employees called to active duty with a United States military reserve organization to receive from the City the following as part of the individual's compensation: for a period to be specified in the ordinance, the difference between the amount of the individual's military pay and the amount the individual would have received as a City officer or employee had the employee worked his or her normal work schedule, including any merit raises which otherwise would have been granted during the time the individual was on active duty. Any such ordinance shall be subject to the following limitations and conditions: 1. The individual must have been called into active service for a period greater than 30 consecutive days. 2. The purpose for such call to active service shall be extraordinary circumstances and shall not include scheduled training, drills, unit training assemblies, or similar events.

3. The amounts authorized pursuant to such an ordinance shall be offset by amounts required to be paid pursuant to any other law in order that there be no double payments.
   4. Any individual receiving compensation pursuant to such an ordinance shall execute an agreement providing that if such individual does not return to City service within 60 days of release from active duty, or if the individual is not fit for employment at that time, within 60 days of return to fitness for employment, then that compensation 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. Such loan shall be payable in equal monthly installments over a period not to exceed 5 years, commencing 90 days after the individual's release from active service or return to fitness for employment, as the case may be.
   5. Such an ordinance shall not apply to any active duty served voluntarily after the time that the individual is called to active service.
   6. Such ordinance shall not be retroactive. (Amended March 2004) A8.401 EARLY RETIREMENT BENEFITS TARGETED TO MITIGATE LAYOFFS A8.401-1 PURPOSE 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) A8.401-2 EARLY RETIREMENT BENEFITS 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) A8.401-3 AUTHORITY 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) A8.401-4 SCHEDULE 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) A8.401-5 ELIGIBILITY The Director shall develop procedures according to the following criteria and limitations to identify those employees eligible to receive early retirement benefits due to layoffs in Identified Classifications.

(A) The Director shall identify employees eligible for early retirement benefits in the following order: 1. Permanent civil service employees a. In order of seniority, employees currently employed in an Identified Classification and employees laid off between March 1, 2003 and June 30, 2005 from an Identified Classification. b. In order of seniority, employees currently employed in classifications that have been near-listed to an Identified Classification. The Director shall determine seniority at the time of notification using the Civil Service Commission rules on layoff. A current employee who has not received notice that he or she will be separated from employment due to layoff shall be eligible for early retirement benefits only if his or her retirement would result in the retention or return to employment of an employee who has received notice of separation or been separated from employment due to layoff. 2. Exempt and provisional employees. Exempt and provisional employees, employed under Charter Sections 10.104 or 10.105, shall be eligible for early retirement benefits only if they have been involuntarily separated from employment due to layoff between March 1, 2003 and June 30, 2005 from an Identified Classification. (B) The number of employees who receive early retirement benefits in each Identified Classification shall not exceed the number of employees noticed for separation or separated from employment due to layoffs in the Identified Classification. The Controller shall certify the names of the employees identified, and that the number of employees identified for early retirement benefits in each Identified Classification does not exceed the number of employees separated from employment due to layoffs in the Identified Classification. (Added November 2003) A8.401-6 NOTIFICATION PROCEDURE 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) A8.401-7 EXTENSION 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) A8.401-8 COSTS 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) A8.401-9 SCHOOL AND COMMUNITY COLLEGE DISTRICTS 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) A8.401-10 NON-VESTED BENEFIT 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) A8.401-11 DISCRETIONARY AUTHORITY 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) A8.402 COMPENSATION OF TEACHERS, PART-TIME 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. A8.403 COMPENSATION FOR REGISTERED NURSE CLASSIFICATIONS The salary, conditions and benefits of employment of the various classifications of nurses required to possess a registered nurse license issued by the State of California as provided for in this section as compensation shall be determined and fixed annually as follows: (a) On or before May 1, 1982, and each year thereafter, the civil service commission shall certify to the Board of Supervisors for the acute care staff nurse classification the highest prevailing salary schedule in effect on April 15 of that year, and salary adjustments, if any, to be effective during the City and County's next succeeding fiscal year, granted by collective bargaining agreement to comparable registered nurse employees in public and private employment in the counties of Alameda, Contra Costa, Marin, San Mateo, San Francisco and Santa Clara. Rates of pay for other registered nurse classifications shall reflect not less than the same relationships to the benchmark registered nurse classification that those classifications had in fiscal year 1980-1981 to the then benchmark classification. (b) The Board of Supervisors shall on or before June 1, 1982, and each year thereafter, fix a salary schedule for each classification which shall not be in excess of the schedules certified by the civil service commission, for each such classification, except as provided in Subsection (f) below, and provided, further, that no employee's basic rate of pay shall be reduced to conform to the highest prevailing salary schedule except as provided for in Section 8.406; (c) The rates of pay fixed for each classification shall become effective at the beginning of the next succeeding fiscal year; (d) The terms "salary schedule" and "salary schedules" wherever used in this section are hereby defined and intended to include only the maximum rate of pay provided in each such salary schedule; the term "salary adjustments" shall mean an increase or decrease to the maximum rate of pay; (e) At the time the Board of Supervisors fixes the salary schedule as provided in (b) above, the Board of Supervisors may fix as conditions and benefits of employment other than salaries as compensation for each classification, conditions and benefits not to exceed the intent of those conditions and benefits granted by collective bargaining agreements to comparable classifications by the employer used for certification of the highest prevailing salary schedule by the civil service commission. The Board of Supervisors may establish such conditions and benefits notwithstanding other provisions or limitations of this Charter, with the exception that such conditions and benefits shall not involve any change in the administration of or benefits of the Retirement System, health service system or vacation allowances provided elsewhere in this Charter. Conditions and benefits of employment existing prior to July 1, 1982 may be continued by the Board of Supervisors; (f) When the employer used for certification in Subsection (a) above, provides rates of pay during the current fiscal year in excess of those fixed by the Board of Supervisors for said current fiscal year, or vacation and health service benefits greater than such similar benefits provided by this Charter for the staff nurse classification, the civil service commission shall certify to the Board of Supervisors an amount not to exceed the difference of such salary and benefits converted to dollar values and the Board of Supervisors may provide additional salary, conditions and benefits of employment at a cost not to exceed said dollar value.

A8.404 SALARIES AND BENEFITS OF CARMEN (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) A8.404-1 FY 2009-2010 INTERIM ECONOMIC PROVISIONS 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) A8.405 SALARIES OF UNIFORMED FORCES IN THE POLICE AND FIRE DEPARTMENTS (a) Not later than the first day of August of each year, the civil service commission shall survey and certify to the Board of Supervisors rates of compensation paid police officers or patrol officers employed in the respective police departments in all cities of 350,000 population or over in the State of California, based upon the latest federal decennial census. For the purpose of the civil service commission's survey and certification the rates contained in said certification shall be the average of the maximum rates paid to each police officer or patrol officer classification performing the same or essentially the same duties as police officers or patrol officers in the City and County of San Francisco. Thereupon the Board of Supervisors shall have the power, and it shall be its duty, by ordinance, to fix rates of compensation for the members of the police department whose annual compensations are set forth in Section 3.531 of this Charter and said rates shall be in lieu of said annual compensations and shall be effective from the first day of July of the current fiscal year. The rates of compensation, fixed in said ordinance, (1) for the fourth year of service and thereafter for police officers, police patrol drivers and women protective officers the compensation shall be fixed at a rate which is the average maximum wage paid to police officer or patrol officer classifications in regular service in the cities included in the certified report of the civil service commission. "Average wage" as used in this paragraph shall mean the sum of the maximum averages certified by the civil service commission divided by the number of police officer classifications in cities in said certification; (2) for the first, second and third year of service for police officers, police patrol drivers and women protective officers shall be established in accordance with the general percentage differential between seniority steps found in the salary ranges included in the cities certified by the civil service commission for the same class; (3) for said members of the police department other than police officers, police patrol drivers and women protective officers shall include the same percent of adjustment as that established by said ordinance for police officers in the fourth year of service; and (4) shall be set at the dollar amount nearest the fractional amount which may result from percentage adjustment specified in this section, half dollars being taken to the next higher dollar amount. The rates of compensation set forth in the budget estimates, the budget and the annual salary ordinance shall be those fixed by the Board of Supervisors as in this section provided and appropriations therefor shall be based thereon. The expression "rates of compensation," as used in this section in relation to said survey, is hereby declared to apply only to a basic amount of wages, with included range scales, and does not include such working benefits as might be set up by any other City by way of holidays, vacations, other permitted absences of any type whatsoever, overtime, night or split shift, or pay for specialized services within a classification or rank, or other premium pay differentials of any type whatsoever. The foregoing enumeration is not exclusive, but it is

the intent of this section that nothing other than a basic amount of wages, with included range scales, is to be included within the meaning of "rates of compensation." Working benefits and premium pay differential of any type shall be allowed or paid to members of the police department referred to herein only as is otherwise provided in this Charter. For all purposes of the Retirement System, the expression "rates of compensation" as used in this section, shall mean "salary attached to the rank" as used in Section 166 of the Charter of 1932, as amended, and with the addition of fifteen dollars ($15) per month now provided in Subsection (b) with respect to members assigned to two-wheel motorcycle duty, shall also mean "compensation earnable" as used in Section 8.549. The term "police officers or patrol officers" as used in this section shall mean the persons employed in the police departments of said cities of 350,000 population or over or of the City and County of San Francisco, to perform substantially the duties being performed on the effective date of this section by police officers, police patrol drivers and women protective officers in the San Francisco Police Department. In determining years of service necessary for a police officer, woman protective officer and police patrol driver to receive the annual compensation as provided for herein, service rendered prior to the effective date of this amendment shall be given full credit and allowed. The absence of any police officer, woman protective officer or police patrol driver on military leave, as defined by Section 8.361 of this Charter, shall be reckoned a part of his service under the City and County, for the purpose of computing years of service in gaining added compensation as provided for herein. On the recommendation of the chief of police, the commission may reward any member of the department for heroic or meritorious conduct. The form or amount of said reward to be discretionary with the commission, but not to exceed one month's salary in any one instance. If any member of the department appointed as an assistant inspector is a sergeant at the time of the appointment or is appointed a sergeant thereafter, such member shall receive the rate of compensation attached to the rank of sergeant. (b) Not later than first day of August of each year the civil service commission shall survey, and certify to the Board of Supervisors, additional rates of pay paid to members assigned to all two-wheel motorcycle duty in the respective police departments of all cities of 350,000 population or over in the State of California, based upon the latest decennial census. For the purpose of the civil service commission's survey and certification the additional rates for two-wheel motorcycle duty shall include the average additional amount paid to members assigned to two-wheel motorcycle duty in the cities surveyed. Thereupon the Board of Supervisors shall have the power, and it shall be its duty, by ordinance, to fix the additional rate of pay for the members of the police department who are assigned two-wheel motorcycle duty. The additional rate of pay will be determined by the average additional wage paid to members in regular service in the cities included in the certified report of the civil service commission who are assigned to two-wheel motorcycle duty. "Average wage" as used in this paragraph shall mean the sum of the additional rates of pay certified by the civil service commission divided by the number of cities in said certification. Said additional rates shall be in lieu of said annual compensations and shall be effective from the first day of July of the current fiscal year. Said rate of pay shall be in addition to the rate of compensation provided for in Subsection (a). In no event shall the additional rate so fixed be less than fifteen dollars ($15) per month. (c) Not later than the first day of August of each year, the civil service commission shall survey and certify to the Board of Supervisors rates of compensation paid firefighters employed in the respective fire departments of all cities of 350,000 population or over in the State of California, based upon the latest federal decennial census. For the purpose of the civil service commission's survey and certification the rates contained in said certification shall be the average of the maximum rates paid to each firefighter classification performing the same or essentially the same duties as firefighters in the City and County of San Francisco. Thereupon, the Board of Supervisors shall have the power, and it shall be its duty, by ordinance, to fix rates of compensation for the members of the fire department whose annual compensations are set forth or otherwise provided in Section 3.542 of this Charter, and said rates shall be in lieu of said annual compensations and shall be effective from the first day of July of the current fiscal year. The rates of compensation, fixed in said ordinance, (1) for the fourth year of service and thereafter the rate of compensation shall be fixed at a rate which is the average of the maximum compensation paid firefighter classifications in regular service in the cities included in the certified report of the civil service commission. "Average wage" as used in this paragraph shall mean the sum of the maximum averages certified by the civil service commission divided by the number of firefighter classifications in cities in said certification; (2) for the first, second and third year of service for firefighters shall be established in accordance with the general percentage differential between seniority steps found in the salary ranges included in the cities certified by the civil service commission for the same class; (3) for said members of the fire department other than firefighters shall include the same percent of adjustment as that establi

, second and third year of service for firefighters shall be established in accordance with the general percentage differential between seniority steps found in the salary ranges included in the cities certified by the civil service commission for the same class; (3) for said members of the fire department other than firefighters shall include the same percent of adjustment as that established by said ordinance for firefighters in the fourth year of service; and (4) shall be set at the dollar amount nearest the fractional amount which may result from percentage adjustment specified in this section, half dollars being taken to the next higher dollar amount.

The expression "rates of compensation" as used in this section, in relation to said survey, is hereby declared to apply only to a basic amount of wages, with included range scales, and does not include such working benefits as might be set up by any other City by way of holidays, vacations, other permitted absences for any type whatsoever, overtime, night or split shift, or pay for specialized services within a classification or rank, or other premium pay differentials of any type whatsoever. The foregoing enumeration is not exclusive, but it is the intent of this section that nothing other than a basic amount of wages, with included range scales, is to be included within the meaning of "rates of compensation." Working benefits and premium pay differentials of any type shall be allowed or paid to members of the fire department referred to herein only as is otherwise provided in this Charter. For all purposes of the Retirement System, the expression "rates of compensation," as used in Subsections (c) and (d) of this section shall mean "salary attached to the rank" as used in Section 169 of the Charter of 1932, as amended and "compensation earnable" as used in Section 8.549. The term "firefighters" as used in this section shall mean the persons employed, in the fire departments of said cities of 350,000 population or over or of the City and County of San Francisco, to perform substantially the duties being performed on the effective date of this section by drivers, stokers, tillermen, truckmen, or hosemen, in the San Francisco Fire Department. The expression "members of the fire department" does not include members of the fire commission. The absence of any officer or member of the fire department on military leave of absence, as defined by Section 8.361 of this Charter shall be reckoned a part of such member's service under the City and County, for the purpose of computing years of service in gaining added compensation as provided in this Charter. On the recommendation of the chief of department, the commission may reward any officer or member of the department for heroic or meritorious conduct, the form or amount of said award to be discretionary with the fire commission, but not to exceed one month's salary in any one instance. The rates of compensation for the ranks of captain, bureau of fire prevention and public safety, and lieutenant, bureau of fire investigation, shall be thirteen percent (13%) above the compensation established for the ranks of captain and lieutenant as provided for in this section. The rates of compensation for the ranks of inspector, bureau of fire prevention and public safety, and investigator, bureau of fire investigation, shall be ten percent (10%) above the compensation established for the rank of chief's operator as provided for in this section. The rate of compensation shall be set at the dollar amount nearest the fractional amount which may result from percentage adjustment specified in this subsection, half dollars being taken to the next higher dollar amount. (d) The rates of compensation fixed pursuant to the provisions of Subsection (a)(1), (2) and (3) and the rates of compensation fixed pursuant to the provisions of Subsection (c)(1), (2) and (3) shall be the same. Such rates shall not exceed the highest average rate of compensation fixed pursuant to Subsections (a)(1), (2) and (3) and (c)(1), (2) and (3) above, whether it be paid to police officers, patrol officers or firefighters; provided, further, that the minimum rate of compensation attached to the rank of sergeant in the police department shall be equal to the rate of compensation attached to the rank of lieutenant in the fire department. (e) Not later than the 25th day of August the Board of Supervisors shall have the power and it shall be its duty, subject to the fiscal provisions of the Charter but without reference or amendment to the annual budget, to amend the annual appropriation ordinance and the annual salary ordinance as necessary to include the provisions of paying the rates of compensation fixed by the Board of Supervisors as in this section provided for uniformed members of the police and fire departments for the then current fiscal year. Notwithstanding any other Charter provision, the rates of compensation for police officers and firefighters shall be annually further increased as follows: (1) In the event that any City of 350,000 population or over in the State of California as defined in subsections (a) and (c) of this section has not finalized, fixed, or reached agreement as to the rates of compensation prior to the 25th day of August, the date for further and additional fixing of the rates of compensation and for further and additional amending of the annual appropriation ordinance and annual salary ordinance to provide for the paying of additional rates of compensation to police officers and firefighters shall extend to the 30th day of June of the following year. (2) Should any City as defined in subsections (a) and (c) of this section finalize, fix or reach agreement as to the rates of compensation after the 25th day of August but prior to the 30th day of June of the following year, the Board of Supervisors shall have the power, and it shall be its duty, subject to the fiscal provisions of the Charter, by ordinance, within 30 calendar days of said finalizing, fixing, or reaching agreement, further to fix the rates of compensation for the uniformed members of the police and fire departments and to further amend the annual appropriation ordinance and the annual salary ordinance to include provisions for paying the rates of compensation as so further fixed pursuant to subsections (a), (b) and (c) of this section, and said rate of compensation shall be effective retroactive to the effective date of the agreement or legislation designated in subsections (a) and (c), but in no event prior to July 1 of the curren

annual appropriation ordinance and the annual salary ordinance to include provisions for paying the rates of compensation as so further fixed pursuant to subsections (a), (b) and (c) of this section, and said rate of compensation shall be effective retroactive to the effective date of the agreement or legislation designated in subsections (a) and (c), but in no event prior to July 1 of the current fiscal year. (f) Not later than the first day of August of each year, the civil service commission shall determine and certify to the Board of Supervisors the percentage of increase or decrease in the cost of living during the 12-month period ending March 31st of that same year as shown by the Consumer Price Index, All Items San Francisco, and the percentage of increase or decrease in the cost of living during the same period as shown by the Consumer Price Index, All Items, in the cities included in the certified report of said commission. The Consumer Price Index referred to herein is defined as that certain index issued by the U. S. Bureau of Labor Statistics and published in the Monthly Labor Review or a successor publication. In the event the U. S. Bureau of Labor Statistics discontinues the compilation and publication of said indexes, the Board of Supervisors shall have the power, and it shall be its duty, to appoint a statistical fact finding committee to determine the same data pursuant to the methods theretofore used by the U. S. Bureau of Labor Statistics. The cost of living adjustments as hereinafter provided shall be based upon the percentage of such increases or decreases. The Board of Supervisors may, in

addition to the rates of compensation as established herein, and at the same time said rates of compensation are established, increase said rates of compensation by an amount equal to the difference between the average cost of living increase of the cities included in the certified report of the civil service commission and the actual cost of living increase for San Francisco. In the event the Board of Supervisors elects not to grant such cost of living increase in any year in which any such increase might be granted, the Board of Supervisors shall, upon a written request filed with the clerk of the Board of Supervisors not later than the 10th day of September of said year by representatives of the uniformed members of the police and fire departments, as designated by the police and fire commissions, respectively, submit the question of said cost of living increase to the qualified electors of the City and County at the next succeeding Citywide election. In the event said cost of living increase is approved by a majority of the qualified electors voting thereon, said cost of living increase shall be effective as of the first day of the then current fiscal year. (g) Notwithstanding any of the provisions contained in this section, no uniformed member of the police or fire department employed before July 1, 1976, whose compensation is fixed pursuant to the formula contained herein, shall suffer a salary reduction by the application of any new compensation schedules, and the rates for fiscal year 1975-76 shall continue until such time as the new schedules equal or exceed the current salary increment schedules, provided, however, that such time shall not be extended beyond June 30, 1982, and provided further that this prohibition against reduction of compensation for the designated employees shall not be deemed to supersede the provisions of Section 8.406 of this Charter. (h) Notwithstanding any of the provisions contained in this section, no uniformed member of the police or fire department, whose compensation is fixed pursuant to the formula contained herein, shall suffer a salary reduction by the application of the compensation schedules provided for herein. Provided, however, that this prohibition against reduction of compensation for the designated employees shall not be deemed to supersede the provisions of Section 8.406 of this Charter. (i) This amendment shall become effective immediately upon certification of election results and its provisions shall pertain to fixing rates of pay for police officers and firefighters during fiscal year 1986-87. A8.406 SALARY DEDUCTIONS Whenever, in the judgment of the Mayor and the Board of Supervisors, extraordinary economic conditions actually exist due to unemployment, fire, earthquake, flood or other calamity, which adversely affect the life, health and welfare of the citizens of the City and County or of any considerable portion thereof, the Board of Supervisors, by a three-fourths vote of all of its members, with the concurrence of the Mayor, shall have power as follows, to-wit: (a) To officially declare that a public emergency exists, and to fix the approximate anticipated time during which said emergency shall continue, provided that no such emergency shall be anticipated to continue beyond the end of the fiscal year during which the same is declared, unless such emergency be declared subsequent to the first day of January of said year, in which event the said emergency may be anticipated to continue until the end of the next succeeding fiscal year. (b) To provide that while said emergency as declared shall continue to exist there shall be deducted from the gross salaries and compensations, exclusive of pension and retirement allowances, of each officer and employee of the City and County of San Francisco, including officers and employees of the board of education, not more than the respective amounts hereinafter set forth. Said deductions shall be made on the basis of the salary and compensation rate of said several officers and employees which were in effect during the calendar month immediately preceding the month during which said emergency was declared and not reduced by this section. If said salary and compensation deductions are not reflected in the annual budget and appropriation ordinances, as set forth in Subsection (c) of this section, the amount of said deductions shall be used for the purpose of meeting or alleviating the emergency which has been declared, or to balance any deficiency existing in the general funds of the City arising by reason of the delinquency in the payment of taxes or other revenue as compared with the anticipated revenues over the same period. Provided that where salaries or compensations are paid out of bond funds, utility funds, or other trust funds, which are not provided from the revenues of the City, all deductions made shall revert to the respective funds from which said salaries or compensations are paid. The maximum deductions from the salary or compensation of each officer or employee heretofore referred to shall be as follows, to- wit: (1) From the salaries or compensation of officers or employees whose gross earnings exceed $100 per month and do not exceed $120 per month, three percent of the amount of the gross monthly earnings of each of said officers or employees. (2) From the salaries or compensations of officers or employees whose gross earnings exceed the sum of $120 per month and do not exceed the sum of $150 per month, seven percent of the gross monthly earnings of each of said officers or employees. (3) From the salaries or compensations of officers or employees whose gross earnings exceed the sum of $150 per month, and do not exceed the sum of $185 per month, 10 percent of the gross monthly earnings of each of said officers or employees. (4) From the salaries or compensations of all officers or employees whose gross

oss monthly earnings of each of said officers or employees. (3) From the salaries or compensations of officers or employees whose gross earnings exceed the sum of $150 per month, and do not exceed the sum of $185 per month, 10 percent of the gross monthly earnings of each of said officers or employees. (4) From the salaries or compensations of all officers or employees whose gross earnings exceed the sum of $185 per month, and do not exceed the sum of $275 per month, 12½ percent of the gross monthly earnings of each of said officers or employees. (5) From the salaries or compensations of all officers or employees whose gross earnings exceed the sum of $275 per month, and do not exceed the sum of $600 per month, 15 percent of the gross monthly earnings of said officers or employees. (6) From the salaries or compensations of all officers or employees whose gross earnings exceed the sum of $600 per month, and do

not exceed the sum of $834 per month, 18 percent of the gross monthly earnings of each of said officers or employees. (7) From the salaries or compensations of all officers or employees whose gross earnings exceed the sum of $834 per month, 20 percent of the gross monthly earnings of each of said officers or employees. (8) Provided, however, that no more than 5-1/2 percent of the gross monthly earnings of per diem employees whose compensations are fixed on the basis of a five-day week shall be deducted from the salaries or earnings of any such employee. Said deductions shall be made from said earnings or compensations in monthly or semi-monthly installments according to the time at which said salaries or compensations are paid; provided that where the earnings of any officer or employee are on an hourly or per diem basis deductions based on his total earnings for the month shall be deducted from the installment of said earnings paid for the last half of the month. (c) Should any such emergency declared as herein provided be anticipated to continue into the next fiscal year following the one during which said emergency has been declared, the controller and the Mayor in preparing or submitting their respective annual budget estimates shall base and estimate the net salaries and compensations to be paid at amounts not to exceed the said salaries and compensations as reduced by the above-mentioned percentages on the above-mentioned salary and compensation rates, and the annual appropriation and salary ordinance shall fix said net salaries and compensation accordingly. When any emergency is declared after the annual budget is prepared or adopted, or after the annual appropriation or salary ordinances are enacted, and before the annual tax rate is fixed as provided by law, said budget and said appropriation and salary ordinances may be revised or reenacted, so that the deductions herein authorized to be made may be reflected in the amount of the tax levy. (d) All of such deductions, whether made after the passing of the annual budget appropriation and salary ordinance or included therein, shall be deemed as temporary deductions from the salaries and compensations of said officers and employees, and shall be continued only during the anticipated period for which said emergency has been declared. (e) In making the deductions herein provided for, the value of board, room and laundry or other maintenance furnished by the City and County to any officer or employee, when the same is made a part of his compensation by the civil service commission, shall be added to the monetary salary or compensation paid to said employee, and the amount of deductions from said salary or compensation shall be based on said monetary salary plus the value of said board, room and laundry or other maintenance, provided that no deduction shall be made for quarters furnished to any officer or member of the fire department. (f) During the period that any emergency shall exist after being so determined as hereinbefore provided, the controller, with the approval of the Mayor and the Board of Supervisors, may reallocate any unencumbered balance, or any part thereof, to the credit of any department or office exclusive of monies or appropriations made or required to be made to any bond, bond interest, bond redemption, pension, utility, or trust fund, so that the same shall be available to meet the necessities of said emergency, irrespective as to whether the amount allocated to said department or office is fixed by this Charter or is the result of a tax provided by said Charter to be levied for said department. Should the period during which said emergency is anticipated to exist extend beyond the end of the fiscal year in which the same was declared to exist, the Mayor, with the approval of the Board of Supervisors, may reduce the amount of any mandatory appropriation provided to be allocated to any office or department; or may reduce the amount of any tax provided by the Charter to be levied for the support or maintenance of any department or office. Provided that no such deduction in appropriation, provided by this Charter to be made to any department, or in the reallocation of funds, or reduction in the amount of said tax otherwise provided to be levied to produce funds for any department, shall be greater than is necessary to reflect the deductions in salaries provided in the section to be made by reason of said emergency. The provisions of this section shall have precedence over conflicting provisions of this Charter, but nothing herein contained shall adversely affect the rights of the officers and employees as set forth in Section 8.400 (h) of the Charter, during the period when no public emergency exists. Contributions by the City and County and by members of the San Francisco City and County Employees' Retirement System to, and benefits, pension payments and allowances under said Retirement System, shall be calculated on the basis of gross salaries and compensations of such members in the same manner and amounts as if no deductions from said gross salaries and compensations were made under this section. Should any emergency be declared pursuant to the provisions of this section, which, in the judgment of the Board of Supervisors, will necessitate deductions from the salaries of the officers and employees of the City and County, over and above the amounts herein provided for, the Board of Supervisors by unanimous vote of all of its members, and with the approval of the Mayor may authorize a further deduction from the salaries and compensations of any of said officers and employees by increasing the maximum deductions in this section provided for, up to and including an amount not to exceed 25 percent of said respective salaries or compensations as the same existed before any deduction by authority of this section. A8.409 DECLARATION OF POLICY It is hereby declared

may authorize a further deduction from the salaries and compensations of any of said officers and employees by increasing the maximum deductions in this section provided for, up to and including an amount not to exceed 25 percent of said respective salaries or compensations as the same existed before any deduction by authority of this section. A8.409 DECLARATION OF POLICY It is hereby declared to be the policy of the City and County of San Francisco that strikes by City employees are not in the public interest and that, in accordance with Government Code Section 3507(e), 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 the procedures herein adopted, except as otherwise provided herein, shall supersede and displace all other formulae, 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.

If any officer or employee covered by this part 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 A8.346. In accordance with applicable state law, nothing herein shall be construed to restrict any legal City rights concerning direction of its work force, or consideration of the merits, necessity, or organization of any service or activity provided by the City. The City shall also have the right to determine the mission of its constituent departments, officers, boards and commissions; set standards of services to be offered to the public; and exercise control and discretion over the City's organization and operations. The City may also relieve City employees from duty due to lack of work or funds, and may determine the methods, means and personnel by which the City's operations are to be conducted. However, the exercise of such rights does not preclude employees from utilizing the grievance procedure to process grievances regarding the practical consequences of any such actions on wages, hours, benefits or other terms and conditions of employment whenever memoranda of understanding providing a grievance procedure are in full force and effect. It is the declared intent of the voters that the state statutes referenced in this part be those in effect on the effective date of this part. (Amended March 2004) Editor’s Note: In PERB Decision No. 2867-M (July 24, 2023), the California Public Employment Relations Board determined that the first and third sentences of the Declaration of Policy in Section A8.409 are unlawful, and ordered the City and County of San Francisco to cease and desist from maintaining and enforcing those sentences. A8.409-1 EMPLOYEES COVERED These Sections A8.409 through A8.409-6, inclusive, shall apply to all miscellaneous officers and employees except as set forth in Section A8.590-1 et seq. and including employees of San Francisco Unified School District and San Francisco Community College District to the extent authorized by state law. The provisions of Charter sections A8.400(h), A8.401-1, and A8.407 are hereby repealed and shall be of no further force and effect. Employee organizations representing employees in classifications covered by section A8.403 and A8.404 of this Charter may elect to include those classifications within the coverage of this part as a separate bargaining unit, provided however, that the election shall not become effective without the written approval of the Mayor and Board of Supervisors. The election shall be irrevocable and such employees shall not thereafter be subject to the provisions of section A8.403 and A8.404. Employees in classifications not represented by a recognized employee organization shall be entitled to represent themselves with the City and County over wages, hours and other terms and conditions of employment to the extent required by state law and shall not be subject to the arbitration provisions of Section A8.409-4 of this Charter. The Mayor annually shall propose all forms of compensation for unrepresented employees including salaries, hours, benefits, and other terms and conditions of employment subject to approval or disapproval of the Board of Supervisors. Consistent with other provisions of this Charter, the civil service commission may adopt rules and procedures relating to said unrepresented employees. Except as otherwise provided by this Charter the Civil Service Commission shall set the wages and benefits of all elected officials of the City and County of San Francisco as follows: The Commission shall conduct a salary survey of the offices of chief executive officer, county counsel, district attorney, public defender, assessor-recorder, treasurer, and sheriff, in the counties of Alameda, Contra Costa, Marin, San Mateo, and Santa Clara. The Commission shall then average the salaries for each of those offices to determine respectively the base five-year salaries for the Mayor, City Attorney, District Attorney, Public Defender, Assessor-Recorder, Treasurer, and Sheriff. If any of the aforementioned counties do not have an office of public defender, that county shall be omitted from the salary survey for purposes of determining the base five-year salary of the Public Defender. Among the aforementioned counties, any freestanding county assessor's office or any county office in which the assessor's function is combined with other county functions, shall be deemed comparable to the office of Assessor-Recorder for purposes of determining the base five-year salary of the Assessor-Recorder. If any of the aforementioned counties do not have a comparable county office of treasurer, the county office whose functions most closely resemble the Treasurer's functions in San Francisco shall be deemed comparable to the office of Treasurer for purposes of determining the base five-year salary of the Treasurer. The initial base five-year salary determination for the respective salaries of the Mayor, City Attorney, District Attorney, Public Defender, Assessor-Recorder, Treasurer, and Sheriff shall apply to the period from July 1, 2007 through June 30, 2012. Subsequent base five-year salary determinations for those offices shall apply to subsequent five-year periods, for example, July 1, 2012 through June 30, 2017. For the second, third, fourth, and fifth years of the period for which any base five-year salary has been set, the Commission shall annually adjust the respective salaries of the Mayor, City Attorney, District Attorney, Public Defender, Assessor-Recorder, Treasurer, and Sheriff, to account for upward annual movement in the Consumer Price Index during the prior calendar year; provided, that whenever the upward movement in the Consumer Price Index during the prior calendar year exceeds 5%, the cost-of-living adjustment shall not be the actual increa

espective salaries of the Mayor, City Attorney, District Attorney, Public Defender, Assessor-Recorder, Treasurer, and Sheriff, to account for upward annual movement in the Consumer Price Index during the prior calendar year; provided, that whenever the upward movement in the Consumer Price Index during the prior calendar year exceeds 5%, the cost-of-living adjustment shall not be the actual increase in the Consumer Price Index for the prior calendar year but instead shall be 5%. The annual cost-of-living adjustment shall take effect July 1 of the second, third, fourth, and fifth years of the period for which the base five-year salary has been set. Except as noted below, in setting the initial and subsequent base five-year salary determinations for the offices of Mayor, City Attorney, District Attorney, Public Defender, Assessor-Recorder, Treasurer, and Sheriff, the Commission may not reduce the respective salaries of any of those offices. If implementation of the process for setting the base five-year salary would otherwise result in a salary reduction for any of those offices, the base five-year salary for the affected office or offices shall be the existing salary for the office. If the City and County of San Francisco and employee organizations agree to amend the compensation provisions of existing

memoranda of understanding to reduce costs, the Commission shall review and amend the respective salaries of the Mayor, City Attorney, District Attorney, Public Defender, Assessor-Recorder, Treasurer, and Sheriff as necessary to achieve comparable cost savings in the affected fiscal year or years. The Commission shall annually set the benefits of elected officials, to take effect July 1 of each year. Benefits of elected officials may equal but may not exceed those benefits provided to any classification of miscellaneous officers and employees as of July 1 of each year, except, after January 7, 2012, the City and County shall not pay the required employee contributions of said officials into the San Francisco Employees' Retirement System trust fund or into the Retiree Health Care Trust Fund.. In addition, subject to the approval or disapproval of the Board of Supervisors, the Mayor may create, for employees designated as management, a management compensation package that recognizes and provides incentives for outstanding managerial performance contributing to increased productivity and efficiency in the work force. In formulating such a package, the Mayor shall take into account data developed in conjunction with the civil service commission regarding the terms of executive compensation in other public and private jurisdictions. (Amended March 2004; Proposition C, Approved 11/7/2006; Proposition C, Approved 11/8/2011) A8.409-2 INTERIM PROVISIONS Notwithstanding the provisions of section 8.407 of this Charter, from January 3, 1992 through March 31, 1992, in return for acceptance of a wage freeze for fiscal year 1991-1992, all recognized employee organizations representing classifications electing to remain within the coverage of Charter sections 8.401 and 8.407 may, on a one time only basis, elect to bargain for no more than two additional paid training or furlough days per year to be effective only in fiscal years 1992-93, 1993-94 and 1994-95, and a dental plan, in recognition of the wage freeze for 1991-92. Such bargaining shall not be subject to the impasse procedures provided herein or any other provision of the Charter, ordinance, or state law. A8.409-3 OBLIGATION TO BARGAIN IN GOOD FAITH Notwithstanding any other ordinances, rules or regulations of the City and County of San Francisco and its departments, boards and commissions, the City and County of San Francisco, through its duly authorized representatives, and recognized employee organizations representing classifications of employees covered by this part shall have the mutual obligation to bargain in good faith on all matters within the scope of representation as defined by Government code section 3504, relating to the wages, hours, benefits and other terms and conditions of City and County employment, including the establishment of procedures for the resolution of grievances concerning the interpretation or application of any agreement, and including agreements to provide binding arbitration of discipline and discharge; provided, however that, except insofar as they affect compensation, those matters within the jurisdiction of the civil service commission which establish, implement and regulate the civil service merit system shall not be subject to bargaining under this part: the authority, purpose, definitions, administration and organization of the merit system and the civil service commission; policies, procedures and funding of the operations of the civil service commission and its staff; the establishment and maintenance of a classification plan including the classification and reclassification of positions and the allocation and reallocation of positions to the various classifications; status rights; the establishment of standards, procedures and qualifications for employment, recruitment, application, examination, selection, certification and appointment; the establishment, administration and duration of eligible lists; probationary status and the administration of probationary periods, except duration; pre-employment and fitness for duty medical examinations except for the conditions under which referrals for fitness for duty examinations will be made, and the imposition of new requirements; the designation of positions as exempt, temporary, limited tenure, part-time, seasonal or permanent; resignation with satisfactory service and reappointment; exempt entry level appointment of the handicapped; approval of payrolls; and conflict of interest. As to these matters, the Civil Service Commission shall continue to be required to meet and confer pursuant to state law. Unless and until agreement is reached through bargaining between authorized representatives of the City and County of San Francisco and authorized representatives of recognized employee organizations for the employee classifications covered by this part, or a determination is made through the procedure set forth in section A8.409-4 hereinafter provided, no existing wages, written terms or conditions of employment, fringe benefits, or long-standing past practices for said employees shall be altered, eliminated or changed except in cases of emergency. This paragraph shall be effective only until the approval of the first memorandum of understanding with a covered employee organization or six months from the effective date of this part whichever occurs sooner. During the term of an MOU, disputes regarding changes in wages, hours, benefits and other terms and conditions of employment shall not be subject to the impasse procedures provided in this part, but may be subject to grievance arbitration. No bargaining unit may be included in more than one memorandum of understanding with the City and County of San Francisco. Consistent with Charter sections 3.100-2 and 3.103 and subject to the prior written approval of the Human Resources Director which shall not be unreasonably withheld, appointing officers shall have the authority to negotiate agreem

t may be subject to grievance arbitration. No bargaining unit may be included in more than one memorandum of understanding with the City and County of San Francisco. Consistent with Charter sections 3.100-2 and 3.103 and subject to the prior written approval of the Human Resources Director which shall not be unreasonably withheld, appointing officers shall have the authority to negotiate agreements with recognized employee representatives. Appointing officers shall consult and coordinate such negotiations with the Human Resources Director. Such memoranda of understanding shall be restricted to non-economic items within the jurisdiction of the department appointing officer which do not conflict with a City-wide memorandum of understanding. Such memoranda of understanding shall come into full force and effect only upon approval by the Mayor and thereafter by a majority vote of the Board of Supervisors or other appropriate governing body. Upon such approval, departmental memoranda of understanding shall be attached as appendices to the employee organization's City-wide memorandum of understanding as negotiated under this part. No memorandum of understanding negotiated pursuant to this paragraph during the term of a City-wide memorandum of understanding shall be subject to the arbitration provisions of this part until re- negotiation of the employee organization's City-wide memorandum of understanding. Agreements reached pursuant to this part by the authorized representatives for the City and County of San Francisco, on behalf of its

departments, boards and commissions, and the authorized representatives of recognized employee organizations, once adopted by ordinance of the Board of Supervisors, shall be binding on the City and County of San Francisco, and on its departments, boards, commissions, officers and employees and on the recognized employee organizations and their successors, and all employees in classifications they represent. Except as specifically set forth in this part, said agreements shall supersede any and all other conflicting procedures, provisions and formulae contained in this Charter, in the ordinances of the Board of Supervisors, or in the rules or regulations of the City and County of San Francisco, relating to wages, hours, or other terms and conditions of employment. (Amended March 2004) A8.409-4 IMPASSE RESOLUTION PROCEDURES (a) Subject to Section A8.409-4(g), disputes pertaining to wages, hours, benefits or other terms and conditions of employment which remain unresolved after good faith bargaining between the City and County of San Francisco, on behalf of its departments, boards and commissions, and a recognized employee organization representing classifications of employees covered under this part shall be submitted to a three-member Mediation/Arbitration Board ("the Board") upon the declaration of an impasse either by the authorized representative of the City and County of San Francisco or by the authorized representative of the recognized employee organization involved in the dispute; provided, however, that the arbitration procedures set forth in this part shall not be available to any employee organization that engages in a strike unless the parties mutually agree to engage in arbitration under this Section. Should any employee organization engage in a strike either during or after the completion of negotiations and impasse procedures, the arbitration procedure shall cease immediately and no further impasse resolution procedures shall be required. (b) Not later than January 20 of any year in which bargaining on an MOU takes place, representatives designated by the City and County of San Francisco and representatives of the recognized employee organization involved in bargaining pursuant to this part shall each select and appoint one person to the Board. The third member of the Board shall be selected by agreement between the City and County of San Francisco and the recognized employee organization, and shall serve as the neutral chairperson of the Board. In the event that the City and County of San Francisco and the recognized employee organization involved in bargaining cannot agree upon the selection of the chairperson within ten (10) days after the selection of the City and County and employee organization members of the Board, either party may then request the American Arbitration Association or California State Mediation Service to provide a list of the seven (7) persons who are qualified and experienced as labor interest arbitrators. If the City and County and the employee organization cannot agree within three (3) days after receipt of such list on one of the seven (7) persons to act as the chairperson, they shall randomly determine which party strikes first, and shall alternately strike names from the list of nominees until one name remains and that person shall then become the chairperson of the Board. (c) Any proceeding convened pursuant to this Section shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. The Board may hold public hearings, receive evidence from the parties and, at the request of either party, cause a transcript of the proceedings to be prepared. The Board, in the exercise of its discretion, may meet privately with the parties to mediate or mediate/arbitrate the dispute. The Board may also adopt other procedures designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the cost of the arbitration process. (d) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Board shall direct each of the parties to submit, within such time limit as the Board may establish, a last offer of settlement on each of the remaining issues in dispute. The Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds by a preponderance of the evidence presented during the arbitration most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits and terms and conditions of public and private employment, including, but not limited to: changes in the average consumer price index for goods and services; the wages, hours, benefits and terms and conditions of employment of employees performing similar services; the wages, hours, benefits and terms and conditions of employment of other employees in the City and County of San Francisco; health and safety of employees; the financial resources of the City and County of San Francisco, including a joint report to be issued annually on the City's financial condition for the next three fiscal years from the Controller, the Mayor's budget analyst and the budget analyst for the Board of Supervisors; other demands on the City and County's resources including limitations on the amount and use of revenues and expenditures; revenue projections; the power to levy taxes and raise revenue by enhancements or other means; budgetary reserves; and the City's ability to meet the costs of the decision of the Arbitration Board. In addition, the Board shall issue written findings on each and every one of the above factors as they may be applicable to each and every issue determined in the award. Compliance with the above provisions shall be mandatory. (e) After reaching a decision, the Board shall serve by certified mail or by hand delivery a true co

ability to meet the costs of the decision of the Arbitration Board. In addition, the Board shall issue written findings on each and every one of the above factors as they may be applicable to each and every issue determined in the award. Compliance with the above provisions shall be mandatory. (e) After reaching a decision, the Board shall serve by certified mail or by hand delivery a true copy of its decision to the parties. The decision and findings of the Arbitration Board shall not be publicly disclosed until ten (10) days after it is delivered to the parties. During that ten (10) day period the parties shall meet privately, attempt to resolve their differences, and by mutual agreement amend or modify the decision and findings of the Arbitration Board. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision and findings of the Arbitration Board, as it may be modified or amended by the parties, shall be publically disclosed for a period of fourteen (14) days after which time the decision shall be final and binding. Except as otherwise provided by this part, the arbitration decision shall supersede any and all other relevant formulae, procedures and provisions of this Charter relating to wages, hours, benefits and terms and conditions of employment, and it shall be final and binding on the parties to the dispute. However, the decision of the Board may be judicially challenged by either party. Thereafter, the City and County of San Francisco, its designated officers, employees and representatives and the recognized employee organization involved in the dispute shall take whatever action necessary to carry out and effectuate the final decision. (f) The expenses of any proceedings convened pursuant to this part, including the fee for the services of the Chairperson of the Board, the costs of preparation of the transcript of the proceedings and other costs related to the conduct of the proceedings, as determined by the Board, shall be borne equally by the parties. All other expenses which the parties may incur are to be borne by the party incurring

such expenses. (g) The impasse resolution procedures set forth in Section A8.409-4, or in any other provision of the Charter, ordinance or state law shall not apply to any rule, policy, procedure, order or practice which relates or pertains to the purpose, goals or requirements of a consent decree, or which is necessary to ensure compliance with Federal, State or local laws, ordinances or regulations. In the event the City acts on a matter it has determined relates to or pertains to a consent decree, or in the event the City acts to ensure compliance with Federal, State, or local laws, ordinances or regulations, and the affected employee organization disputes said determination, that determination or action shall not be subject to arbitration, but may be challenged in a court of competent jurisdiction. (h) The impasse resolution procedures set forth in Section A8.409-4, or in any other section of the Charter, shall not apply to any proposal pertaining to the right to strike. (i) Charter Sections A8.590-1 through A8.590-7 shall remain in full force and effect; provided, however, that the wages and other economic benefits and compensation of all classifications of employees covered by these sections shall be frozen for fiscal year 1995-96 at the rates in effect on June 30, 1995, except that wages and other economic benefits and compensation of all classifications of Airport Police shall be frozen for the fiscal year following expiration of the Memorandum of Understanding covering those classifications in effect on the effective date of this amendment. (j) Subject to the election provisions of Section A8.409-1, Charter Sections A8.403 and A8.404 shall remain in full force and effect; provided, however, that the wages and other economic benefits and compensation of all classifications of employees covered by section A8.404 shall be frozen for fiscal year 1995-96 at the rates in effect on June 30, 1995. (k) An agreement reached between the designated representatives for the City and the representatives of a recognized employee organization that is submitted to the Board of Supervisors on or before May 15, or a decision of the Arbitration/Mediation Board that is submitted to the Board of Supervisors on or before May 10, or May 15 if the parties waive the 10-day period between the Board's decision and public disclosure of the decision, shall be effective on July 1 of the same calendar year upon adoption by the Board of Supervisors. An agreement submitted to the Board of Supervisors after May 15, or a decision of the Arbitration/Mediation Board that is submitted to the Board of Supervisors after May 10, or May 15 if the parties waive the 10-day period between the Board's decision and public disclosure of the decision, shall become effective no earlier than July 1 of the next calendar year upon approval of the Board of Supervisors. But an agreement reached during the term of an existing memorandum of understanding that results in a net reduction, or results in no net increase, in the cost to the City, during the current fiscal year, of existing economic provisions in the existing memorandum of understanding may become effective at any time upon approval by the Board of Supervisors. Economic provisions include, but are not limited to, wages, premium pay rates, overtime, any employer pickup of the employees' retirement contribution, paid time off, and other compensation. (Amended March 2004; Amended by Proposition A, Approved 11/5/2009) A8.409-5 RETIREMENT BENEFITS Notwithstanding any other provision of this part, retirement and death allowances shall continue to be set and adjusted pursuant to Chapter Five of this Article. However, death benefits and survivor allowances, retirement allowances, adjustments to retirement allowances and adjustments to continuant allowances payable by the Retirement System and based on fiscal year 1991-1992 wages and salaries covered by Charter section 8.407, shall be calculated for all employees covered by Charter sections 8.401 and 8.407 based on the rates certified by the civil service commission to the Board of Supervisors as though the 1991-1992 salary standardization ordinance vetoed by the Mayor had become law. No such payment shall exceed the maximum amount permitted by Section 415 of the Internal Revenue Code of 1986, as amended from time to time, or the maximum amount which would still permit the Retirement System to preserve its tax-qualified status under Section 401 of the Internal Revenue Code of 1986, as amended from time to time. A8.409-6 EMPLOYEE RELATIONS RULES Within sixty (60) days of adoption of this amendment, the Mayor shall appoint a panel which after consultation with all parties of interest, shall review the current employee relations ordinance and make recommendations to the Board of Supervisors for such changes as may be necessary to effectuate the purposes of this part. Such changes shall include the creation of an employee relations board. The duties of the employee relations board shall include hearing and making determinations concerning unfair labor practice charges, disputes regarding representation matters, and unit determinations. A8.409-7 RETIREE HEALTH CARE TRUST FUND Notwithstanding any other provision of Charter Sections A8.409 through A8.409-8, 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 procedures contained in Charter Section A8.409-4. 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 A8.409-4 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

Charter Section A8.409-4. 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 A8.409-4 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 A8.409-4 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 C, Approved 11/8/2011) A8.409-8 FY 2009-2010 ECONOMIC PROVISIONS AND FUTURE PROCEEDINGS Notwithstanding any other provision of Charter Sections A8.409 through A8.409-7, 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) shall remain unchanged for miscellaneous City and County officers and employees at the levels set in place as of close of business June 30, 2009, and no new economic provisions may be added. For the fiscal year commencing July 1, 2009, and ending on June 30, 2010, economic provisions shall not be subject to the dispute resolution procedures contained in Charter Section A8.409-4. Notwithstanding any other provision of Charter Section A8.409-4, for the fiscal year commencing July 1, 2010, and ending on June 30, 2011, and every year thereafter, in any mediation/arbitration proceeding under A8.409-4, the mediation/arbitration board shall recognize as wages the ongoing economic expenditures made by the City and County beginning, during and continuing beyond fiscal year 2009-2010, as a result of this Charter Amendment submitted to the voters at the June 3, 2008 election when evaluating any economic proposals contained in a last offer of settlement by either party. However, City and County contributions to the Retiree Health Care Trust Fund under Section A8.432 shall not be considered or relied on by the mediation/arbitration board as a wage or other payment to employees for the purposes of evaluating the proposals contained in the last offers of settlement of either party. Likewise, in evaluating the proposals contained in the last offers of settlement of either party, the mediation/arbitration board shall not take into account or otherwise consider or rely on any mandatory employee contributions to the Retiree Health Care Trust Fund required under Charter Sections 12.204 and A8.432. (Added by Proposition B, Approved 6/3/2008) A8.409-9 MISCELLANEOUS EMPLOYEES NOT IN THE RETIREMENT SYSTEM It is the intent of the voters that Officers and employees of the City and County of San Francisco who are not members of the San Francisco Employees' Retirement System negotiate cost-sharing provisions that produce comparable savings and costs to the City and County as are produced through the Charter's employee contribution rate adjustment formulae. Notwithstanding any other provision of Charter Sections A8.409 through A8.409-8, for any officer or employee who is not a member of the Retirement System, the parties in any proceeding under Section A8.409-4 may make proposals, to the extent allowable by law, to effect this principle of equitable participation. If no agreement on this issue is reached, in deciding whichever last offer of settlement should be selected, in addition to the other factors specified by A8.409-4, the Board shall consider (i) the additional amounts such officers and employees would pay to the Retirement System, or the reduction in the rate of their employee contribution which would apply, if they were members of the Retirement System for the term of the agreement; and (ii) the cost of the City and County's contracts with the Public Employees' Retirement System of the State of California compared to the cost of providing retirement benefits for similarly situated officers and employees through the San Francisco Employees' Retirement System. Charter Section A8.409-9 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses sentences, or provisions of Charter Section A8.409-9 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, or provisions of Charter Sections A8.409-9. If any words, phrases, clauses, sentences, or provisions of Charter Section A8.409-9 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Charter Section A8.409-9 which can be given effect. Charter Section A8.409-9 shall be broadly construed to achieve its stated purpose. (Added by Proposition C, Approved 11/8/2011) A8.410 REIMBURSEMENT OF EXPENSES 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. A8.411 PAYMENT FOR REPAIR OR REPLACEMENT OF 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. A8.420 ESTABLISHMENT OF AND MEMBERSHIP IN 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. A8.421 ADOPTION OF PLANS FOR RESIDENTS. 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) A8.422 ADOPTION OF PLANS FOR MEMBERS 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) A8.423 REVISION OF SCHEDULES AND

COMPENSATION In January of each year, or at such other time consistent with the Plan Year set by the health service board, or at such other time consistent with the Plan Year set by the Health Service Board, at a public hearing, the Health Service Board shall review and determine the adequacy of medical care provided for members of the system and the adequacy of fee schedules and the compensation paid for all services rendered and it may make such revisions therein as it deems equitable but such revisions shall not become effective until approved by ordinance of the Board of Supervisors adopted by three-fourths of its members. Commencing in 1973, the Health Service Board shall, prior to the second Monday in January in each year, or at such other time consistent with the Plan Year set by the Health Service Board, conduct a survey of the 10 counties in the State of California, other than the City and County of San Francisco, having the largest populations to determine the average contribution made by each such county toward the providing of health care plans, exclusive of dental care, for each employee of such county. The Health Service Board may promulgate rules and regulations for the survey to allow for unavoidable gaps in survey data and to insure a consistent methodology from year to year. In accordance with said survey, the Health Service Board shall determine the average contribution made with respect to each employee by said 10 counties toward the health care plans provided for their employees and on or before the second Monday in January of each year, or at such other time consistent with the Plan Year set by the Health Service Board, the Health Service Board shall certify to the Board of Supervisors the amount of such average contribution. For the purposes of Section A8.428, the amount of such average contribution shall be "the average contribution." The Health Service Board shall have the responsibility to obtain and disseminate information to its members with regard to plan benefits and costs thereof. All expenses in connection with obtaining and disseminating said information, the investment of such fund or funds as may be established, including travel and transportation costs, member wellness programs, actuarial expenses and expenses incurred to reduce health care costs, shall be borne by the system from reserves in the health service fund but only upon adoption of a resolution by the Health Service Board approving such expenses. (Amended November 2004; Proposition C, Approved 11/8/2011) A8.424 SPECIFICITY REQUIRED 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. A8.425 PERSONS COVERED Each plan may make provision for the participation in the benefits of the system by the dependents of members, retired City and County employees, temporary City and County employees, such other dependents of deceased and retired City and County employees as the Board of Supervisors may authorize by ordinance, teachers and other employees of the San Francisco Unified School District retired under the San Francisco City and County Employees' Retirement System and resigned employees of the City and County and resigned teachers and employees of the school district whose resignations occur after June 15, 1955, and within 30 days immediately prior to the date on which, but for their resignations, they would have become retired members of the said Retirement System, on whose relinquishment of retirement allowances as permitted by the Charter occurs after such date and resigned employees of the San Francisco Unified School District not otherwise included. A resigned employee or teacher is one whose employment has terminated other than by retirement, discharge or death or who has relinquished retirement allowances. The purpose of empowering the health service board to make provision for the participation in the benefits of the system to the aforementioned resigned teachers and employees of the San Francisco Unified School District is to enable them, subject to the health service board's exercise of its power, to participate in the benefits of the system after transferring to the State Teachers' Retirement System from the San Francisco City and County Employees' Retirement System. The purpose of empowering the health service board to make provision for participation in the benefits of the system by the aforementioned resigned employees of the City and County and other resigned employees of San Francisco Unified School District is to permit the health service board to have power to treat them the same as it treats resigned teachers and employees of the San Francisco Unified School District. As used in this section, and for the purpose of this section, the terms "City and County employees" and "employees of the City and County" shall include officers and employees of the Parking Authority of the City and County of San Francisco. In addition to "the average contributions" in Subsection (b) of Section A8.428, the Board of Supervisors may provide by ordinance for additional funds from the City and County to pay the full cost of any plan for medical benefits adopted under Sections A8.422 or A8.423 for current members of the Board of Supervisors. The Board of Supervisors may also provide by ordinance for the continuation in any plan by former supervisors who agree to and do pay the full cost of such benefit.

(Amended March 2000) A8.426 RIGHT OF SELECTION 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) A8.427 EFFECT OF OTHER CHARTER PROVISIONS 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) A8.428 HEALTH SERVICE SYSTEM TRUST FUND There is hereby created a health service system trust fund. The costs of the health service system shall be borne by the members of the system and Retired Persons, the City and County of San Francisco because of its members and Retired Persons, the Parking Authority of the City and County of San Francisco because of its members and Retired Persons, the San Francisco Unified School District because of its members and Retired Persons and the San Francisco Community College District because of its members and Retired Persons. (a) Definitions. "Credited Service" means years of employment with the Employers or the former Redevelopment Agency of the City and County of San Francisco (the "Redevelopment Agency") or the Successor Agency to the Redevelopment Agency of the City and County of San Francisco (the "Successor Agency"), provided that for any employee of the Redevelopment Agency or Successor Agency, the employee became an employee of the Redevelopment Agency before September 1, 2010 and became an employee of the City and County without a break in service after January 31, 2012 and before March 1, 2015. "Employers" as used in this section means the City and County of San Francisco ("City and County"), the San Francisco Unified School District ("School District") and/or the San Francisco Community College District ("Community College District"). Employers shall also include the Superior Court of California, County of San Francisco ("Superior Court"), to the extent the Superior Court participates in the City's Health Service System, under Section A8.428(e). "Hired on or Before January 9, 2009" as used in this section means employees hired on or before January 9, 2009, by the City and County, the School District, the Community College District, or the Redevelopment Agency, excluding the following categories of employees: (1) as-needed employees who have never earned 1,040 or more hours of compensation during any 12-month period ending on or before January 9, 2009; (2) employees who have separated from employment with the Employers or the Redevelopment Agency on or before January 9, 2009, and have less than 5 years of Credited Service with the Employers or the Redevelopment Agency; (3) former employees of the Redevelopment Agency who became employees of the City and County after February 28, 2015; (4) former employees of the Redevelopment Agency who left employment with the Redevelopment Agency and became employees of the City and County before February 1, 2012; and (5) former employees of the Redevelopment Agency who have received retiree health care coverage under the Public Employees Medical and Hospital Care Act (PEMCHA) on or before February 28, 2015. "PERS" as used in this section shall mean the Public Employees' Retirement System of the State of California.

"Plan Year" as used in section A8.423 shall mean the twelve month period beginning on each July 1 and ending on June 30, or such other 12 month period as may be determined by the Health Service Board. "Registered as Domestic Partners" as used in this section means persons who have established a domestic partnership according to the provisions of Chapter 62 of the San Francisco Administrative Code, or California state law, as amended from time to time, or the law of the city or county in which they reside or of the state outside of California in which they reside. Persons who live in a state, city, or county that does not recognize domestic partnership who submit a completed and notarized City and County Health Service System Declaration of Domestic Partnership Form to the Health Service System shall also be considered domestic partners under this section. Domestic partners who have formed their domestic partnership only by notarization of a declaration of Domestic Partnership as provided in Chapter 62 of the San Francisco Administrative Code shall not be recognized or treated as a domestic partnership under this Section unless and until the domestic partnership is registered or certified. "Retirement System" as used in this section shall mean the San Francisco City and County Employees' Retirement System. "Retired under the San Francisco City and County Employees' Retirement System" as used in this section includes persons who retire for service; retire for disability; or who receive a retirement or vesting allowance from the Retirement System. A "Retired Person" as used in this section means: (1) A former member of the health service system, Hired on or Before January 9, 2009, retired under the Retirement System and/or PERS (hereinafter, "Retired Employee who was Hired on or Before January 9, 2009"); (2) The surviving spouse or surviving domestic partner of an active employee of the Employers Hired on or Before January 9, 2009, provided that the surviving spouse or surviving domestic partner and the active employee have been married or Registered as Domestic Partners for a period of at least one year prior to the death of the active employee; (3) The surviving spouse or surviving domestic partner of a Retired Employee who was Hired on or Before January 9, 2009, provided that the surviving spouse or surviving domestic partner and the Retired Employee who was Hired on or Before January 9, 2009 have been married or Registered as Domestic Partners for a period of at least one year prior to the death of the Retired Employee who was Hired on or Before January 9, 2009; (4) A former member of the health service system, hired by the Employers on or after January 10, 2009, and retired under the Retirement System and/or PERS for disability, or retired under the Retirement System or PERS: (i) within 180 days of separation from employment from the Employers; and (ii) with 10 or more years of Credited Service with the Employers (hereinafter, "Retired Employee who was Hired on or After January 10, 2009"); (5) The surviving spouse or surviving domestic partner of an active employee of the Employers hired by the Employers on or after January 10, 2009, with 10 or more years of Credited Service with the Employers, who died in the line of duty where the surviving spouse or surviving domestic partner is entitled to a death allowance from the Retirement System as a result of the death in the line of duty, provided that the surviving spouse or surviving domestic partner and the active employee have been married or Registered as Domestic Partners for a period of at least one year prior to the death of the active employee; or (6) The surviving spouse or surviving domestic partner of a Retired Employee who was Hired on or After January 10, 2009, provided that the surviving spouse or surviving domestic partner and the Retired Employee who was Hired on or After January 10, 2009, have been married or Registered as Domestic Partners for a period of at least one year prior to the death of the Retired Employee who was Hired on or After January 10, 2009. (b) Employer Contributions. The City and County, the School District and the Community College District shall each contribute to the health service fund amounts sufficient for the following purposes, and subject to the following limitations: (1) All funds necessary to efficiently administer the health service system. (2) The City and County, the School, District and the Community College District shall contribute to the health service system fund with respect to each of their members an amount equal to the lesser of "the average contribution," as certified by the health service board in accordance with the provisions of Section A8.423, or the cost of the plan selected by the member. (3) Retired Employees Who Were Hired on or Before January 9, 2009. For Retired Persons identified in A8.428 Subsections (a)(1), (a)(2) and (a)(3), the Employers shall contribute to the health service fund, amounts subject to the following limitations: Monthly contributions required from Retired Persons and the surviving spouses and surviving domestic partners of active employees and Retired Persons participating in the system shall be equal to the monthly contributions required from members in the system for health coverage excluding health coverage or subsidies for health coverage paid for active employees as a result of collective bargaining, with the following modifications: (i) the total contributions required from Retired Persons who are also covered under Medicare shall be reduced by an amount equal to the amount contributed monthly by such persons to Medicare; (ii) because the monthly cost of health coverage for Retired Persons may be higher than the monthly cost of health coverage for active employees, the City and County, the School District an

(i) the total contributions required from Retired Persons who are also covered under Medicare shall be reduced by an amount

equal to the amount contributed monthly by such persons to Medicare; (ii) because the monthly cost of health coverage for Retired Persons may be higher than the monthly cost of health coverage for active employees, the City and County, the School District and the Community College District shall contribute funds sufficient to defray the difference in cost to the system in providing the same health coverage to Retired Persons and the surviving spouses and surviving domestic partners of active employees and Retired Persons as is provided for active employee members excluding health coverage or subsidies for health coverage paid for active employees as a result of collective bargaining;

(iii) after application of Subsections (3), (3)(i) and (3)(ii), the City and County, the School District and the Community College District shall contribute 50% of Retired Persons' remaining monthly contributions. (4) Retired Employees Who Were Hired on or After January 10, 2009 - Categories of Employees Eligible for 100% Employer Contribution. For Retired Persons identified in A8.428 Subsections (a)(4), (a)(5) and (a)(6), the Employers shall contribute 100% of the employer contribution established in A8.428 Subsection (b)(3) for: (i) A Retired Employee who was Hired on or After January 10, 2009, with 20 or more years of Credited Service with the Employers; and their surviving spouses or surviving domestic partners: (ii) The surviving spouses or surviving domestic partners of active employees hired on or after January 10, 2009, with 20 or more years of Credited Service with the Employers; (iii) Retired Persons who retired for disability; and their surviving spouses or surviving domestic partners; and (iv) The surviving spouses or surviving domestic partners of active employees who died in the line of duty where the surviving spouse or surviving domestic partner is entitled to a death allowance as a result of the death in the line of duty. (5) Retired Employees Who Were Hired on or After January 10, 2009 - Categories of Employees Eligible for 50%-75% Employer Contribution. For Retired Persons identified in A8.428 Subsections (a)(4), (a)(5) and (a)(6), the Employers shall contribute: (i) 50% percent of the employer contribution established in A8.428 Subsection (b)(3) for a Retired Employee who was Hired on or After January 10, 2009, with, at least 10 but less than 15 years of Credited Service with the Employers: their surviving spouses or surviving domestic partners: and the surviving spouses or surviving domestic partners of active employees hired on or after January 10, 2009, with at least 10 but less than 15 years of Credited Service with the Employers; and (ii) 75% percent of the employer contribution established in A8.428 Subsection (b)(3) for a Retired Employee who was Hired on or After January 10, 2009, with at least 15 but less than 20 years of Credited Service with the Employers; their surviving spouses or surviving domestic partners; and the surviving spouses or surviving domestic partners of active employees hired, on or after January 10, 2009, with at least 15 but less than 20 years of Credited Service with the Employers. (6) Retired Employees Who Were Hired on or After January 10, 2009 - Categories of Employees Eligible for Access to Retiree Medical Benefits Coverage. An employee hired on or after January 10, 2009, and retired under the Retirement System or PERS with five (5) or more years Credited Service with the Employers, shall be eligible to receive health benefits as a member of the health service system, provided that he or she makes monthly contributions equal to one hundred percent, (100%) of the total premiums for health coverage as established by the Health, Service Board, including the total cost for dependent coverage. At such time as he or she becomes eligible to receive benefits under A8.428 Subsection (a)(4), the Employers shall contribute the amounts established in A8.428 Subsections (b)(4), (b)(5), and (c), as applicable. (7) Chart Summarizing Employer Contributions Under A8.428 Subsections (b)(4), (b)(5) and (b)(6) For Employees Hired on or After January 10, 2009.

Years of Credited Service At Retirement Percentage of Employer Contribution Established in A8.428 Subsection (b)(3)

1. Less than 5 years of Credited Service with the Employers (except for the surviving spouses or surviving domestic partners of active employees who died in the line of duty) No Retiree Medical Benefits Coverage

2. At least 5 but less than 10 years of Credited Service with the Employers; or greater than 10 years of Credited Service with the Employers but not eligible to receive benefits under Subsections (a)(4), (b)(4) and (b)(5) (A8.428 Subsection (b)(6)) 0% Access to Retiree Medical Benefits Coverage, Including Access to Dependant Coverage, But No Employer Contribution; Employee Pays Health Insurance Premium

3. At least 10 but less than 15 years of Credited Service with the Employers (A8.428 Subsection (b)(5)) 50%

4. At least 15 but less than 20 years of Credited Service with the Employers (A8.428 Subsection (h)(5)) 75%

5. At least 20 years of Credited Service with the Employers; Retired Persons who retired for disability; surviving spouses or surviving domestic partners of active employees who died in the line of duty (A8.428 Subsection (b)(4)) 100%

The above chart is a simplified summary of Employer contributions under A8.428 Subsections (b)(4), (b)(5) and (b)(6) for employees hired on or after January 10, 2009. The express language of Subsections (b)(4), (b)(5) and (b)(6), and not the summary chart or its content, shall determine Employer contributions. (8) Employees Who Separated From Employment on or Before June 30, 2001, and Who Retired on or After January 7, 2012. Notwithstanding any other provisions of A8.428 for Retired Persons who separated from employment on or before June 30, 2001, and who retired on or after January 7, 2012, the monthly contributions required from such Retired Persons, and the surviving spouses and surviving domestic partners of active employees and such Retired Persons participating in the system, shall be equal to the monthly contributions required from members in the system for health coverage, excluding health coverage or subsidies for health coverage paid for employees as a result of collective bargaining, with the following modifications: (i) the total contributions required from Retired Persons who are also covered under Medicare shall be reduced by an amount equal to the amount contributed monthly by such persons to Medicare; and (ii) because the monthly cost of health coverage for Retired Persons may be higher than the monthly cost of health coverage for active employees, the City and County, the School District and the Community College District shall contribute funds sufficient to defray the difference in cost to the system in providing the same health coverage to Retired Persons and the surviving spouses and surviving domestic partners of active employees and Retired Persons as is provided for active employee members excluding health coverage or subsidies for health coverage paid for active employees as a result of collective bargaining. (c) The City and County, the San Francisco Unified School District and the San Francisco Community College District shall contribute to the health service system fund 50% of the monthly contributions required for the first dependent of Retired Persons in the system. Except as hereinbefore set forth, the City and County, the School District and the Community College District shall not contribute to the health service system fund any sums on account of participation in the benefits of the system by members' dependents, except surviving spouses and surviving domestic partners, Retired Persons' dependents, except surviving spouses and surviving domestic partners, persons who retired and elected not to receive benefits from the Retirement System; resigned employees and teachers defined in Section A8.425, and any employee whose compensation is fixed in accordance with Sections A8.401, A8.403, or A8.404 of this Charter and whose compensation therein includes an additional amount for health and welfare benefits or whose health service costs are reimbursed through any fund established for said purpose by ordinance of the Board of Supervisors. Notwithstanding any other provision of Charter Section A8.428, the City and County, the San Francisco Unified School District and the San Francisco Community College District shall not contribute to the health service system fund any contributions for the first dependent of a Retired Person who separated from employment on or before June 30, 2001, and who retired on or after January 7, 2012. (d) It shall be the duty of the Board of Supervisors, the Board of Education and the Governing Board of the Community College District annually to appropriate to the health service system fund such amounts as are necessary to cover the respective obligations of the City and County, the School District and the Community College District hereby imposed. Contributions to the health service system fund of the City and County, of the School District and of the Community College District shall be charged against the general fund or the school, utility, bond or other special fund concerned. (e) To the extent the Superior Court elects to participate in the City's Health Service System for the provision of active and retiree health care benefits, Superior Court employees shall be treated the same as City employees for the purposes of vesting, employer contribution rates, and benefit levels, in accordance with the Trial Court Employment Protection and Governance Act and applicable State law. The Superior Court shall pay all administrative and health care costs related to the Superior Court's covered employees or retirees as a participating Employer. The Superior Court may withdraw from participation in the City's Health Service System at any time, which shall not require an amendment to this Charter. (f) Notwithstanding the retiree health care eligibility requirements set forth above, a former employee of the Redevelopment Agency Hired on or Before January 9, 2009 must have been employed by the City and County after January 9, 2009 to be eligible for retiree health care coverage under this section. In adopting the Charter amendment revising Sections A8.428 and A8.432 on November 4, 2014 the voters do not intend that it affect the rights of former employees of the Redevelopment Agency Hired on or Before January 9, 2009, who were already eligible for retiree health care coverage as of November 4, 2014. (g) The purpose of the January 10, 2009, Charter amendment is to amend Section A8.428 to change the required years of service and employer retiree health care contribution amounts for employees hired on or after January 10, 2009. Nothing in that Charter amendment shall expand or contract the groups of employees eligible for retiree health care benefits beyond those groups eligible as of June 3, 2008. (Amended November 1984; November 2000; November 2004; Proposition B, Approved 6/3/2008; Proposition C, Approved 11/8/2011; Proposition D, Approved 11/4/2014) A8.429 CONTRIBUTIONS TO FUND

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. A8.431 LIMITATION OF CLAIMS BY MEMBERS 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. A8.431-1 SEVERABILITY 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) A8.432 RETIREE HEALTH CARE TRUST FUND There is hereby created a Retiree Health Care Trust Fund (RHCTF) for the purpose described in Section 12.204. Subject to the disbursement limitations set forth in Section A8.432(d) below, the Retiree Health Care Trust Fund Board (Board) shall have exclusive authority and control over the administration of the RHCTF, investments of trust assets, and disbursements from the trust in accordance with the provisions of this Charter. (a) Employees Who Commenced Employment on or After January 10, 2009

Active officers and employees of the City and County and of other Participating Employers who Commenced Employment on or after January 10, 2009, shall contribute their respective Employer's Normal Cost to the RHCTF. The annual active officer and employee RHCTF contribution rate for each Employer shall be that Employer's Normal Cost, as determined by that Employer's respective Governmental Accounting Standards Board (GASB) Actuary, computed as a percentage of compensation not to exceed 2% of pre-tax compensation for each officer and employee. Each Employer's GASB Actuary shall determine that Employer's respective Normal Cost on a biannual basis. The City and County and Participating Employers shall each contribute 1% of compensation for officers and employees who Commenced Employment on or after January 10, 2009. Once an Employer's GASB Actuary has determined that an Employer's sub-trust is Fully Funded, and that the Employer is subject to no Unfunded Actuarial Accrued Liability, that Employer's 1% RHCTF contribution shall cease. Thereafter, that Employer and its active officers and employees who Commenced Employment on or after January 10, 2009, shall instead each contribute 50% of the Normal Cost, as determined by that Employer's GASB Actuary, except that the contribution rate for officers and employees shall not exceed 2% of pre-tax compensation. In the event that the contribution rates set forth above do not cover the entire Normal Cost, the Employer shall contribute the balance into the RHCTF. (b) Employees Who Commenced Employment on or Before January 9, 2009 Notwithstanding any other provision of Charter Sections A8.409 through A8.409-9, and A8.590-1 through A8.590-9, starting July 1, 2016, all active officers and employees of the City and County and Participating Employers who Commenced Employment on or before January 9, 2009, shall contribute 0.25% of pre-tax compensation into the RHCTF. Starting on July 1 of each subsequent year, all active officers and employees of the City and County and Participating Employers, who Commenced Employment on or before January 9, 2009, shall contribute an additional 0.25% of pre-tax compensation up to a maximum of 1%. Notwithstanding the foregoing, the contributions for officers and employees who Commenced Employment on or before January 9, 2009, shall not exceed their Employer's Normal Cost as determined by each Employer's respective General Accounting Standards Board (GASB) Actuary on a bi-annual basis. Starting July 1, 2016, the Employers shall contribute 0.25% of compensation into the RHCTF for each officer and employee who Commenced Employment on or before January 9, 2009. Starting on July 1 of each subsequent year, the Employers shall contribute an additional 0.25% of compensation, up to a maximum of 1%, for each officer and employee who Commenced Employment on or before January 9, 2009. Once an Employer's GASB Actuary has determined that an Employer's sub-trust is Fully Funded, and that the Employer is subject to no Unfunded Actuarial Accrued Liability, that Employer's 1% contribution shall cease. Thereafter, that Employer and its active officers and employees who Commenced Employment on or before January 9, 2009, shall instead each contribute 50% of the Normal Cost as determined by that Employer's GASB Actuary, except that the contribution rate for officers and employees shall not exceed 1% of pre- tax compensation. In the event that the contribution rates set forth above do not cover the entire Normal Cost, the Employer shall contribute the balance into the RHCTF. (c) Segregation of Retiree Health Care Trust Fund Assets The Board shall segregate RHCTF contributions from the City and County, and its officers and employees, and from each Participating Employer, and its officers and employees, into separate sub-trusts for each Employer. The Board may authorize expenditures from each Employer sub-trust only to defray the respective Employer's obligations to pay for its retiree health care costs under Section A8.428, and to pay for the respective Employer's share of administrative expenses. The Board may pool sub-trust funds for investment purposes only. (d) Disbursement of Retiree Health Care Trust Fund Assets (1) In order to ensure a long-term and sustainable funding source to defray the cost of the City's obligation to pay for health coverage for retired persons and their survivors entitled to health coverage under Section A8.428, the Board may authorize disbursements from the City's sub-trust, other than disbursements to defray the reasonable expenses of administering the RHCTF, only during periods when the City's GASB Actuary has determined that the City's sub-trust is Fully Funded. When the City's sub-trust is Fully Funded, the Board may disburse sub-trust assets to defray the cost of the City's obligation to pay for health coverage for its retired persons and their survivors entitled to health care coverage under Section A8.428. The Board shall determine the amount and frequency of such disbursements in consultation with the City's GASB Actuary. (2) Notwithstanding Section A8.432(d)(1) above, and in order to stabilize City contributions during the transition period until the City's sub-trust is Fully Funded, when the Controller projects that total City retiree health care costs for the upcoming fiscal year will exceed ten percent (10%) of City payroll costs, and upon the recommendation of the Controller, after consultation with the City's GASB Actuary, to the Board that it make disbursements from the City's sub-trust to defray the City's retiree health care obligations under Section A8.428, and subject to approval by the Mayor and by resolution of the Board of Supervisors, the Board may authorize stabilization disbursements but only to the extent necessary to limit the City's retiree health care costs to ten percent (10%) of City payroll costs. Stabilization disbursements may

rsements from the City's sub-trust to defray the City's retiree health care obligations under Section A8.428, and subject to approval by the Mayor and by resolution of the Board of Supervisors, the Board may authorize stabilization disbursements but only to the extent necessary to limit the City's retiree health care costs to ten percent (10%) of City payroll costs. Stabilization disbursements may not exceed ten percent (10%) of the audited prior year City sub-trust balance. For the purposes of this Section A8.432(d)(2), total City retiree health care costs shall include the City's employer contributions into the RHCTF under Section A8.432 and the City's retiree health care premium contributions under Section A8.428. (3) Upon a recommendation of the Controller, after consultation with the City's GASB Actuary, approval of the Mayor, and approval of the Board of Supervisors by a two-thirds vote, the Board may adopt disbursement limitations different from the limitations set forth in Sections A8.432(d)(1) and A8.432(d)(2) above. The Mayor, the Board of Supervisors and the Board may approve or reject, but not alter, the Controller's recommended changes to the disbursement limitations set forth in Sections A8.432(d)(1) and A8.432(d)(2) above. Such recommended changes must effectively balance the City's goal of attaining and maintaining a Fully Funded trust with the City's overall financial obligations. (4) For Participating Employers other than the City and County of San Francisco, the Board may not make any disbursements from

a Participating Employer's sub-trust until the Participating Employer's governing body, after consultation with the Participating Employer's GASB Actuary, has recommended to the Board by a two-thirds vote, and the Board has approved, disbursement limitations that effectively balance the Participating Employer's goal of attaining and maintaining a Fully-Funded trust against the Participating Employer's overall financial obligations. (e) Additional Contributions to the Retiree Health Care Trust Fund As set forth in A8.409-7 and A8.590-8, 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 A8.409-4 or A8.590-5 from awarding, an adjustment in employee contributions into the RHCTF 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 A8.409-4 or A8.590-5 award, any reduction in contributions below the minimum level of contributions required under A8.432. (f) Definitions "Actuarial Accrued Liability" as used in this section, means "Actuarial Accrued Liability" as that term is defined under GASB No. 45 as may be amended from time to time. "Commenced Employment on" as used in this section, shall refer to the time an employee starts employment with the City and County, or with a Participating Employer, for the first time, or the time an employee starts employment with the City and County, or with a Participating Employer, on a subsequent occasion after a prior separation from employment with the City and County or any Participating Employer, whichever date is later. For purposes of this Section A8.432, an employee of the City and County who was employed by the former Redevelopment Agency of the City and County of San Francisco (the "Redevelopment Agency") or the Successor Agency to the Redevelopment Agency of the City and County of San Francisco (the "Successor Agency"), and started working for the City and County before March 1, 2015 without a break in service shall be deemed to have commenced employment with the City and County on the date the employee commenced employment with the Redevelopment Agency or the Successor Agency, except that any such former employee of the Redevelopment Agency or the Successor Agency who subsequently separates from employment with the City and County and returns as an employee of the City and County or a Participating Employer at a later date (the "Return Date") shall be deemed to have commenced employment on the Return Date. "Employer" and "Employers" as used in this section means the City and County and the Participating Employers. "Fully Funded" as used in this section means that an Employer's GASB Actuary has determined that the market value of assets in a sub-trust equals or exceeds the Employer's Actuarial Accrued Liability. "GASB Actuary" and "GASB Actuaries" as used in this section means the actuarial firms hired by the Employers to provide estimates of each Employers' respective total liability and annual required contribution for post retirement health benefits under GASB No. 45. "GASB No. 45" as used in this section means Statement No. 45 of the Governmental Accounting Standards Board, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions as may be amended from time to time. "Health coverage" as used in this section, means the health benefits or health insurance provided by the health service system for retirees, survivors and dependents under Section A8.428. "Normal Cost" as used in this section, means each Employer's normal cost under GASB No. 45 as determined by each Employer's GASB Actuary. "Retiree" as used in this section, means a former employee who is retired and is entitled to health coverage under Section A8.428, and the qualified survivors or dependents of such retirees who are entitled to health coverage under Section A8.428. "Participating Employers" as used in this section and Sections A8.432-1, A8.510 and 12.204, shall include the Superior Court of California, County of San Francisco, San Francisco Unified School District and the San Francisco Community College District, following a resolution by their respective governing boards to participate in the Retiree Health Care Trust Fund. (g) Severability The contents of Charter Sections 12.204 or A8.432 shall supersede any Section or part of any Section in this Charter, insofar as such Section or part should conflict with the provisions of Charter Sections 12.204 or A8.432, or with any part thereof. Charter Sections 12.204 or A8.432 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 Charter Sections 12.204 or A8.432 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 Charter Sections 12.204 or A8.432. If any words, phrases, clauses, sentences, subsections, or provisions of Charter Sections 12.204 or A8.432 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Charter Sections 12.204 or A8.432 which can be given effect. Charter Sections 12.204 or A8.432 shall be broadly construed to achieve their stated purpose. Notwithstanding Charter Section A8.432, the Board of Supervisors shall adopt, by a majority vote, such ordinances as are necessary to create and administer the Retiree Health Care Trust Fund, and such further ordinances as may be necessary to establish and mainta

or A8.432 which can be given effect. Charter Sections 12.204 or A8.432 shall be broadly construed to achieve their stated purpose. Notwithstanding Charter Section A8.432, the Board of Supervisors shall adopt, by a majority vote, such ordinances as are necessary to create and administer the Retiree Health Care Trust Fund, and such further ordinances as may be necessary to establish and maintain the purpose described in Sections 12.204 and A8.432. (Amended by Proposition B, Approved 6/3/2008; Proposition D, Approved 6/8/2010; Proposition C, Approved 11/8/2011; Proposition A, Approved 11/5/2013; Proposition D, Approved 11/4/2014) A8 432 1 ADDITIONAL CONTRIBUTIONS TO RETIREE HEALTH CARE TRUST FUND

A8.432-1 ADDITIONAL CONTRIBUTIONS TO RETIREE HEALTH CARE TRUST FUND Beginning on July 1, 2011, in each year when the contribution to the Retirement System required under Section A8.510 is less than the Retirement System employer normal cost rate; (1) the City and County shall deposit the difference into the Retiree Health Care Trust Fund; and (2) the Participating Employers shall deposit the difference into the Retiree Health Care Trust Fund only upon resolution by their respective governing boards. (Added by Proposition D, Approved 6/8/2010) A8.440 ANNUAL VACATIONS OF EMPLOYEES (a) Every person employed in the City and County service shall be allowed a vacation with pay annually, as long as he continues in his employment, as follows: (1) After one year's continuous service, 10 working days. (2) After five years' continuous service, 15 working days. (3) After 15 years' continuous service, 20 working days. (b) Employees may elect not to take their entire vacation in any one year and in such event may accumulate the days allowable and not taken for use at some future time, provided, however, that no employee may accumulate unused vacation allowance in excess of 30 working days regardless of length of service. (c) In computing vacation pay, no employee shall be considered to work more than five days each week. Vacation pay for employees working less than a five-day week shall be computed proportionately. (d) If a holiday occurs during such employee's vacation, and the employee would as a matter of law have been entitled to said day as a regular day off, such holiday shall not be considered a day of vacation chargeable to the employee's vacation allowance. (e) The time when vacations are to be taken shall be at the convenience of the principal executive, with due regard for seniority. (f) An employee with one year or more of service who ceases to be employed by the City and County and who has neither received nor waived his current annual vacation allowance shall receive a pro-rata payment for all service performed since January 1 of the calendar year in which he ceases to be employed, together with an amount equivalent to any accumulated vacation allowances due him. (g) The Board of Supervisors shall enact any and all ordinances necessary to administer, interpret and regulate the provisions of Subsections (a) through (f) of this section. (h) Every employee of the City and County of San Francisco whose rate of compensation is fixed pursuant to the provisions of Sections 8.403 and 8.404 of this Charter shall be entitled to receive an annual vacation at the time, with the pay and of the duration specified in this section and no section of the Charter nor any provision of any collective bargaining agreement nor any street railway or bus wage schedule shall be construed in any manner or for any purpose to increase, reduce or otherwise affect the time or duration of, or pay for, vacations provided by this section nor shall any employee be deemed to have any vacation rights other than or in excess of the vacation rights specified in this section. (i) The vacation rights granted by this section, or contained in any collective bargaining agreements, or in any street railway or bus wage schedules, as any of said terms are referred to in Sections 8.403 and 8.404 of this Charter, shall in no way increase, reduce or otherwise affect or be deemed to affect the wage or pay rate or schedule determinations made pursuant to the provisions of said Sections 8.403 and 8.404. A8.441 AUTHORIZATION TO TRANSFER VACATION 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) A8.450 MUNICIPAL RAILWAY 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. A8.451 POLICE DEPARTMENT (a) The word "member" or "members" as used in this section shall mean the members in the police department set forth in Section 3.531 of this Charter. (b) The basic week of service for each member shall be 40 hours and the annual compensation set forth in Section 3.531 of this Charter shall be based upon said basic week of service. (c) Each member shall be entitled to at least two days off during each week, except as hereinafter provided. (d) Whenever in the judgment of the chief of police public interest or necessity requires the services of any member to serve in excess of the basic week of service during any week, the chief of police may permit said service, and said member shall be compensated therefor or shall receive equivalent time credited to him in lieu thereof in accordance with this subsection. For service performed in excess of the basic week, member shall, as requested by the member, be compensated on the basis of time and one-half in accordance with the ratio which said excess service bears to the basic week of service and the annual compensation provided therefor in Section 3.531 or in lieu thereof equivalent time off duty with pay at the rate of time and one-half. (e) Nothing contained in this section shall be deemed to interfere with a vacation, as provided for in Section 8.440 of this Charter, or the normal days off per week; provided, however, that when in the judgment of the chief of police public interest or necessity requires the services of any member to serve on his vacation, or part thereof, or normal days off, the chief of police may permit said member to serve during said vacation, or part thereof, or normal days off and he shall receive additional compensation for the period so served. Said additional compensation shall be computed on the basis of time and one-half in accordance with the ratio which said extra service performed bears to the basic week of service and the annual compensation provided therefor in Section 3.351. (f) Nothing in this section shall abridge or limit in any way the provisions of Section 301, Part 1, of the San Francisco Municipal Code, approving Rule 32 of the civil service commission, insofar as sick leave and disability leaves for members are concerned. (g) Whenever in the judgment of the police commission the efficient performance of police duty requires that one or more members of the police department should report for roll call, orders, and assignment, prior to going on duty, the said commission may designate a period not to exceed 15 minutes in any one day for said reporting, and the said periods of 15 minutes need not be compensated for in money or in time off with pay. (h) Notwithstanding the provisions of any of the foregoing subsections, the members of the police department shall be entitled to the days declared to be holidays for employees whose compensations are fixed on a monthly basis in the schedules of compensations adopted by the Board of Supervisors pursuant to the provisions of Section 8.401 of the Charter as additional days off with pay. Members shall be compensated on the basis of time and one-half as herein computed or shall be granted equivalent time off duty with pay at the rate of time and one-half as requested by the member. (i) The provisions of this section changing compensation for service in excess of the basic week of service from straight time compensation and equivalent time off duty with pay to time and one-half for compensation and for time off duty with pay shall be effective on and after July 1, 1983. (j) Any member who actually performs services between the hours of 5:00 p.m. and 7:00 a.m. shall be entitled to an additional 6.25 percent of the compensation otherwise payable for base pay therefor for all such hours worked; provided, however, that such additional compensation shall not be included for purposes of retirement benefit calculation or contributions provided elsewhere in this Charter. The provisions of this subsection shall become effective in the manner provided by law, but in no event prior to July 1, 1984.

A8.452 FIRE DEPARTMENT The chief of department shall recommend and the fire commission shall provide by rule for work schedules or tours of duty for the officers and members occupying the several ranks of the fire department; provided, however, that the normal work week determined on an annual basis for such officers and members shall not exceed 48.7 hours. All tours of duty established for officers and members assigned to the fire fighting companies and fire fighting units excepting the arson investigation unit, shall start at eight o'clock A.M. No such officer or member shall be required to work more than twenty-four consecutive hours except in a case of conflagration, disaster, or sudden and unexpected emergency of a temporary nature requiring the services of more than the available on-duty officers and members of the uniformed force of the department. Officers and members may exchange watches with permission of the chief of department and time worked on such exchange of watches shall not be construed as time in violation of the limitation of 48.7 hours in any normal work week nor 24 consecutive hours. Each such officer and each such member shall be entitled to at least one (1) day off duty during each week. When, in the judgment of the chief of department, it is in the public interest that any such officer or member shall work on his day off and said officer or member consents to so work, he may at the direction of the chief of department work on said day off, and in addition to the regular compensation provided for said officer or member as set forth in the Charter, said officer or member shall, as requested by the officer or member, be entitled to be compensated at the rate of time and one-half his regular rate of pay as provided for herein for said extra time served, or he shall be allowed the equivalent time off at the rate of time and one-half. In any computation in the administration of the San Francisco City and County Employees' Retirement System in which the compensation, as defined in any provisions relating to the Retirement System, is a factor, compensation for overtime provided for in this section shall be excluded, and no such overtime compensation shall be deemed as compensation for any purpose relating to such retirement provisions. Officers and members of the uniformed force shall be entitled to the days declared to be holidays for employees whose compensation are fixed on a monthly basis in the schedule of compensation adopted by the Board of Supervisors, pursuant to the provisions of Section 8.401 of the Charter, as additional days off with pay. Officers or members shall be compensated for said days on the basis of time and one-half as herein computed or shall be granted equivalent time off duty with pay at the rate of time and one-half, as requested by the officer or member. For payroll purposes, that portion of each tour of duty which falls within each calendar day shall constitute a single tour of duty. The rate of compensation or equivalent time off as provided for in this section, shall be calculated by dividing the annual rates of pay for each fiscal year by two-thirds (2/3) number of single tours of duty as scheduled for the several ranks in the fire fighting companies in said fiscal year. A8.500 RETIREMENT SYSTEM FOR OFFICERS AND EMPLOYEES In order to continue in force provisions already existing for retirement and death benefits for officers and employees of the City and County, the San Francisco City and County Employees' Retirement System, hereinafter referred to as the Retirement System or the system, is hereby continued. The enactment of Sections 12.100 to 12.103 and Sections A8.500 to A8.581, inclusive, of this Charter is not intended to, and shall not in any way, alter or modify the rights, benefits, or obligations of any member or beneficiary of the Retirement System or of the City and County with respect to that system as they exist at the time this Charter becomes effective. Ordinance provisions already existing with respect to the Retirement System shall continue in force until amended or revoked by the Board of Supervisors as provided in this Section. The Board of Supervisors is hereby empowered to enact, by a vote of three-fourths of its members, any and all ordinances necessary to carry into effect the provisions of Sections 12.100 to 12.103 and the Retirement System provisions of the Charter, as set forth in Appendix Sections A8.500 et. seq.; provided that the Board of Supervisors shall secure, through the Retirement Board, an actuarial report of the cost and effect of any proposed change in the benefits under the Retirement System, before enacting an ordinance or before voting to submit any proposed Charter amendment providing for such change. Subject to the vested rights rule, the Board of Supervisors is further empowered to enact, by a vote of three-fourths of its members, ordinances to conform the provisions of the Retirement System to any changes in the tax laws of the United States to the extent necessary to maintain the qualified tax status of the Retirement System provided that the Board of Supervisors shall first secure, from the Retirement Board, an actuarial report of the cost and effect of any such change and the recommendation from the Retirement Board that such an ordinance is necessary. The Board of Supervisors is further empowered to enact, by a vote of three-fourths of its members, ordinances to allow Internal Revenue Code section 414(h)(2) tax treatment of members' contributions to the Retirement System provided that the Board of Supervisors shall first secure from the Retirement Board an actuarial report which certifies that such ordinances will not increase costs, other than administrative costs, for the City and County.

(Amended by Proposition C, approved 11/8/2011) A8.500-1 RECIPROCAL PENSION BENEFITS WITHIN THE RETIREMENT SYSTEM AND WITH OTHER PUBLIC PENSION PLANS Subject to the provisions of Section 8.500, the Board of Supervisors shall have the power to enact ordinances to establish reciprocal agreements with the Public Employees' Retirement System and other public agencies maintaining independent Retirement Systems for the purpose of extending reciprocal benefits to members of such systems as provided by state law. The Board of Supervisors and the retirement board shall have the power to perform all acts necessary to carry out the terms and purposes of such agreements. Subject to the provisions of Section 8.500, the Board of Supervisors is further empowered to enact ordinances necessary to extend reciprocal rights to members who transfer between retirement plans established by this Charter provided that service under any plan for miscellaneous members shall be used for qualification purposes only and not to calculate benefits under any retirement plan for members of the police or fire departments. With the exception of those members who transferred pursuant to Charter Sections 8.559-14 and 8.585- 14, no ordinance enacted under this section shall extend reciprocal rights to any member who transferred from Charter section 8.559 or 8.585 to Charter section 8.509, 8.584, 8.586 or 8.588, before April 1, 1993. No ordinance enacted under this section shall extend reciprocal rights to any person who terminated his or her membership in the Retirement System or retired before April 1, 1993. Subject to the above, reciprocal benefits under this paragraph shall be consistent with interpretations that have been made relative to the reciprocal benefit provisions of the Public Employees' Retirement System and 1937 County Employees' Retirement Act which this paragraph is intended to implement. The reciprocal 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 reciprocal benefits will be effective if they have an adverse impact 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. (Amended November 1999; November 2002) A8.500-2 DOMESTIC PARTNER QUALIFIED SURVIVOR BENEFITS With respect to the Retirement System, domestic partnerships shall be treated exactly the same as marriages, domestic partners shall be treated exactly the same as spouses, termination of a domestic partnership shall be treated exactly the same as a dissolution of marriage and qualified surviving domestic partners shall be treated exactly the same as qualified surviving spouses, respectively. (a) As used in the retirement plans established by this Charter, the phrase "surviving wife" shall also mean and include a "surviving spouse." As used in these sections, the phrases "surviving wife" and "surviving spouse" shall also mean and include a surviving domestic partner, provided that: (1) there is no surviving spouse, and (2) the member has designated his or her domestic partner as beneficiary with the Retirement System, and (3) the domestic partnership is established or recognized according to those provisions of Chapter 62 of the San Francisco Administrative Code, as amended from time to time. Domestic partners who have formed their domestic partnership only by notarization of a declaration of Domestic Partnership as provided in Chapter 62 of the San Francisco Administrative Code shall not be recognized or treated as a domestic partnership for purposes under the Retirement System unless and until the domestic partnership is registered or certified. A certificate of such domestic partnership, civil union, or similar legal relationship issued by another jurisdiction in a form that is equivalent to the records that the Retirement System relies upon to verify marriages shall constitute sufficient proof of such legal relationship. (b) Beginning March 5, 2002, the requirement of filing a Certificate of Domestic Partnership with the Retirement System shall not apply to members who were retired on or before November 8, 1995 and who had filed a signed Declaration of Domestic Partnership with the County Clerk at least one full year prior to the effective date of his or her retirement; and provided further that, as to any such member who was retired on or before November 8, 1995, no adjustment to a retirement allowance and no payments to a qualified surviving domestic partner shall begin before the effective date of this amendment or before the first day of the month in which an application is made to the Retirement System, which ever occurs later. (c) A monthly allowance equal to what would other-wise be payable to a surviving spouse shall be paid to the said surviving domestic partner, until he or she dies, marries or establishes a new domestic partnership. Establishment of a domestic partnership by a surviving spouse shall be treated exactly the same as a remarriage for retirement purposes.

(d) Notwithstanding subsection (c), no additional continuation allowance shall be paid after March 2, 2004 to a surviving domestic partner who is receiving a continuation allowance as the surviving spouse of another member on or before March 2, 2004. (e) No continuation allowance shall be payable under the provisions of this section approved by the electorate on March 2, 2004 to the survivor of any member or retired member who died on or before March 1, 2004. Any retirement allowance payable to a person who becomes a qualified surviving domestic partner pursuant to the provisions of this section approved by the electorate on March 2, 2004, shall not begin before April 15, 2004. (f) The domestic partner benefits under this section will be limited by Section 415 of the Internal Revenue Code of 1986, as amended from time to time. No domestic partner benefits will be effective if they have an adverse impact 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. (Amended March 2002; November 2002; March 2004) A8.502 RETIREMENT OF ELECTIVE OFFICERS 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) A8.503 RETIREMENT – COURT EMPLOYEES AND ATTACHES Employees and attaches of the superior or municipal court, including persons performing duties performed under the titles of commissioners, phonographic reporters who are paid compensation on a monthly or per diem basis by the City and County, secretaries, stenographers, investigators, messengers and other employees of the superior and municipal courts, in and for the City and County of San Francisco, shall be members of the San Francisco City and County Employees' Retirement System under Section 8.509, and shall be subject to all of the conditions applying to other members under that section, except as herein otherwise provided. Service rendered to the said superior or municipal court in and for the City and County, other than as a phonographic reporter, by persons prior to becoming members under this section on February 1, 1953, shall be credited under the Retirement System to such persons, provided that it would have qualified for credit when rendered, if said persons had been subject then, as they will be under this section, to the provisions of Section 8.509 of this Charter and of the ordinances and provisions of the Municipal Code of the City and County of San Francisco relating to retirement of members under said section. Service rendered to said superior court on and after September 15, 1945, or to said municipal court on and after September 1, 1947, by phonographic reporters prior to becoming members under this section on February 1, 1953, shall be credited under this Retirement System to such persons. Said service, rendered prior to becoming a member under this section on February 1, 1953, shall only be credited to each of such persons if he elect, by written notice, on a form provided by Retirement System, filed in the office of the retirement board of said system prior to July 1, 1953, to receive credit for all or any part of said service, and to pay into the retirement fund, at times and in the manner hereinafter provided, the following amounts: (a) an amount equal to the normal contributions he would have contributed, had he been a member of the Retirement System under Section 8.509, during the time for which he has elected to receive credit for service, on the basis of compensation paid to him by the City and County on account of said service, and (b) an amount equal to the interest which would have been credited to his account on account of such contributions from the date upon which they would have been made, to the date of payment of such contributions to the Retirement System. However, a member shall not receive credit for any portion of such service rendered prior to April 1, 1922, unless he has elected to receive credit for, and has paid into the retirement fund such amount with respect to, all of said service rendered after March 31, 1922. Such amounts shall be paid into the retirement fund by lump sum payment, or payroll deductions or other installments, over a period not exceeding 36 months from July 1, 1953, provided that any balance remaining unpaid at his retirement shall become due and payable forthwith. Benefits, not provided by such amounts, granted to said persons on account of said service rendered prior to February 1, 1953, shall be provided by

contributions of the City and County. Such service shall include time during which such person was absent from a status included in the paragraph above by reason of service in the armed forces of the United States in any war in which the United States has engaged. Notwithstanding the foregoing provisions, any such employee or attache not already a member of the system and who is such an employee or attache on February 1, 1953, shall not become a member of the Retirement System, unless he elect prior to July 1, 1953, on a form provided by the Retirement System, to be a member of said system, and if he does not so elect, he shall not be a member of the Retirement System, and shall not be prevented from continuing in such employment by reason of such provision. A8.504 RETIREMENT – PARKING AUTHORITY EMPLOYEES Officers and employees of the Parking Authority of the City and County shall become members of the San Francisco City and County Employees' Retirement System under Section 8.509 on February 1, 1963, and thereupon shall be subject to all conditions applying to other members under that section inclusive of the provisions of Section 8.514 of the Charter, except as herein otherwise provided; provided, however, that members of such authority are excluded from the San Francisco City and County Employees' Retirement System. Service rendered to the said Parking Authority by persons prior to becoming members under this section on February 1, 1963, shall be credited under the Retirement System to such persons, subject to the terms and conditions provided herein. Said service shall only be credited to each of such persons if he elect, by written notice, on a form provided by the Retirement System and filed in the office of the retirement board of said system prior to July 1, 1963, to receive credit for said service, and to pay into the retirement fund, at times and in the manner fixed by the Retirement Board, the following amounts: (a) an amount equal to the normal contributions he would have contributed, had he been a member of the Retirement System under Section 8.509, during the period in which said service was rendered, on the basis of compensation paid to him by the City and County on account of said service and (b) an amount equal to the interest which would have been credited to his account on account of such contributions from the date upon which they would have been made, to the date of payment of such contributions to the Retirement System; provided that any balance remaining unpaid at his retirement shall become due and payable forthwith. If any such person shall not so elect to receive credit for said service and to pay such amounts of contributions and interest, or having so elected, subsequently does not pay into the retirement fund such amounts at times and in the manner herein provided, and prior to February 1, 1963, he shall enter as a new member without credit for any of said service, any monies theretofore received from him as payment on such amounts together with accumulated interest thereon shall be refunded to him, and the rate of his contribution shall be the normal rate provided in Subsection (h) of Section 8.509 at his age on February 1, 1963, otherwise his rate of contributions shall be the rate provided in said Subsection (h) of Section 8.509 based on his age at the earliest date in the period for which said service is credited. Benefits, not provided by such amounts, granted to said persons on account of said service rendered prior to the effective date of membership under this section, shall be provided by contributions of the City and County. Notwithstanding the foregoing provisions, any such officer or employee not already a member of the system and who is such an officer or employee on February 1, 1963, shall not become a member of the Retirement System, unless he elects to be a member of said system, in writing, on a form provided by the Retirement System and filed in the office of the Retirement System prior to July 1, 1963; if he does not so elect he shall not be a member of the Retirement System, and shall not be prevented from continuing in such employment by reason of the provisions of this section. A8.505 RETIREMENT – PORT AUTHORITY EMPLOYEES All employees of the Port Authority who, on February 7, 1969, are members of the Public Employees' Retirement System of the State of California shall continue to be members of said Public Employees' Retirement System, with all the rights, privileges and benefits of said system and they shall not be members of the San Francisco City and County Employees' Retirement System; and, notwithstanding any other provisions of this Charter, the City and County shall perform all acts necessary to continue the membership of such employees in said Public Employees' Retirement System. All employees of the Port Authority who, at the time the transfer provided for herein shall go into effect, are covered under the provisions of a retirement program other than the Public Employees' Retirement System of the State of California shall thereafter continue to be covered under such retirement program and they shall not be members of the San Francisco City and County Employees' Retirement System; and, notwithstanding any other provisions of this Charter, the City and County shall perform all acts necessary to continue the coverage of such employees under such retirement program. Persons who, after February 7, 1969, become employees of the City and County in positions related to the operation of the State Belt Railroad and who become covered under the provisions of the Railroad Retirement Act by virtue of their employment in such positions

shall not be members of the San Francisco City and County Employees' Retirement System. A8.506 SHERIFF'S DEPARTMENT Notwithstanding any other provisions of this Charter, the Board of Supervisors shall have the power to contract with the Board of Administration of the Public Employees' Retirement System of the State of California to provide that the sheriff, undersheriff and all deputized personnel of the sheriff's department shall be members of the Public Employees' Retirement System, and the Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the terms and purposes of such contract. The maximum employee contribution for sheriff, undersheriff and deputized personnel of the sheriff's department shall be seven and one-half percent (7½%). Required contributions exceeding seven and one-half percent (7½%) shall be made by the City and County. However, the employee contribution for persons who become employed as sheriff, undersheriff and deputized personnel of the sheriff's department on and after July 1, 2010, shall be nine percent (9%). The nine percent (9%) employee contribution rate shall take effect immediately upon expiration of the agreement that is operative on June 30, 2010, between the City and County and the recognized bargaining organization representing said employees. All contracts and contract amendments with the Board of Administration of the Public Employees' Retirement System of the State of California for persons hired on and after July 1, 2010, and before January 7, 2012, shall provide, to the maximum extent permitted, that final compensation for service under the Public Employees' Retirement System plan will be calculated based on a two-year formula. Except as provided in this Section A8.506, on and after July 1, 2010, contracts and contract amendments with the Board of Administration of the Public Employees' Retirement System of the State of California shall be cost-neutral and employee bargaining units shall be permitted to trade salary or other employee paid benefits to achieve cost-neutrality. The Board of Supervisors shall have the power to amend such contracts or contract amendments to terminate the participation of the sheriff, undersheriff and all deputized personnel of the sheriff's department for prospective service and to provide comparable benefits in the San Francisco Employees' Retirement System and to exempt such contracts or contract amendments from the cost-neutrality requirements of this Section A8.506, provided the sheriff, undersheriff, and the recognized employee organizations representing the impacted employees agree. The Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the amendment of such contracts or contract amendments. For sheriffs assuming office and undersheriffs and all deputized personnel of the sheriff's department hired, on and after January 7, 2012, the Board of Supervisors shall have the power to amend its contract with the Public Employees' Retirement System and to provide retirement benefits for said persons in the San Francisco Employees' Retirement System in a plan applicable to sheriffs, undersheriffs and deputized personnel of the sheriff's department. The Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the amendment of such contract. Any person who shall become a member of the Public Employees' Retirement System pursuant to such contract shall have the right to be a member of the health service system and the Health Service Board shall make provisions for participation in the benefits of the health service system by such persons. (Amended by Proposition D, Approved 6/8/2010; Proposition C, Approved 11/8/2011) A8.506-1 TEACHERS IN THE SAN FRANCISCO UNIFIED SCHOOL DISTRICT AND SAN FRANCISCO COMMUNITY COLLEGE DISTRICT Notwithstanding any other provisions of this Charter, the Board of Supervisors shall have the power to perform any and all acts necessary or appropriate to implement any provisions of the Education Code of the State of California which contemplate that teachers in the San Francisco Unified School District and the San Francisco Community College District shall not be members of the San Francisco City and County Employees' Retirement System but shall be members only of the State Teachers' Retirement System or which contemplate that such teachers may elect to be members of the State Teachers' Retirement System and not to be members of the San Francisco City and County Employees' Retirement System. A8.506-2 MISCELLANEOUS SAFETY EMPLOYEES

Notwithstanding any other provisions of this Charter, the Board of Supervisors or the Community College Board shall have the power to contract with the Board of Administration of the Public Employees' Retirement System of the State of California to provide that the probation officers, airport police officers, district attorney and public defender investigators, medical examiner investigators, juvenile court counselors, institutional police, fire safety inspectors and fire protection engineers who are not members of the Section A8.588 plans, shall be members of the Public Employees' Retirement System, and the Board of Supervisors, the Community College Board and the Retirement Board shall have the power to perform all acts necessary to carry out the terms and purposes of such contract. The Board of Supervisors shall have the power to amend such a contract to terminate the participation of certain airport police officers in the Public Employees' Retirement System and to transfer to the San Francisco Employees' Retirement System the accumulated assets and liabilities relating to the airport police officers that make such an election, and to exempt such a contract amendment from the cost- neutrality requirements of this Section A8.506-2, provided that the present value of any additional costs associated with said transfer and the related benefits under the San Francisco Employees' Retirement System does not exceed $670,000 in the aggregate. All additional costs in the form of actuarial liability associated with said transfer and said benefits that exceed $670,000 in the aggregate shall be paid by the airport police officers that elect to terminate their participation in the Public Employees' Retirement System and transfer the accumulated assets and liabilities relating to their service to the San Francisco Employees' Retirement System. The Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the amendment of such contract. The Board of Supervisors shall have the power to amend such contracts or contract amendments to terminate the participation of probation officers, district attorney investigators, and juvenile court counselors, in the Public Employees' Retirement System for prospective service and to provide comparable benefits in the San Francisco Employees' Retirement System and to exempt such contracts or contract amendments from the cost-neutrality provisions of this Section A8.506-2, provided the recognized employee organizations representing the impacted employees agree. The Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the amendment of such contracts or contract amendments. For probation officers, district attorney investigators and juvenile court counselors, hired on and after January 7, 2012, the Board of Supervisors shall have the power to amend its contract or contracts with the Public Employees' Retirement System to terminate the participation of said persons in the Public Employees' Retirement System and to provide their retirement benefits in the San Francisco Employees' Retirement System. The Board of Supervisors and the Retirement Board shall have the power to perform all acts necessary to carry out the amendment of such contract or contracts. Except as provided in this Section A8.506-2, contracts and contract amendments shall be cost-neutral and employee bargaining units shall be permitted to trade salary or other employee paid benefits to achieve cost-neutrality. However, the employee contribution for persons who become employed by the City and County on and after July 1, 2010, and who become eligible for membership pursuant to this Section A8.506-2, shall be nine percent (9%). The nine percent (9%) employee contribution rate shall take effect immediately upon expiration of the agreement that is operative on June 30, 2010, between the City and County and the recognized bargaining organization representing said employees. All contracts and contract amendments with the Board of Administration of the Public Employees' Retirement System of the State of California for persons hired on and after July 1, 2010, shall provide, to the maximum extent permitted, that final compensation will be calculated based on a two-year formula. The Board of Supervisors or the Community College Board is empowered to determine compliance under this Section. As provided in Section A8.409-5 of the City Charter, disputes under this paragraph shall not be subject to the dispute resolution procedures contained in Charter Section A8.409-4. Any person who shall become a member of the Public Employees' Retirement System pursuant to such contract shall have the right to be a member of the health service system and the Health Service Board shall make provision for the participation in the benefits of the health service system by such persons. (Amended November 2003; Proposition F, Approved 11/6/2007; Proposition D, Approved 6/8/2010; Proposition C, Approved 11/8/2011) A8.506-3 HOUSING AUTHORITY POLICE All Housing Police Officers of the Housing Authority who, on July 1, 1984, are members of the Public Employees' Retirement System of the State of California shall continue to be members of said Public Employees' Retirement System, and they shall not be members of the San Francisco City and County Employees' Retirement System. Notwithstanding any other provisions of this Charter, the City and County shall perform all acts necessary to continue the membership of such employees in said Public Employees' Retirement System. Notwithstanding any other provisions of this Charter, the Board of Supervisors shall have the power to contract with the Board of Administration of the Public Employees' Retirement System of the State of California to provide that Housing Authority Police hired after July 1, 1984, shall be members of the Public Employees' Retirement System, and the B

in said Public Employees' Retirement System. Notwithstanding any other provisions of this Charter, the Board of Supervisors shall have the power to contract with the Board of Administration of the Public Employees' Retirement System of the State of California to provide that Housing Authority Police hired after July 1, 1984, shall be members of the Public Employees' Retirement System, and the Board of Supervisors and the retirement board shall have the power to perform all acts necessary to carry out the terms and purposes of such contract. However, the employee contributions to the Public Employees' Retirement System for persons hired on and after July 1, 2010, and who become eligible for membership pursuant to this Section A8.506-3 shall be nine percent (9%). The nine percent (9%) employee contribution rate shall take effect immediately upon expiration of the agreement that is operative on June 30, 2010, between the City and County and the recognized bargaining organization representing said employees. All contracts and contract amendments with the Board of Administration of the Public Employees' Retirement System of the State of

California for persons hired on and after July 1, 2010, shall provide, to the maximum extent permitted, that final compensation will be calculated based on a two-year formula. Except as provided in this Section A8.506-3, on and after July 1, 2010, contracts and contract amendments with the Board of Administration of the Public Employees' Retirement System of the State of California shall be cost-neutral and employee bargaining units shall be permitted to trade salary or other employee paid benefits to achieve cost-neutrality. Any person who shall become a member of the Public Employees' Retirement System pursuant to such contract shall have the right to be a member of the health service system and the Health Service Board shall make provision for participation in the benefits of the health service system by such persons. (Amended by Proposition D, Approved 6/8/2010) A8.506-4 PER DIEM NURSES ON JANUARY 1, 1988. Registered nurses, hired and compensated by the department of health on a per diem basis, shall not be members of the Retirement System or subject to the provisions of the Retirement System by reason of such employment. Members of the Retirement System on the effective date of this section shall have the option to be exercised in writing on a form to be furnished by the retirement board and to be filed at the office of the Retirement System not later than March 31, 1988, to exclude compensation for per diem nursing as compensation for all Retirement System purposes. The provisions of this section shall be prospective only, shall be effective January 1, 1988 and shall not give any person a claim for refund of pension contributions prior to January 1, 1988. A8.506-5 DISTRICT ATTORNEYS, PUBLIC DEFENDERS AND PUBLIC DEFENDER INVESTIGATORS (a) Notwithstanding any other provisions of this Charter, the Board of Supervisors shall have the power to contract with the Board of Administration of the Public Employees' Retirement System of the State of California to provide that local prosecutors, public defenders and public defender investigators, on or after January 1, 2002, shall be members of the Public Employees' Retirement System pursuant to Government Code § 20423.6 and the Board of Supervisors and the retirement board shall have the power to perform all acts necessary to carry out the terms and purposes of such contract. Any person who shall become a member of the Public Employees' Retirement System pursuant to such contract shall have the right to be a member of the health service system and the health service board shall make provision for the participation in the benefits of the health service system by such persons. (b) For the purposes of the Retirement System and of this section, the terms "local prosecutor, public defender and public defender investigator" or "member," shall mean: (1) "Local prosecutor" means any one of the following: (A) An officer or employee of the City and County of San Francisco who meets all of the following criteria: (i) He or she is employed in the Office of the District Attorney and (ii) His or her job classification is district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title. (B) An officer or employee of the City and County of San Francisco who meets all of the following criteria: (i) He or she was employed in the Office of the District Attorney prior to the date the local child support agency transitioned from the District Attorney to the San Francisco Office of Child Support Services; (ii) His or her job classification was district attorney, deputy district attorney, chief deputy district attorney, senior deputy district attorney, assistant district attorney, chief assistant district attorney, senior assistant district attorney, or any other similar classification or title; and (iii) He or she is an attorney in the San Francisco Office of Child Support Services, with no break in service between employment by the Office of the District Attorney and the San Francisco Office of Child Support Services. (2) "Local public defender" means an officer or employee of the City and County of San Francisco who meets all of the following criteria: (A) He or she is employed in the Office of the Public Defender and

(B) His or her job classification is public defender, deputy public defender, chief deputy public defender, senior deputy public defender, assistant public defender, chief assistant public defender, senior assistant public defender, or any other similar classification or title. (3) "Local public defender investigator" means an officer or employee of the City and County of San Francisco who meets all of the following criteria: (A) He or she is employed in the Office of the Public Defender; (B) His or her job classification is inspector, investigator, detective, or any other similar classification or title; and (C) His or her principal duties are to investigate crime and criminal cases. (c) The power to enter into a contract under subsection (a), above, shall be limited to a contract that is cost-neutral to the City. Employee bargaining units shall be permitted to trade salary or other employer-paid benefits, including but not limited to social security benefits, to achieve cost-neutrality. As provided in Section A8.409-5 of the City Charter, disputes under this paragraph shall not be subject to the dispute resolution procedures contained in Charter Section A8.409-4. (Added March 2004) A8.507 MISCELLANEOUS OFFICERS AND EMPLOYEES ON JANUARY 8, 1932 Persons who are officers and employees of this City and County on January 8, 1932, shall become members of the Retirement System subject only to the following provisions, in addition to the provisions contained in Sections 3.670, 3.672, 8.500, 8.510, 8.511, 8.520, 8.525 and 8.560, of this Charter. (a) The system shall be applied to such offices, departments, bureaus, or classes of officers or employees of the City and County, including teachers in the San Francisco school department, as the supervisors shall determine; provided, however, that the contributions to be made by said teachers and the benefits to be received by said teachers under said Retirement System shall be based upon the proportion of salaries of said teachers which have been and shall be paid out of funds contributed by the City and County, excluding therefrom the portion of such salaries which have been or shall be paid out of funds contributed by the State of California; and in determining such proportion it shall be taken to be the same proportion which the whole amount of money contributed by the City and County to the common school fund in any fiscal year bears to the whole amount of money contributed to such fund in such year by the state and by the City and County; and provided, further, that nothing herein contained shall be construed to deprive any teacher of the right to receive benefits under any pension or Retirement System now or hereafter established by the State of California. (b) 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 62 years and completed 10 years of continuous service, but 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 62, in accordance with the tables recommended by the actuary and approved by said retirement board. (c) All persons who were retired prior to October 1, 1925, from service as teachers in the public schools of San Francisco, under the provisions of the law of 1913, establishing the California Public School Teachers' Retirement Salary Fund, shall be entitled to and shall receive retirement allowances, to be calculated on the same basis as that established for determining the retirement allowances provided for members of the said Retirement System. A8.508 PACIFIC GAS & ELECTRIC COMPANY 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. A8.509 RETIREMENT – MISCELLANEOUS OFFICERS AND EMPLOYEES ON AND AFTER JULY 1, 1947 Miscellaneous officers and employees, as defined in this section, who are members of the Retirement System under this section of the Charter on February 1, 1969, and persons who become miscellaneous officers and employees after February 1, 1969, shall be members of the Retirement System, subject to the following provisions of this section, in addition to the provisions contained in Sections 12.100, 12.103, A8.500, A8.510 and A8.520 of this Charter notwithstanding the provisions of any other section of the Charter, provided that the Retirement System shall be applied to persons employed on a part-time, temporary or substitute basis 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 of the said departments who are members of the Retirement System under Section A8.507 of the Charter on February 1, 1969 shall continue to be members of the system under Section A8.507 and shall not be subject to any of the provisions of this section, except as specifically provided in this section. (a) 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: "Retirement allowance," or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, and continuing for life unless a different term of payments is definitely provided by the context. "Compensation," as distinguished from benefits under the workers' compensation laws of the State of California, shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this section. "Compensation earnable" shall mean the compensation as determined by the retirement board, which would have been earned by the member had he or she worked, throughout the period under consideration, the average number of days ordinarily worked by persons in the same grade or class of positions as the positions held by him or her during such period and at the rate of pay attached to such positions, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to entering City-service he was in the position first held by him in City-service. "Benefit" shall include "allowance," "retirement allowance," and "death benefit." "Average final compensation" shall mean the average monthly compensation earned by a member during any five consecutive years of credited service in the Retirement System in which his or her average final compensation is the highest, unless the Board of Supervisors shall otherwise provide by ordinance enacted by three-fourths vote of all members of the board. For the purposes of the Retirement System and of this section, the terms "miscellaneous officer or employee," or "member," as used in this section shall mean any officer or employee who is not a member of the fire or police department as defined in the Charter for the purpose of the Retirement System, under Section A8.507 of the Charter. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement Board" shall mean "Retirement Board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural; and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. (b) Any member who completes at least 20 years of service in the aggregate credited in the Retirement System, and attains the age of 50 years, or at least 10 years of service in the aggregate credited in the Retirement System, and attains the age of 60 years, said service to be computed under Subsection (g) hereof, may retire from service at his option. Members may retire under this section on the first day of the month next following the attainment by them of the age of 65 years. A member retired after reaching the age of 62 years shall receive a service retirement allowance at the rate of two and three-tenths percent of said average final compensation for each year of service. The service retirement allowance of any member eligible to retire under this Section shall be an allowance equal to the percentage of said average final compensation set forth opposite his age at retirement, taken to the preceding completed quarter year, for each year of service, computed under Subsection (g): Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 1.0000 50¼ 1.0250

50½ 1.0500 50¾ 1.0750 51 1.1000 51¼ 1.1250 51½ 1.1500 51¾ 1.1750 52 1.2000 52¼ 1.2250 52½ 1.2500 52¾ 1.2750 53 1.3000 53¼ 1.3250 53½ 1.3500 53¾ 1.3750 54 1.4000 54¼ 1.4250 54½ 1.4500 54¾ 1.4750 55 1.5000 55¼ 1.5250 55½ 1.5500 55¾ 1.5750 56 1.6000 56¼ 1.6250 56½ 1.6500 56¾ 1.6750 57 1.7000 57¼ 1.7250 57½ 1.7500 57¾ 1.7750 58 1.8000 58¼ 1.8250 58½ 1.8500 58¾ 1.8750 59 1.9000 59¼ 1.9250 59½ 1.9500 59¾ 1.9750 60 2.100 60¼ 2.1250 60½ 2.1500 60¾ 2.1750 61 2.2000 61¼ 2.2250 61½ 2.2500 61¾ 2.2750 62 2.3000

In no event shall a member's retirement allowance exceed 75 percent of his or her average final compensation. Before the first payment of a retirement allowance is made, a member retired under this Subsection or Subsection (c) of this Section,

may elect to receive the actuarial equivalent of his or her allowance, partly in an allowance to be received by him or her throughout his life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar elections by other members of the Retirement System, including the character and amount, of such other benefits. In the calculations under this Subsection of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated in the manner prescribed for each class of service, the average final compensation in each case being that for the respective class of service; provided that the aggregate retirement allowance shall be taken into account in applying the provisions of this

Subsection providing for a minimum retirement allowance. Part-time service and compensation shall be reduced to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so reduced, shall be applied on full-time service and compensation in the calculations of retirement allowances. (c) Any member who becomes incapacitated for performance of duty because of disability determined by the Retirement Board to be of extended and uncertain duration, and who shall have completed at least 10 years of service credited in the Retirement System in the aggregate, computed as provided in Subsection (g) hereof, shall be retired upon an allowance of one and eight-tenths percent of the average final compensation of said member, as defined in Subsection (a) hereof for each year of credited service, if such retirement allowance exceeds 40 percent of his or her average final compensation; otherwise one and eight-tenths percent of his or her average final compensation multiplied by the number of years of City-service which would be credited to him or her were such City-service to continue until attainment by him or her of age 60, but such retirement allowance shall not exceed 40 percent of such average final compensation. In the calculation under this Subsection of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed, for each class of service, the average final compensation in each case being that for the respective class of service; provided that the average final compensation upon which the minimum total retirement allowance is calculated in such case shall be based on the compensation earnable by the member in the classes of service rendered by him or her during the one year immediately preceding his or her retirement. Part-time service and compensation shall be reduced to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so reduced, shall be applied as full-time service and compensation in the calculation of retirement allowances. An application for a disability retirement may be brought before the Retirement Board on said Board's own motion, by the Executive Director of the Retirement System, by recommendation of any department head, commission or board, or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease, and he or she shall be restored to service in the position or classification he or she occupied at the time of his or her retirement. (d) 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. (e) If a member shall die, before retirement, (1) If no benefit is payable under subdivision (2) of this subsection (e): (A) Regardless of cause, a death benefit shall be paid to the member's estate or designated beneficiary consisting of the compensation earnable by the member during the six months immediately preceding death, plus the member's contributions and interest credited thereon. (B) If a member sustains a traumatic bodily injury through external and violent means in the course and scope of employment and death results within 180 days of such injury, an additional insurance benefit of 12 months of compensation earnable shall be paid to the member's estate or designated beneficiary. (2) If, at the date of his or her death, he or she was qualified for service retirement by reason of service and age under the provisions of Subsection (b) of this Section, and he or she has designated as beneficiary his or her surviving spouse, who was married to him or her for at least one full year immediately prior to the date of his or her death, one-half of the retirement allowance to which the member would have been entitled if he or she had retired from service on the date of his or her death, shall be paid to such surviving spouse who was his or her designated-beneficiary at the date of his or her death, until such spouse's death or remarriage, or if there be no surviving spouse, to the unmarried child or children of such member under the age of 18 years, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If, at the death of such surviving spouse, who was receiving an allowance under this Subdivision (2), there be one or more unmarried children of such member under the age of 18 years, such allowance shall continue to such child or children, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If the total of the payments of allowance made pursuant to this Subdivision (2) is less than the benefit which was otherwise payable under Subdivision (1) of this Subsection, the amount of said benefit payable under Subdivision (1) less an amount equal to the total of the payments of allowance made pursuant to this Subdivision (2) shall be paid in lump sum as follows: (A) If the person last entitled to said allowance is the remarried surviving spouse of such member, to such spouse. (B) Otherwise, to the surviving children of the member, share and share alike, or if there are no such children, to the estate of the person last entitled to said allowance. The surviving spouse may elect, on a form provided by the Retirement System and filed in the office of the Retirement System before the first payment of the allowance provided herein, to receive the benefit provided in Subdivision (1) of this Subsection in lieu of the allowance which otherwise wo

, or if there are no such children, to the estate of the person last entitled to said allowance. The surviving spouse may elect, on a form provided by the Retirement System and filed in the office of the Retirement System before the first payment of the allowance provided herein, to receive the benefit provided in Subdivision (1) of this Subsection in lieu of the allowance which otherwise would be payable under the provisions of this Subdivision. If a surviving spouse, who was entitled to make the election herein provided, shall die before or after making such election, but before receiving any payment pursuant to such election, then the legally appointed guardian of the unmarried children of the member under the age of 18 years, may make the election herein provided before benefit has been paid under this Subsection (e), for and on behalf of such children if, in his or her judgment it appears to be in their interest and advantage, and the election so made shall be binding and conclusive upon all parties in interest. If any person other than such surviving spouse shall have and be paid a community property interest in any portion of any benefit provided under this Subsection (e), any allowance payable under this Subdivision (2) shall be reduced by the actuarial equivalent, at the date of the member's death, of the amount of benefits paid to such other person. 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 in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members.

(f) Should any miscellaneous member 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 subject to the conditions prescribed by the Board of Supervisors to cover similar terminations of employment and reemployment with and without redeposit of withdrawn accumulated contributions of other members of the Retirement System, provided that if such member is entitled to be credited with at least 10 years of service or if his or her accumulated contributions exceed $1,000, he or she shall have the right to elect, without right of revocation and within 90 days after said termination of service, or if the termination was by lay-off, 90 days after the Retirement Board determines the termination to be permanent, whether to allow his or her accumulated contributions to remain in the retirement fund and to receive benefits only as provided in this paragraph. Failure to make such election shall be deemed an irrevocable election to withdraw his or her accumulated contributions. A person who elects to allow his or her accumulated contributions to remain in the retirement fund shall be subject to the same age requirements as apply to other members under this Section for service retirement, but he or she shall not be subject to a minimum service requirement. Upon the qualification of such member for retirement by reason of age, he or she shall be entitled to receive a retirement allowance which shall be the actuarial equivalent of his or his accumulated contributions and an equal amount of the contributions of the City and County, plus 12/3 percent of his average final compensation for each year of service credited to him or her as rendered prior to his first membership in the Retirement System. Upon the death of such member prior to retirement, his or her contributions with interest credited thereon shall be paid to his or her estate or designated beneficiary. (g) The following time and service shall be included in the computation of the service to be credited to a member for the purpose of determining whether such member qualifies for retirement and calculating benefits: (1) Time during which said member is a member of the Retirement System and during and for which said member is entitled to receive compensation because of services as a miscellaneous officer or employee. (2) Service in the fire and police departments which is not credited as service of a member under this Section shall count under this Section upon transfer of a member of either of such departments to employment entitling him or her to membership in the Retirement System under this Section, provided that the accumulated contribution standing to the credit of such member shall be adjusted by refund to the member or by payment of the member, to bring the account at the time of such transfer to the amount which would have been credited to it had the member been a miscellaneous employee throughout the period of his or her service in either such departments at the compensation he or she received in such departments. (3) Time during which said member is absent from a status included in paragraphs (1) or (2) next preceding which is not deemed absence from service under the provisions of Section A8.520 of the Charter and for which such member is entitled to receive credit as service for the City and County by virtue of contributions made in accordance with the provisions of such Section. (4) Prior service determined and credited as prescribed by the Board of Supervisors for persons who are members under Section A8.507. (5) The Board of Supervisors, by ordinance enacted by a three-fourths vote of its members, may provide for the crediting as service under the Retirement System of service, other than military service, rendered as an employee of the federal government and service rendered as an employee of the State of California or any public entity or public agency in the State of California. Said ordinance shall provide that all contributions required as the result of the crediting of such service shall be made by the member and that no contributions therefor shall be required of the City and County. (6) 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. (h) All payments provided under this Section shall be made from funds derived from the following sources, plus interest earned on said funds: (1) There shall be deducted from each payment of compensation paid to a member under Section A8.509 a sum equal to 7½ percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.509, or shall be paid to said member or his estate or beneficiary as provided in Sections A8.509(e) and A8.509(f). The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (2) Contributions based on time included in paragraphs (1) and (3) of Subsection (g), and deducted prior to July 1, 1947, from compensation of persons who become members under this Section, and standing with interest thereon, to the credit of such members on the records of the Retirement System on said date, shall continue to be credited to the individual a

or said purchase, plus interest. (2) Contributions based on time included in paragraphs (1) and (3) of Subsection (g), and deducted prior to July 1, 1947, from compensation of persons who become members under this Section, and standing with interest thereon, to the credit of such members on the records of the Retirement System on said date, shall continue to be credited to the individual accounts of said members, and shall be combined with and administered in the same manner as the contributions deducted after said date. (3) The total contributions, with interest thereon, made by or charged against the City and County and standing to its credit, on July 1, 1948, in the accounts of the Retirement System, on account of persons who become members under this Section, shall be applied to provide the benefits under this Section. (4) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in the preceding paragraphs of this Subsection (h), to provide the benefits payable under this Section. Such contributions of the City and County to provide the portion of the benefits hereunder, which shall be based on service rendered by each member prior to the date upon which his or her rate of contribution is determined in paragraph (1), Subsection (h), shall not be less during any fiscal year than the amount of such benefits paid during said year. Such contributions of the City and County to provide the portion of the benefits hereunder, which shall be based on service rendered by respective members on and after the date stated in the next preceding sentence, shall be made in annual installments, and the installment to be paid in any year shall be determined by the

application of a percentage to the total salaries paid during said year, to persons who are members under this Section, said percentage to be the ratio of the value of the effective date hereof, or at the later date of a periodical actuarial valuation and investigation into the experience under the system, of the benefits thereafter to be paid under this Section, from contributions of the City and County, less the amount of such contributions, and plus accumulated interest thereon, then held by said system to provide said benefits on account of service rendered by respective member after the date stated in the sentence next preceding, to the value at said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement, and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuation shall be made every even- numbered year, and said investigation into the experience under the system shall be made every odd-numbered year. Notwithstanding the provisions of this Subdivision (4), any additional liabilities created by the amendments of this Section A8.509 contained in the proposition therefor submitted to the electorate on November 6, 1973, shall be amortized over a period of 30 years. (5) Notwithstanding any other provision of this Section A8.509 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (h)(1) for each member with a base rate of pay at or above $24.00 per hour, but less than $48.00 per hour, shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (h)(4). The foregoing base rates of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco- Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5% ). The increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0% The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.509, or shall be paid to said member or his or her beneficiary or estate as provided in Section A8.509(e). The percentage increase tn member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (h)(4) for that fiscal year. (6) Notwithstanding any other provision of this Section A8.509 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (h)(1) for each member with a base rate of pay at or above $48.00 per hour shall be increased or

decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (h)(4). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.509, or shall be paid to said member or his or her beneficiary or estate as provided in Section A8.509(e). The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven and one half percent of the member's compensation as provided in Subsection (h)(1). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (h)(4) for that fiscal year. (7) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County, held by the system to provide the benefits under this Section, shall be a part of the fund in which all other assets of said system are included. Nothing in the Section shall affect the obligations of the City and County to pay to the Retirement System any amounts which may or shall become due under the provisions of the Charter prior to the effective date hereof, and which are represented on July 1, 1947, in the accounts of said system by debits against the City and County. (8) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including the procedures under Section A8.409. (i) Upon the completion of the years of service set forth in Subsection (b) of this Section as requisite to retirement, a member shall be entitled to retire at any time thereafter in accordance with the provisions of said Subsection (b), and nothing shall deprive said member of said right. (j) Except as otherwise provided in Section A8.511 of this Charter, no person retired under this Section, 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 persons 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. (k) Any Section or part of any Section in this Charter, insofar as it should conflict with this Section, or with any part thereof, shall be superseded by the contents of this Section. In the event that any word, phrase, clause or subsection of this Section shall be adjudged unconstitutional, the remainder thereof shall remain in full force and effect. (l) Notwithstanding the provisions of Subdivisions (b), (c), (f), and (i) of this Section, any member convicted of a crime involving moral turpitude, committed in connection with his or her duties as an officer or employee of the City and County of San Francisco, shall, upon his or her removal from office or employment pursuant to the provisions of this Charter, forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Subdivision (b) of this Section, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment, whether to withdraw all of his or her accumulated contributions or to receive as his or her sole benefit under the Retirement System, an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. (m) The amendments of this Section contained in the proposition submitted to the electorate on November 6, 1984 are hereby declared to be prospective and shall not give any person a claim against the City and County relating to a death prior to ratification of this amendment by the State Legislature. (n) The amendments to Section A8.509 contained in the proposition submitted to the electorate on June 3, 2008 shall apply only to miscellaneous officers and employees under this Section A8.509 who were not retired on January 10, 2009, and whose accumulated contributions were in the retirement fund on January 10, 2009, and who were not retired on that date. (o) Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.509 or with any part thereof shall be superseded by the contents of Section A8.509. Section A8.509 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 this Section A8.509 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 A8.509. If any words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.509 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of this Section A8.509 which can be given effect. Section A8.509 shall be broadly construed to achieve its stated purposes. (Amended by Proposition B, Approved 6/3/2008; Proposition G, Approved 11/4/2008) A8.510 ACTUARIAL TABLES, RATES AND VALUATIONS The mortality, service and other tables, and the rates of contributions for members as recommended by the actuary and the valuations determined by him and approved by the Retirement Board, shall be conclusive and final, and the Retirement System shall be based thereon. The total amount, as determined by the actuary and approved by the board, of the contributions required during any fiscal year of the City and County under the Retirement System, shall be paid into the Retirement System by the City and County during such year. Liabilities accruing under the Retirement System because of service rendered to the City and County by persons prior to the date their respective classes become eligible for membership in the system, and administrative costs under the system, shall be met by contributions to the Retirement System by the City and County, in addition to any amounts contributed to meet liabilities accruing because of service rendered by such persons after becoming members of the system, provided that such prior service liabilities may be met by annual appropriations instead of by one appropriation for the total amount of the liabilities; and provided further, that such appropriation for any one year shall not be less than the amount disbursed during that year on account of prior service. All expenses in connection with the investment of such fund or funds as may be established, including but not limited to travel and transportation costs, investment seminar expenses, postage, insurance, telephone, and subscriptions to investment publications, shall be paid from the accumulated contributions of the City and County. Notwithstanding the provisions of Section A8.509(h)(5), said actuarial valuation and said investigation into the experience under the system shall be made as determined by the Retirement Board; provided, however, that said actuarial valuation shall be made not less than once every two years. All expenses in connection with said actuarial valuation and said investigation into the experience under the system; all expenses incurred by financial audits and accounting systems and procedures; and, all expenses of administration of plan benefits, including legal expenses thereof, shall be paid from the accumulated contributions of the City and County. Contributions to the Retirement System required of the City and County shall be charged by the controller against the general fund or the school, utility, bond or other special fund under

l audits and accounting systems and procedures; and, all expenses of administration of plan benefits, including legal expenses thereof, shall be paid from the accumulated contributions of the City and County. Contributions to the Retirement System required of the City and County shall be charged by the controller against the general fund or the school, utility, bond or other special fund under which the service was rendered, on account of which the contribution is required; provided that contributions required on account of service rendered by any person prior to becoming a member of the system, under a temporary fund, such as bond or County roads funds, or a fund then no longer existing, may be charged against the general fund, and provided further, that any contributions required on account of persons receiving benefits under subdivision (c) of Section A8.507, shall be charged against the general fund. Beginning on July 1, 2012, in each year when the contribution to the Retirement System required under Section A8.510 is less than the Retirement System employer normal cost rate; (1) the City and County shall deposit into the Retiree Health Care Trust Fund the difference between the contributions that would have been based on the employer normal cost rate for that fiscal year and the

contributions to be paid by the City and County into the Retirement Trust Fund for that fiscal year, including employee contributions paid by the City and County on behalf of members; and (2) the Participating Employers, as defined in Section A8.432, shall deposit the difference into the Retiree Health Care Trust Fund only upon resolution by their respective governing boards. (Amended by Proposition D, Approved 6/8/2010; Proposition C, Approved 11/8/2011) A8.511 PENSIONS OF RETIRED PERSONS (a) Except as provided in subsection (c) of this section, no person retired for service or disability, and in receipt of a retirement allowance under the Retirement System, shall serve in any elective or appointive position in the City and County service, including membership on boards and commissions, nor shall such persons receive any payment for service rendered to the City and County after retirement, provided that service as an election officer or juror, or in the preparation for or the giving of testimony as an expert witness for or on behalf of the City and County of San Francisco before any court or legislative or administrative body, shall not be affected by this section or by Section 8.509, Section 8.546 or Section 8.581 of the Charter. (b) Should any retired person, except persons retired for service prior to January 8, 1932, and persons retired because of disability incurred in the performance of duty, engage in a gainful occupation prior to attaining the age of 62, the retirement board shall reduce that part of his/her monthly pension or retirement allowance which is provided by contributions of the City and County, to an amount which, when added to the amount earned monthly by him/her in such occupation, shall not exceed the compensation on the basis of which his/her pension or retirement allowance was determined. (c) Limited employment in positions requiring special skills or knowledge: (1) A retired person, who is a certificated employee, may enter into a consultancy contract with the San Francisco Unified School District or the San Francisco Community College District to the extent authorized by state law. Notwithstanding any other provisions of this Charter to the contrary, a certificated employee who enters into such a consultancy contract shall not be reinstated as a member of the Retirement System. No deduction shall be made from his or her compensation as contributions to the Retirement System, and his or her retirement allowance shall not be terminated or suspended. (2) A retired person may be employed in a position other than a certificated position, requiring special skills or knowledge, for not to exceed 120 working days or 960 hours, whichever is greater, in any one fiscal year and may be paid for that employment. That employment shall not operate to reinstate the person as a member of the Retirement System or to terminate or suspend the member's retirement allowance, and no deductions shall be made from his or her salary as contributions to the Retirement System. Furthermore, this employment shall not replace a permanent civil service employee. A8.512 RELINQUISHMENT OF CERTAIN RETIREMENT ALLOWANCES Any person who retired under the San Francisco City and County Employees' Retirement System from an employment status in which he was a member of the State Teachers' Retirement System, and whose retirement was effective after June 30, 1955, and not later than 90 days after February 1, 1957, may elect, in writing on a form provided by the Retirement System and to be filed at the office of said system within 90 days after February 1, 1957, to relinquish his right to a retirement allowance from said City and County Employees' Retirement System. If such person so elects to relinquish said right, his retirement allowance shall be cancelled forthwith and no payments of such allowance shall be made to him, or on his account, for time on and after the effective date of such election, and such election shall be irrevocable. The San Francisco City and County Employees' Retirement System shall pay or be liable to pay to or on account of such person, only an amount equal to the actuarial equivalent, as of the effective date of such relinquishment, and on the basis of the mortality tables and interest rate then used under the system, of the portion of the cancelled allowance which was provided by said person's accumulated contributions at the effective date of his retirement. An amount equal to such actuarial equivalent shall be forwarded forthwith to the Retirement Annuity Fund of said State Teachers' System, to be applied on the amount due to said fund from said person under the provisions of Division (7), Chapter 14 of the Education Code of the State of California, but not to exceed the amount so due as may be quoted in a written statement requested of and received from said State Teachers' Retirement System as applied to any person herein involved. Any excess of the actuarial equivalent over said amount so quoted as due shall be paid forthwith to said person. A8.513 CREDIT ON CURRENT CONTRIBUTIONS, FOR CERTAIN PUBLIC RESERVES RELEASED BY

WITHDRAWAL OR RELINQUISHMENT BY RETIRING OR RETIRED TEACHERS In the event that any teacher or other employee of the board of education resigns and withdraws during or after the fiscal year which will end June 30, 1957, his accumulated contributions from the San Francisco City and County Employees' Retirement System, and instead, within 90 days after such withdrawal is in the status of a person retired under the State Teachers' Retirement System of California on an allowance based on the full allowance formulae under said state system, the contributions which the San Francisco Unified School District is required to make to said City and County Employees' Retirement System on account of service rendered by employees of such unified school district as such members of such system, in accordance with the rate of contribution determined under Section 8.509 of the Charter, shall be reduced by an amount equal to the actuarial equivalent as of the day next following the date of such withdrawal, of the portion of the allowance to which such person would have been entitled from said City and County Employees' Retirement System, if he had not resigned, and which would have been based on his service as a member of such City and County Employees' Retirement System, minus the amount of his accumulated normal contributions withdrawn. In the event that any person retired under the San Francisco City and County Employees' Retirement System from an employment status in which he was a member of the State Teachers' Retirement System, has elected or elects to relinquish his right to a retirement allowance from said City and County Employees' Retirement System, the contributions which the San Francisco Unified School District is required to make to the City and County Employees' Retirement System on account of service rendered by employees of such unified school district as members of such system in accordance with the rate of contribution determined under Section 8.509 of the Charter, shall be reduced by an amount equal to the actuarial equivalent as of the effective date of such relinquishment, and as determined in connection with such relinquishment, of the portion of the allowance to which said person would have been entitled had he not so elected, and which was based on his service as a member of the City and County Employees' Retirement System, minus the actuarial equivalent determined in connection with such relinquishment of the portion of the cancelled allowance which was provided by said person's accumulated normal contributions at the effective date of his retirement. If the total of the actuarial equivalents by which the contributions required of the San Francisco Unified School District in any year are to be reduced, exceeds such contributions, the amount of the excess shall be carried over to subsequent fiscal years and applied to reduce such contributions for such years in chronological order. A8.514 SOCIAL SECURITY COVERAGE The Board of Supervisors may enact, by a vote of three-fourths of its members, an ordinance or ordinances prescribing the conditions according to which any and all employees of the San Francisco Unified School District and employees of the City and County of San Francisco, other than members of the fire and police department as defined in Section 8.560, may be covered under the Federal Old-Age and Survivors Disability Insurance provisions of the Federal Social Security Act, subject to the provisions of this section. "City and County" as hereinafter used shall mean the City and County of San Francisco and the San Francisco Unified School District. (a) Any member of the San Francisco City and County Employees' Retirement System, hereinafter referred to as the system, who is or becomes covered by the Federal Old-Age and Survivors Disability Insurance provisions of the Federal Social Security Act, hereinafter referred to as the Act, shall continue to contribute to the system the normal contributions required of him, except that he shall have the right to reduce his normal contributions under the system at his option to be exercised by an election on the system's form, said election to be effective on the first day of the month next following its filing in the system's office. Such reduction of normal contributions shall apply only to time during which said member is covered under the Act, and after February 1, 1959, and the amount of said reduction, which may be changed from time to time by said member, in accordance with rules and regulations of the Retirement Board, shall not be more than the amount of said member's contribution under the Act. Any allowance payable to or on account of such member by the system shall be reduced on the effective date of said allowance by the actuarial equivalent on that date of the normal contributions, including interest to said date, with which said member would have been but was not credited under the system because of said reduction in his normal contributions and because of amounts paid from such member's accumulated contributions for the retroactive period hereinafter provided for, and any continuation of said allowance shall be based on such reduced allowance but said allowance shall not be effected otherwise by the member's reduction of his normal contributions. Said member shall have the right to contribute amounts, which shall be administered as additional contributions, to replace all or part of such reduction in his retirement allowance. (b) The reductions in allowances and contributions of members shall be made as provided in the foregoing paragraphs, notwithstanding any provisions in the Charter to the contrary. (c) Every employee covered by the agreement providing coverage under the Act shall be liable for the employee contributions required by the Act. (d) The effective date of coverage under the Act may be made retroactive to such date as the Board of Supervisors may determine. Contrib

s provided in the foregoing paragraphs, notwithstanding any provisions in the Charter to the contrary. (c) Every employee covered by the agreement providing coverage under the Act shall be liable for the employee contributions required by the Act. (d) The effective date of coverage under the Act may be made retroactive to such date as the Board of Supervisors may determine. Contributions required under the Act of each member for time included by the retroactive application shall be paid from such member's accumulated contributions held by the system on account of his compensation not in excess of the maximum compensation

taxable under this Act for such retroactive time. If the required contributions under the Act exceed the member's accumulated contributions held by the system so determined, the additional contributions under the Act equal to the excess shall be paid by the member. Contributions required under the Act of the employer on account of such retroactive period shall be paid from funds held by the system on account of active members and derived from contributions of the City and County. (e) Any member who is covered by Section 210(1) of the Act on the effective date of the agreement between the state and federal government to extend coverage to the members of the system under the Act shall not be subject to this section unless he elect to be covered in accordance with this section, such election to be on a form furnished by the system and to be filed in the office of the system not later than 180 days after the effective date of such agreement. Such election shall be irrevocable. Such election shall fix the status of the member under such coverage as the same in all respects as if he had not been covered under Section 210(1), except that there shall be no adjustment of the member's accumulated contributions or of the funds held by the system, and derived from contributions of the City and County, on account of social security tax for such retroactive period. Each member who enters the employ of the municipal railway after the effective date of the agreement between the state and federal government to extend coverage to other members of the system under the Act, shall be covered under the Act in accordance with the terms of this section and the ordinance or ordinances enacted pursuant thereto. (f) Provision shall be made for modification of the member's retirement allowances at his option, if he retires before he attains the minimum age of qualification for his primary benefit under the Act, in such manner that will make his increased monthly retirement allowance under the system prior to attainment of such age equal to the sum of his decreased monthly allowance after attainment of such age, and his primary benefit under the Act, upon the basis of an estimated primary benefit under the Act, subject to the requirement that the amounts of the increase and decrease in the monthly allowance shall be actuarially equivalent, and that the increase shall not be modified under an option provided by ordinance. (g) Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural and the plural the singular. (h) The contribution rates of the City and County applicable to various membership under Section 8.509 shall be adjusted to rates determined by the actuary according to methods stated in Section 8.509. (i) The Board of Supervisors shall submit to the eligible employees for purposes of referendum, as defined in the Act, the question as to whether they desire coverage under the Act in accordance with conditions prescribed in this section. (j) The powers of the Board of Supervisors granted in Section 8.500 shall include the authority to make such adjustments in the Retirement System, by a vote of three-fourths of its members, as are not made by this section, but as required because of changes in the Act, to carry out the purposes of this section. A8.515 COMPENSATION INSURANCE PAYMENTS The benefit provisions of the workmen's compensation laws included in the Labor Code of the State of California, as they effect the benefits provided for or payable to or on account of officers and employees, including teachers of the City and County, shall be administered exclusively by the retirement board, provided that the retirement board shall determine whether the City and County, through the Retirement System, shall assume the risks under the said law, in whole or in part, or whether it shall reinsure such risks, in whole or in part, with the state compensation insurance fund. Benefits under such risks as may be assumed by the City and County, and premiums under such risks as may be reinsured shall be paid by the Retirement System, and an amount equal to the total of such benefits and premiums, as determined by the actuary for any fiscal year, including the deficit brought forward from previous years, shall be paid during such fiscal year to the Retirement System by the City and County. Every patrol special police officer, as referred to in Section 8.509 of this Charter shall be entitled, under this section, to the benefits of such compensation law, if injured while performing regular City and County police duties, which shall include only duties performed while preventing the commission of a crime, or while apprehending the person or persons committing such crime, and shall not include duties of any character performed for private employers either on or off the premises of such employers, provided that no payments shall be made under this paragraph in the event that the patrol special officer shall receive the benefits of such compensation law from any other source. Whenever any member of the fire or police department, as defined in Sections 8.545, 8.565, and 8.569, respectively, is incapacitated for the performance of his duties by reason of any bodily injury received in or illness caused by the performance of his duty as determined by the retirement board, he shall become entitled, regardless of his period of service with the City and County, to disability benefits equal to and in lieu of his salary as fixed by the Charter, while so disabled, for a period or periods not exceeding 12 months in the aggregate, with respect to any one injury or illness. Said disability benefits shall be reduced in the manner fixed by the Board of Supervisors by the amount of any benefits other than medical benefits payable to such person under the Labor Code concurrently with said disability benefit, and because of the injury or

harter, while so disabled, for a period or periods not exceeding 12 months in the aggregate, with respect to any one injury or illness. Said disability benefits shall be reduced in the manner fixed by the Board of Supervisors by the amount of any benefits other than medical benefits payable to such person under the Labor Code concurrently with said disability benefit, and because of the injury or illness resulting in said disability. Such disability benefits as are paid in the absence of payments of any benefits other than medical benefits under the workmen's compensation laws included in said Labor Code, shall be considered as in lieu of such benefits, payable to such person under the said code concurrently with said disability benefits, and shall be in satisfaction and discharge of the obligations of the City and County to pay such benefits under the Labor Code. Medical treatment which may become necessary to relieve or cure said member from the effects of the injury or illness shall be furnished by the City and County, in the same manner that such treatment is furnished under said Labor Code, but without first requiring continuing awards of such

treatment by the Industrial Accident Commission of the State of California, relating to impairments of permanent or of extended and uncertain duration. The provisions of this paragraph shall be administered exclusively by the retirement board, and the City and County and unified school district and community college district shall pay to the Retirement System during each fiscal year, an amount equal to the total disability benefits paid by said system during the fiscal year and, pursuant to applicable provisions of the Administrative Code of the City and County, the unified school district and community college district shall pay to the Retirement System during each fiscal year, a proportionate share of the costs of administering workers compensation benefits on behalf of employees of said school and college districts. A member of the fire or police department shall receive credits as service, under the Retirement System, for time during which he is incapacitated for performance of duty and receives said disability benefit. Contributions for the Retirement System shall be deducted from said benefits in the same manner as they would be deducted from salary paid to him, and the City and County shall contribute, in addition to its other contributions provided herein, to the Retirement System on the basis of said benefits in the same manner as it would contribute on salary paid to said member. A8.516 DISABILITY BENEFITS Whenever any member of the police or fire department, as defined in Sections 8.586-1 and 8.588-1, respectively, is incapacitated for the performance of his duties by reason of any bodily injury received in, or illness caused by, the performance of his duty, as determined by the retirement board, he shall become entitled with respect to any one injury or illness, regardless of his period of service with the City and County, to disability benefits equal to and in lieu of his salary, while so disabled, for a period or periods not exceeding 12 months in the aggregate, or until such earlier date as he is retired, whether for service or disability. Said disability benefit shall be reduced in the manner fixed by the Board of Supervisors by the amount of any benefits other than medical benefits payable to such person under the Labor Code concurrently with said disability benefit, and because of the injury or illness resulting in said disability. Such disability benefits as are paid in the absence of payments of any benefits other than medical benefits under the workers' compensation laws included in said Labor Code, shall be considered as in lieu of such benefits payable to such person under the said code concurrently with said disability benefits, and shall be in satisfaction and discharge of the obligations of the City and County to pay such benefits under the Labor Code. The provisions of this section shall be administered exclusively by the retirement board, and the City and County shall pay to the Retirement System during each fiscal year an amount equal to the total disability benefits paid by said system during that year. A member of the police or fire department shall receive credit as service, under the Retirement System, for time during which he is incapacitated for performance of duty and receives said disability benefit; provided, however, that contributions for the Retirement System shall be deducted from payments of such disability benefits paid to him. The City and County shall contribute, in addition to its other contributions provided herein, to the Retirement System on the basis of said benefits in the same manner as it would contribute on salary paid to said member. A8.517 ELIMINATION OF MANDATORY RETIREMENT 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. A8.518 HEARING OFFICER Notwithstanding the provisions of Section 3.671, Subsection (c) of Section 8.509, Sections 8.515, 8.516, 8.547, 8.548, 8.559-3, 8.559- 4, 8.571, 8.572, 8.584-3, 8.585-3, 8.585-4, 8.586-3, 8.586-4, 8.588-3 or 8.588-4, any application for disability leave, disability retirement, or death allowance made pursuant to said subsection of said sections of this Charter shall be heard by a qualified and

unbiased hearing officer employed under contract by the retirement board and selected by procedures set forth in the rules of the retirement board. The retirement board shall have the power to establish rules setting forth the qualifications and selection procedure necessary to appoint a qualified and unbiased hearing officer. Following public hearing, the hearing officer shall determine whether such application shall be granted or denied. All expenses relating to processing and adjudicating the above applications, including but not limited to the cost of hearing officer, legal, investigative, and court reporter services, shall be paid from the compensation fund. At any time within 30 days after the service of the hearing officer's decision, the applicant or any other affected party, including the Retirement System, may petition the hearing officer for a rehearing upon one or more of the following grounds and no other: a. That the hearing officer acted without or in excess of his powers. b. That the decision was procured by fraud. c. That the evidence does not justify the decision. d. That the petitioner has discovered new evidence material to him, which he could not, with reasonable diligence, have discovered and produced at the hearing. Upon the expiration of 30 days after the petition for rehearing is denied, or if the petition is granted, upon the expiration of 30 days after the rendition of the decision or hearing, the decision of the hearing officer shall be final. Such final decision shall not be subject to amendment, modification or rescission by the retirement board, but shall be subject to review by the retirement board only for the purpose of determining whether to seek judicial review, and such final decision shall be deemed for all purposes to be the decision of the retirement board. The provisions of this section shall become operative on October 1, 1980. A8.519 RETIREMENT SYSTEM CREDIT FOR REPRESENTATIVE SERVICE Notwithstanding any other provision of this Charter, any member of the Retirement System who is on leave of absence and serving on a full time basis as an employee representative for a recognized employee organization and representing City and County employees, shall have the right to make contributions and obtain service credit with the Retirement System subject to the terms of this section. For purposes of this section, compensation shall mean the remuneration paid in cash, as it may change from time to time, attached to the rank or position held by the member while on leave. For members whose pay hours are established by the choice of assignment, shift, or run based on seniority, compensations shall mean an amount computed by applying the current wage rate for such members as it may change from time to time, to the hours in the assignment, shift, or run held by the member immediately prior to the commencement of his or her leave. There shall be no cost to the City and County for representative service. The member shall be responsible for transmittal of all contributions which would ordinarily be paid by the member and the City and County. No service credit will be allowed unless and until all contributions are received by the Retirement System. The organization may agree to pay the employer contributions which would ordinarily be paid by the City and County. The member shall pay the member contributions. If the organization does not pay the employer contributions the member must pay those contributions in order to obtain representative service credit. A member may receive credit for representative service prior to January 1, 1988, pursuant to the preceding paragraph, when agreed by the member and the organization. The retirement board shall have the authority to establish procedures to calculate compensation and collect contributions plus interest for representative service. The calculation of compensation herein shall also be used in determining the average final compensation in computing the member's retirement allowance. This section shall be effective January 1, 1988. This section shall not apply to Retirement System members or their successors in interest who retired or terminated prior to January 1, 1988. This section shall not apply to representative service prior to a member's effective date of membership with the Retirement System. At the request of any City employee, who is a member of the State of California Public Employees' Retirement System and who takes a leave of absence to serve on a full time basis as an employee representative for a recognized employee organization representing City and County employees, the City shall, subject to the statutes and regulations of the Public Employees' Retirement System, submit to the Board of Administration of the Public Employees' Retirement System proposed amendments to the contract between the City and County and that Retirement System to allow such person to make contributions and obtain service credit during the leave of absence. The duty to submit proposed contract amendments shall be limited to amendments which shall not provide for or allow any cost to the City and County.

A8.520 CONTINUOUS SERVICE (a) Continuous service shall be defined by the Board of Supervisors, but the absence prior to September 14, 1940, of any officer or employee of the City and County from service caused by reason of the service of such officer or employee in the military or naval forces of the United States in any war in which the United States has engaged, shall not be deemed to be absence from service for the purposes of the Retirement System and such officer or employee shall receive credit under the Retirement System, for the period of such absence, in the same manner as if he had not been absent. On and after September 14, 1940, a member is absent on military service when he is absent from City service by reason of: (1) service with the armed forces of the United States or the State of California; (2) service on ships operated by or for the United States government when such service is granted as "military leave" pursuant to section 3.670 and 3.671 of the Charter; (3) service connected with the war effort for which leaves of absence shall be authorized pursuant to Sections 3.670 and 3.671 of the Charter; or (4) any other service, under an order of the government of the United States or the State of California, or by lawful order of any of the departments or offices of said governments, provided that such absence in any of such services occurs: (A) either during a war involving the United States as a belligerent or in time of national emergency, declared by the President of the United States or by the Congress, and for such time thereafter as may be provided by rule of the civil service commission, but not to exceed two years after the proclamation of peace, except in case of disability incurred in line of duty with said armed forces or said ships when such disability extends beyond such period; or (B) in time of peace if he is drafted for such services by the United States government or volunteers for such service while subject to such draft. For the purpose of this section a war involving the United States as a belligerent exists: (1) whenever Congress has declared any war which has not been terminated by a truce, treaty of peace, or otherwise; (2) whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared; or (3) whenever the United States is assisting the United Nations, in actions involving the use of armed force, to maintain or restore international peace and security. (b) Any member so absent on military service may contribute to the Retirement System during such absence, at times and in the manner prescribed by the board, amounts equal to the contributions which would have been made by him to the system on the basis of his compensation earnable at the commencement of his absence, if he had remained in City service. Any member who makes the contributions as provided in the preceding paragraph shall receive credit for the absence as service in the manner as if he had not been absent. If, however, a member does not affirmatively exercise the option herein provided, or if he exercised it affirmatively and defaults in any of the contributions due to the Retirement System under said election, and in either event if such contributions are not made for him, he shall be considered absent during the period for which no contributions are made, and he shall not receive credit as service for the City and County for such period; but the absence during such period shall not break the continuity of such service required of such member to entitle him to a retirement allowance, as provided under the Retirement System. Any member who was absent on military service and who did not make the contributions as provided in this section, and whose contributions are not paid for him by the City and County as provided herein, may make such contributions upon his return to City service at times and in the manner prescribed by the board. If he does so contribute, he shall receive credit for the absence as service in the same manner as if he had not been absent. When a member makes the contributions as provided herein, the same contributions shall be made by the City and County, in respect to such absence, that would have been made if the member had not been absent on military service, except that such contributions shall be determined by the employer's rate of contribution in effect when such contributions are made, and on the basis of his compensation earnable at the commencement of his absence. (c) Notwithstanding other provisions of this Charter to the contrary, the City and County shall contribute for each member of this system who was absent on military service after September 14, 1940, amounts equal to the contribution which would have been made by such member and the City and County of San Francisco on the basis of his compensation earnable at the commencement of his absence, provided that the member's base pay in such military service is less than $100 per month, and provided, further: (1) that if the absence in military service was by reason of service in the armed forces of the United States; (2) that the absence began on or after June 25, 1950; and (3) that the member's base pay in such service was less than $250 per month, the City and County shall pay the contributions which would have been made by both the member and the City and County on the basis of his compensation earnable at the commencement of his absence. Contributions made by the City and County, in lieu of contributions which otherwise would be required of the member, shall be administered as if made by said member as normal contributions. Any such member who exercises or did exercise the right to

contribute to the system during the period of absence on military service, and whose contributions otherwise would be paid by the City and County under this section, shall have his contributions plus credited interest, refunded. (d) Absence commencing on or after December 7, 1941, of any member of the Retirement System from City service caused by reason of his evacuation or exclusion from the City and County by an authorized military commander because such member was of Japanese ancestry shall not be deemed to be absent from service for purposes of the Retirement System, for the period of such absence, provided that he returned to City service within one year after the termination of his evacuation or exclusion, and provided further that upon his return to City service, and at times and in the manner prescribed by the retirement board, he elects to contribute to the Retirement System amounts equal to the contributions which would have been made by him to the system on the basis of his compensation earnable at the commencement of his absence, if he had remained in City service. Any member who makes the contributions as provided in the preceding paragraph shall receive credit under the Retirement System for the absence as service in the same manner as if he had not been absent. If, however, a member does not affirmatively elect to make such contributions as herein provided, or if he affirmatively elects to make such contributions and defaults in any of the contributions due to the Retirement System as herein provided, he shall be considered absent during the period for which no contributions are made, and he shall not receive credit in the Retirement System as service for the City and County for such period; but the absence during such period shall not break the continuity of such service required of such member to entitle him to a retirement allowance as provided under the Retirement System. When a member makes the contributions as provided herein, the same contributions shall be made by the City and County in respect to such absence that would have been made by the City and County if the member had not been absent because of such evacuation or exclusion, except that such contributions shall be determined by the employer's rate of contribution in effect when such contributions are made, and on the basis of his compensation earnable at the commencement of his absence. (e) Notwithstanding any other provision of this Charter, any member who entered military service from a position with the Market Street Railway Company, was absent on such military service on September 29, 1944, and thereafter commenced employment with the Municipal Railway of the City and County of San Francisco within one year after his discharge from such military service, shall have the right to elect to make contributions as provided in this section and to receive credit in this system as City service for all or any part of the time on and after September 29, 1944, during which he was in such military service. Any member who elects, pursuant to this section, to make contributions and to receive credit for such time, shall contribute to the Retirement System an amount determined by applying the rate of contribution first applicable to him on the effective date of his membership in the Retirement System to the monthly compensation earnable by him on said date, together with interest on said amount at the rate of interest being used from time to time under the Retirement System. The Board of Supervisors shall provide by ordinance the time and manner for making said contributions and for the crediting of such service as City service. A8.521 CREDIT FOR CERTAIN MILITARY SERVICE Notwithstanding any other provisions of this Charter, any member who was serving in the Armed Forces of the United States or the State of California during the time of war or any emergency lawfully declared by the President of the United States, who had standing on an eligible list for appointment to a permanent position and was reached for certification to a permanent position while so serving, shall have the right to elect to make contributions as provided in this section and to receive credit in this system as City service for all or any part of the time after he was so reached during which he was so serving; provided, however, that no member shall have such right unless he entered into employment with the City and County as a result of such certification made in accordance with the provisions of Section 8.361 of the Charter within one year after his discharge from such armed forces. Any member who elects, pursuant to this section, to make contributions and receive credit for such time, shall contribute to the Retirement System an amount determined by applying the rate of contribution first applicable to him on the effective date of his membership in the Retirement System to the monthly compensation earnable by him on said date, together with interest on said amount at the rates of interest being used from time to time under the Retirement System. The Board of Supervisors shall provide by ordinance the time and manner for making said contributions and for the crediting of such service as service credit. A8.522 EARLY RETIREMENT BENEFITS A8.522-1 EARLY RETIREMENT BENEFITS 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) A8.522-2 RECALCULATION/EFFECTIVE DATE OF RETIREMENT 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) A8.522-3 RETURN TO SERVICE 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) A8.522-5 COMPLIANCE WITH TAX LAWS 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) A8.523 RETIREMENT SYSTEM CREDIT FOR UNPAID 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) A8.523-1 DEFINITIONS 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) A8.523-2 ELIGIBILITY 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) A8.523-3 ELECTION TO PURCHASE SERVICE CREDIT FOR UNPAID PARENTAL LEAVE 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) A8.523-4 COST NEUTRALITY 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) A8.523-5 CREDIT IN RETIREMENT SYSTEM FOR UNPAID PARENTAL LEAVE 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) A8.523-6 NON-VESTED BENEFIT 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) A8.523-7 APPLICABILITY 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) A8.524 RETIREMENT SYSTEM CREDIT FOR PER DIEM NURSE SERVICE (a) Notwithstanding any other provision of this Charter, any member of the Retirement System under Sections A8.509, A8.587,

A8.600, A8.603, or any subsequently approved miscellaneous plan, who is employed in a registered nurse classification that qualifies them for membership in the Retirement System may purchase up to three years aggregated retirement service credit for time worked in a P103 per diem appointment prior to becoming a member of the Retirement System, subject to the terms of this Section A8.524. (b) A member shall be eligible to purchase retirement service credit as set forth in subsection (a), only if: (1) the member is a registered nurse; (2) the member has worked an average of not less than 32 regularly-scheduled hours per week for at least one calendar year in a registered nurse classification that qualifies them for membership in the Retirement System prior to electing to purchase service credit; and (3) during the time in which the member worked in a P103 per diem appointment for which they seek to purchase credit, the member did not concurrently work in a nurse job classification that is within the Retirement System. (c) Nothing in this Section A8.524 shall permit any time worked as a P103 per diem nurse to be used to establish membership in the Retirement System. (d) The employing department shall certify to the Retirement System that a member is eligible to purchase retirement service credit pursuant to eligibility criteria set forth in this Charter Section A8.524. A member electing to purchase service credit with the Retirement System for a period of qualifying per diem appointment must so elect in writing on a form provided by the Retirement System. This election must be made and payment received before the effective date of retirement. (e) The cost to purchase this prior service credit shall be based on the contribution rate percentage in effect at the time the service was rendered. Service credit will be allowed only for such contributions plus interest received by the Retirement System from the member prior to the effective date of retirement. A member cannot receive more than 80 hours of service credit in a pay period and cannot receive more than one year of service credit in a fiscal year, as a result of such prior service credit purchase. (f) This Section A8.524 creates no vested right to the benefits received pursuant to this Section. The voters expressly reserve the right to alter, reduce, or repeal such benefits for any or no reason. (g) This Section A8.524 shall not apply to Retirement System members who retired, died, or separated prior to the effective date of this Section, or to their successors in interest. (Added by Proposition I, Approved 11/5/2024) A8.525 CONTRIBUTIONS TO RETIREMENT FUND 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. A8.526 COST OF LIVING ADJUSTMENT IN ALLOWANCES (a) Each retirement or death allowance which is not subject to change when the salary rate of any member is changed and which is payable to or on account of any member who has retired or died prior to July 1, 1967, except such allowances payable to or on account of persons who retired or died prior to July 1, 1947, as members under Section 8.507, but including death allowances payable under Section 8.561 which are not subject to change when the salary rate of any member is changed, shall be increased for time on and after July 1, 1968, by the percentage set forth in the following table opposite the fiscal year in which said allowance became effective, said percentage to be applied to the allowance payable to the individual who was receiving the allowance on July 1, 1968, (a) exclusive of the annuity provided by additional contributions and (b) prior to reduction pursuant to Subsection (a) of Section 8.514: Fiscal year in which allowance became effective Percentage Fiscal year in which allowance became effective Percentage All years prior to July 1, 1959 16% July 1, 1959 to June 30, 1960 14% July 1, 1960 to June 30, 1961 12% July 1, 1961 to June 30, 1962 10%

July 1, 1962 to June 30, 1963 8% July 1, 1963 to June 30, 1964 6% July 1, 1964 to June 30, 1965 4% July 1, 1965 to June 30, 1966 2% July 1, 1966 to June 30, 1967 1%

(1) Funds, necessary for the payment of such increases in allowances payable to, or on account of, members who retired or died as members under Charter Sections 8.507 or 8.509, shall be provided from the City's accumulated contributions held by the system on account of miscellaneous members under Section 8.509. (2) Funds, necessary for the payment of such increases in allowances to, or on account of, members who retired or died as members under Charter Sections 8.543 or 8.544, shall be provided from the City's accumulated contributions held by the system on account of police members under Section 8.544. (3) Funds, necessary for the payment of such increases in allowances to, or on account of, members who retired or died as members under Charter Sections 8.567 or 8.568, shall be provided from the City's accumulated contributions held by the system on account of fire members under Section 8.568. The necessary funds shall be transferred on the effective date of this section from said accumulated contributions to the accumulated contributions held by the system to meet the obligations of the City and County on account of benefits that have been granted and which are based on services rendered as members. The contribution being required of the City and County currently, as percentages of salaries of persons who are members under Sections 8.509, 8.544 and 8.568, shall be increased to percentages determined by the actuary as necessary to replace the accumulated contributions so transferred. (b) (1) The retirement board shall determine, prior to April 1 of each year, the percentage of increase or decrease in the cost of living during the preceding calendar year or years, as shown by the then current Consumer Price Index, All Items, San Francisco (1957- 59=100), issued by the U.S. Bureau of Labor Statistics and published in the Monthly Labor Review or a successor publication. The cost of living adjustments as hereinafter provided shall be based on the percentage of such increase or decrease. (2) Notwithstanding any other Charter or ordinance provision governing the Retirement System, every retirement or death allowance payable to, or on account of, any member who retires or dies as a member of the system or who has retired or died as such a member, except allowances subject to change when the salary rate of any member is changed, shall be increased or decreased as of July 1, 1969, and on July 1, of each succeeding year, subject to the provisions of this Subsection (b), by a percentage of the allowance established on July 1, 1968, after any increase under Subsection (a) of this section or on the effective date of such allowance, whichever is later, as payable to the individual who is receiving the allowance on the date of any such adjustment (a) exclusive of the annuity provided by additional contributions, and prior to modification pursuant to Subsection (f) of Section 8.514. On July 1, 1969, the percentage of increase in each such allowance shall be the percentage which is determined by the retirement board to approximate to the nearest one percent, the percentage of increase in the cost of living during the preceding calendar year. On July 1, 1970, and on July 1 of each succeeding year, the percentage of increase or decrease in each such allowance shall be the percentage which is determined by the retirement board to approximate to the nearest one percent of increase or decrease in the cost of living in the calendar year or years since January 1, 1969, or since January 1 of the year in which the last such cost of living adjustment in allowances was made, whichever is later. Such adjustment in any year shall not exceed two percent of such allowance; provided, however, that no allowance shall be reduced below the amount being received by the member or his beneficiary on July 1, 1968, or on the effective date he began to receive the allowance, whichever is later. (3) Commencing with the calendar year 1982, if the percentage of increase or decrease in the cost of living in any calendar year, as determined to the nearest one percent by the retirement board, were to exceed two percent as compared with the cost of living in the next preceding calendar year, the percentage of increase or decrease in the cost of living in excess of two percent, shall be accumulated to provide increases or decreases in the cost of living in each succeeding calendar year. (4) Any such increase in allowances which are not funded by such allocations of such earnings, shall be funded by contributions of members under Sections 8.507, 8.509, 8.544, 8.568, 8.584, 8.586 and 8.588, and by contributions of the City, which shall be at rates which are in addition to the rates of contribution otherwise provided by Charter or ordinance, provided that a member's rate of contribution shall not exceed one-half of one percent of his monthly compensation. The contributions made under this section by any member, shall be credited together with regular interest thereon to his individual account and shall be subject to the same Charter and ordinance provisions relating to accumulated contributions of the member, including withdrawal and death benefits other than death allowances, provided, however, that upon his retirement or death, such accumulated contributions and interest shall not be applied to provide a part of the retirement benefits payable to him or the death allowance benefits payable on account of his death otherwise provided by Charter or ordinance, but instead shall be held, together with the accumulated contributions made by the City pursuant to this Subsection (b), with interest thereon, to provide the benefits under this Subsection (b). (5) The rates of contribution of members and the City, as provided herein, shall be fixed by the retirement board from time to time as it determines necessary. A8.526-1 SUPPLEMENTAL COST OF LIVING BENEFIT Starting on July 1, 1

her with the accumulated contributions made by the City pursuant to this Subsection (b), with interest thereon, to provide the benefits under this Subsection (b). (5) The rates of contribution of members and the City, as provided herein, shall be fixed by the retirement board from time to time as it determines necessary. A8.526-1 SUPPLEMENTAL COST OF LIVING BENEFIT Starting on July 1, 1997, the Retirement Board shall establish in the Retirement Fund a Reserve Account. Funds in this Reserve Account shall be used to provide supplemental cost of living benefit adjustments to retirement allowances in addition to cost of living adjustments now provided for in the Charter. Funds placed in this Reserve Account shall consist of all earnings of the Retirement Fund in

the previous fiscal year which are in excess of the expected earnings on the actuarial value of the assets. The expected earnings are the earnings projected by the actuarial assumption for return on assets that was in place for that fiscal year. The maximum amount of funds to be placed in this Reserve Account shall not exceed the amount of funds projected to be necessary to fund benefits provided pursuant to this section for that fiscal year and the following two fiscal years. The funds in this Reserve Account shall be used solely to provide supplemental cost of living benefit adjustments as follows: (a) On July 1, 1997 and July 1 of each succeeding year, if there are sufficient funds in this Reserve Account, each retirement allowance or death allowance payable on account of a member who died, including retirement allowances subject to change when the salary rate of a member is changed, shall be increased by an amount equal to three percent (3%) of the allowance, less the amount of any cost of living adjustment provided pursuant to Section 8.526 and less the amount of any cost of living adjustment, payable in that fiscal year, which is the result of a change in the salary of the member. (b) On July 1, 1997, if there are sufficient funds in this Reserve Account, each retirement allowance payable to or account of a member who was retired on or before December 31, 1979 as a member under Sections 8.507 or 8.509 or 8.584 shall be increased by a monthly amount equal to $3 for each complete year of retirement. In computing years of retirement, the Retirement System shall count completed fiscal years between the member's effective date of retirement and June 30, 1997. (c) On and after June 30, 2003, any supplemental cost of living benefit adjustment, once paid to a member, shall not be reduced thereafter. (d) On and after June 30, 2003, the Reserve Account set forth in this section shall be used to finance only the increase in the supplemental cost of living benefit adjustments for the next ensuing fiscal year as set forth in section (a). If there are insufficient funds in the Reserve Account to pay the increase in the supplemental cost of living benefit adjustments for the next ensuing fiscal year, then the increase in the supplemental cost of living benefit adjustments for that fiscal year shall not be paid. However, any excess earnings as defined in this section shall be accumulated until an amount sufficient to make one fiscal year's increase in the supplemental cost of living benefit adjustments is reached. (Added November 1996; amended March 2002) A8.526-2 COST OF LIVING ADJUSTMENT IN ALLOWANCES ON AND AFTER JANUARY 10, 2009 (a) Notwithstanding the provisions of Section A8.526 or any other provision of the Charter to the contrary, effective January 10, 2009, each retirement allowance payable which is not subject to change when the salary rate of any member is changed shall be adjusted according to the provisions of this Section A8.526-2 and not Section A8.526. (b) (1) Funds necessary for the payment of any increase in allowances pursuant to this Section A8.526-2 that are payable to, or on account of, members who retired or died, shall be provided from the City's accumulated contributions held by the system on account of such members. The City's contributions shall be determined on the basis of a normal contribution rate which shall be computed as a level percentage of compensation which, when applied to the future compensation of the average new member entering the system, together with the required member contribution, will be sufficient to provide for the payment of all prospective benefits of such member. (b) (2) Any increase in allowances payable which are not funded by the City's accumulated contributions held by the system shall be funded by contributions of members entitled to said allowances, which shall be at rates which are in addition to the rates of contribution otherwise provided by Charter or ordinance, provided that a member's rate of contribution shall not exceed one-half of one percent of his or her monthly compensation. The contributions made under this section by any member shall be credited together with regular interest thereon to his or her individual account and shall be subject to the same Charter and ordinance provisions relating to accumulated contributions of the member, including withdrawal and death benefits other than death allowances, provided, however, that upon his or her retirement or death, such accumulated contributions and interest shall not be applied to provide a part of the retirement benefits payable to him or her on the death allowance benefits payable on account of his or her death otherwise provided by Charter or ordinance, but instead shall be held, together with the accumulated contributions made by the City pursuant to this Subsection (b)(3), with interest thereon, to provide the benefits under this Section A8.526-2. (b) (3) The rates of contribution of members and the City, as provided herein, shall be fixed by the retirement board from time to time as it determines necessary. (c) (1) The retirement board shall determine, prior to April 1 of each year, the percentage of increase or decrease in the cost of living during the preceding calendar year, as shown by the then current Consumer Price Index. All Items, San Francisco (1957-59=100), issued by the U.S. Bureau of Labor Statistics and published in the Monthly Labor Review or a successor publication. The cost of living adjustments as hereinafter provided shall be based on the percentage of such increase or decrease. (c) (2) Notwithstanding any other Charter or ordinance provision governing the Retirement System, effective January 10, 2009, every retirement or death allowance payable to, or on account of any member who retires or dies as a member of the system or who has retired or died as such a member, except allowances subject

er provided shall be based on the percentage of such increase or decrease. (c) (2) Notwithstanding any other Charter or ordinance provision governing the Retirement System, effective January 10, 2009, every retirement or death allowance payable to, or on account of any member who retires or dies as a member of the system or who has retired or died as such a member, except allowances subject to change when the salary rate of any member is changed, shall be increased or decreased as of July 1, 2009, and on July 1, of each succeeding year by an amount equal to the percentage, as determined in Subsection (c)(1) multiplied by the monthly allowance payable on June 30 of that calendar year. (c) (3) The percentage of increase or decrease in each such allowance shall be the percentage which is determined by the retirement board to approximate to the nearest one percent increase or decrease in the cost of living during the preceding calendar year. (c) (4) No such adjustment in any year shall exceed two percent of said allowance: provided, however, that no allowance shall be reduced below the amount being received by the member or the member's beneficiary on July 1, 1968, or on the effective date the member began to receive the allowance, whichever is later.

(d) (1) Commencing with the effective date of this Section A8.526-2, if the percentage of increase or decrease in the cost of living in any calendar year, as determined to the nearest one percent by the retirement board, were to exceed two percent as compared with the cost of living in the next preceding calendar year, the percentage of increase or decrease in the cost of living in excess of two percent, shall be accumulated to provide increases or decreases in the cost of living in each succeeding calendar year. (Added by Proposition B, 6/3/2008) A8.526-3 SUPPLEMENTAL COST OF LIVING BENEFIT ON AND AFTER JANUARY 10, 2009 (a) Notwithstanding the provisions of Section A8.526-1 or any other provision of this Charter to the contrary, effective January 10, 2009, all supplemental cost of living benefits adjustments payable, including retirement allowances subject to change when the salary rate of a member is changed, shall be determined pursuant to the provisions of this Section A8.526-3 and not Section A8.526-1. (b) (1) On July 1, 2009 and July 1 of each succeeding year, the retirement board shall determine whether, in the previous fiscal year, there were earnings in excess of the expected earnings on the actuarial value of the assets. In those years when the previous year's earnings exceeded the expected earnings on the actuarial value of the assets, then on July 1 each retirement allowance or death allowance payable on account of a member who died, including retirement allowances subject to change when the salary rate of a member is changed, shall be increased by an amount equal to three and one-half percent (3.5%) of the allowance as of June 30, less the amount of any cost of living adjustment provided pursuant to Section A8.526-2 and less the amount of any cost of living adjustment, payable in that fiscal year, which is the result of a change in the salary of the member. (b) (2) If on July 1, 2009 and July 1 of each succeeding year, the previous fiscal year’s earnings exceeded the expected earnings on the actuarial value of the assets, but they were insufficient to increase said allowances by three and one-half percent (3.5%) as provided in Subsection (b)(1), then to the extent of excess earning, said allowances shall be increased in increments of one-half percent (0.5%) up to the maximum three and one-half percent (3.5%) of the allowance as of June 30, less the amount of any cost of living adjustment provided pursuant to Section A8.526-2 and less the amount of any cost of living adjustment, payable in that fiscal year, which is the result of a change in the salary of the member. (c) When the previous fiscal year's earnings exceeded the expected earnings on the actuarial value of the assets but were not sufficient to fund any supplemental cost of living benefit adjustment pursuant to either Subsection (b)(1) or (b)(2), the Retirement Board shall reserve the excess earnings for that year. Said reserved earnings shall accumulate only until such time that said reserved earnings, plus the next year's earnings in excess of the expected earnings on the actuarial value of the assets, are sufficient to fund one fiscal year's increase in the supplemental cost of living benefit adjustment, at which time the earnings in reserve shall be withdrawn and used to fund a supplemental cost of living benefit adjustment as provided in either Subsection (b)(1) or (b)(2). (d) Beginning on July 1, 2012 and July 1 of each succeeding year, no supplemental cost of living benefit adjustment shall be payable unless the Retirement System was also fully funded based on the market value of the assets for the previous year. Except as qualified in subsection (g), this subsection (d) shall apply only to employees and retirees hired on or after January 7, 2012. (e) Any supplemental cost of living benefit adjustment, once paid to a member, shall not be reduced thereafter. (f) Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.526-3 or with any part thereof shall be superseded by the contents of Section A8.526-3. Section A8.526-3 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 A8.526-3 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 A8.526-3. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.526-3 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.526-3 which can be given effect. Section A8.526-3 shall be broadly construed to achieve its stated purposes. (g) Effective January 1, 2023, subsection (d) shall not apply to any members who retired before November 6, 1996, or their qualified survivors and beneficiaries. But in any year that the Retirement System is not fully funded based on the market value of the assets for the previous year, the supplemental cost of living adjustment for these retirees, their qualified survivors, and beneficiaries shall be limited to $200 per month if their monthly gross pension allowance exceeds $4,167. The Retirement System shall adjust the base retirement allowance of members who retired before November 6, 1996, or their qualified survivors and beneficiaries, to account for supplemental cost of living adjustments not received in 2013, 2014, 2017, 2018 and 2019, due to the full funding requirement in subsection (d). This aggregate base allowance adjustment shall not exceed $200 per month for those receiving a monthly gross pension allowance over $4,167. This subsection (g) does not entitle these retirees, their qualified survivors, or

and beneficiaries, to account for supplemental cost of living adjustments not received in 2013, 2014, 2017, 2018 and 2019, due to the full funding requirement in subsection (d). This aggregate base allowance adjustment shall not exceed $200 per month for those receiving a monthly gross pension allowance over $4,167. This subsection (g) does not entitle these retirees, their qualified survivors, or beneficiaries to any retroactive supplemental cost of living adjustment payments. (Added by Proposition B, Approved 6/3/2008; amended by Proposition C, Approved 11/8/2011; Proposition A, Approved 11/8/2022) A8.526-4 SUPPLEMENTAL COST OF LIVING BENEFIT FOR PERSONS HIRED ON AND AFTER JANUARY 7, 2012 (a) Notwithstanding any other provisions of this Charter, for persons who are hired on and after January 7, 2012, all supplemental cost of living benefits adjustments payable, shall be determined under the provisions of Section A8.526-4 and not Sections A8.526-1 or A8.526-3. (b) (1) On July 1, 2012 and July 1 of each succeeding year, the Retirement Board shall determine whether, in the previous fiscal

year, there were earnings in excess of the expected earnings on the actuarial value of the assets. In those years when the previous year's earnings exceeded the expected earnings on the actuarial value of the assets, and the Retirement System was fully funded based on the market value of the assets, then on July 1, each retirement allowance payable or death allowance payable on account of a member who died, shall be increased by an amount equal to three and one-half percent (3.5%) of the allowance as of June 30, less the amount of any cost of living adjustment provided pursuant to Section A8.526-2, provided there were sufficient excess earnings to provide the benefits in this Section A8.526-4. (b) (2) If on July 1, 2012 and July 1 of each succeeding year, the previous fiscal year's earnings exceeded the expected earnings on the actuarial value of the assets, but they were insufficient to increase said allowances by three and one-half percent (3.5%) as provided in Subsection (b)(1), then to the extent of excess earnings, said allowances shall be increased in increments of one-half percent (.5%) up to the maximum three and one-half percent (3.5%) of the allowance as of June 30, less the amount of any cost of living adjustment provided pursuant to Section A8.526-2. (c) The supplemental cost of living benefit adjustment described above will not be paid in any fiscal year when there were insufficient earnings in excess of the expected earnings on the actuarial value of the assets. In that event, retirement allowances will revert to the level they would have been if supplemental cost of living benefit adjustments had never been made. (Added by Proposition C, Approved 11/8/2011) A8.527 COMMUNITY PROPERTY RIGHTS 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. A8.530 RETIREMENT – MISCELLANEOUS OFFICERS AND EMPLOYEES PRIOR TO JULY 1, 1947 Every retirement allowance payable by the San Francisco City and County Employees' Retirement System, for time commencing on January 1, 1950, to or on account of any person who was retired prior to July 1, 1947, as a member of said system under Section 8.507, is hereby increased by the amount of $25 per month, provided such member was entitled to be credited under the Retirement System with at least 20 years of service upon which the retirement allowance was determined at retirement. If the member was entitled to be credited with less than 20 years of such service, then said monthly increase shall be an amount which shall bear the same ratio to $25 that the service with which the member was entitled to be credited at effective date of retirement, bears to 20 years. This section does not give any member retired prior to January 1, 1950 or his successors in interest, any claim against the City and County for any increase in any retirement allowance paid or payable for any time prior to January 1, 1950. If a member elected at retirement to have his retirement allowance modified under Options 2 or 3, provided by ordinance, and if his beneficiary is living on January 1, 1950, the increase in his allowance shall be modified under the option elected at retirement, and on the basis of current ages, mortality tables and interest rate. If the beneficiary of such a person who elected at retirement to have his allowance modified under one of said options, is not living on January 1, 1950, or if the retired member is not living on January 1, 1950, and the beneficiary is receiving the modified retirement allowance, then the allowance shall be increased as provided herein for persons who did not elect an option. The increase in the retirement allowance shall be apportioned between service rendered prior to the entry of the member into the Retirement System and service rendered as a member, in the same proportion that such prior and current service respectively, bears to the total service credited at retirement. Contributions to the Retirement System, necessary for the payment of the increases in the retirement allowances provided in this section, shall be provided, with respect to the portion of the benefit based on service rendered as members, from the reserves held by the Retirement System on account of miscellaneous members, the necessary amount being transferred upon January 1, 1950, from said reserves to the reserves held by the Retirement System to meet the obligations, on account of benefits that have been granted and on account of prior service of members. The contribution being required of the City currently, as percentages of salaries of persons who are members under Section 8.509, shall be increased to percentages determined by the actuary as necessary to replace the reserves so transferred. Contributions to the Retirement System, necessary for the payment of said increases with reference to prior service, shall be paid to the system by the City and County by annual appropriations, provided that such appropriation for any year shall not be less than the amount disbursed during that year on account of said increases. A8.531 INCREASING RETIREMENT ALLOWANCES OF

MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED PRIOR TO JULY 1, 1947 Every retirement allowance payable by the San Francisco City and County Employees' Retirement System, for time commencing on February 1, 1953, to or on account of any person who was retired prior to July 1, 1947, as a member of said system under Section 165 of the Charter of 1932, as amended, is hereby increased by the amount of $25 per month, provided such member was entitled to be credited under the Retirement System with at least 20 years of service upon which the retirement allowance was determined at retirement. If the member was entitled to be credited with less than 20 years of such service, then said monthly increase shall be an amount which shall bear the same ratio to $25 that the service with which the member was entitled to be credited at effective date of retirement, bears to 20 years. This section does not give any member retired prior to February 1, 1953, 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 February 1, 1953. If a member elected at retirement to have his retirement allowance modified under Options 2 or 3, provided by ordinance, and if his beneficiary is living on February 1, 1953, the increase in his allowance shall be modified under the option elected at retirement, and on the basis of current ages, mortality tables and interest rate. If the beneficiary of such a person who elected at retirement to have his allowance modified under one of said options is not living on February 1, 1953, or if the retired member is not living on February 1, 1953, and the beneficiary is receiving the modified retirement allowance, then the allowance shall be increased as provided herein for persons who did not elect an option. The increase in the retirement allowance shall be apportioned between service rendered prior to the entry of the member into the Retirement System and service rendered as a member, in the same proportion that such prior and current service respectively, bears to the total service credited at retirement. Contributions to the Retirement System necessary for the payment of the increase in the retirement allowances provided in this section, shall be provided, with respect to the portion of the benefit based on service rendered as members, from the reserves held by the Retirement System on account of miscellaneous members, the necessary amount being transferred upon February 1, 1953, from said reserves to the reserves held by the Retirement System to meet the obligations on account of benefits that have been granted and on account of prior service of members. The contribution being required of the City currently, as percentages of salaries of persons who are members under Section 8.509, shall be increased to percentages determined by the actuary as necessary to replace the reserves so transferred. Contributions to the Retirement System necessary for the payment of said increases with reference to prior service, shall be paid to the system by the City and County by annual appropriations, provided that such appropriation for any year shall not be less than the amount disbursed during that year on account of said increases. A8.532 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED PRIOR TO JULY 1, 1952 Every retirement allowance payable by the San Francisco City and County Employees' Retirement System, for time commencing on April 1, 1956, to or on account of any person who has retired prior to July 1, 1952, as a member of said system under Section 165 of the Charter of 1932, as amended, is hereby increased by the amount of $25 per month, provided such member was entitled to be credited under the Retirement System with at least 20 years of service upon which the retirement allowance was determined at retirement. If the member was entitled to be credited with less than 20 years of such service, then said monthly increase shall be an amount which shall bear the same ratio to $25 that the service with which the member was entitled to be credited at effective date of retirement, bears to 20 years. This section does not give any member retired prior to April 1, 1956, or his successors in interest, any claim against the City and County for any increase in any retirement allowances paid or payable for time prior to April 1, 1956. If a member elected at retirement to have his retirement allowance modified under Option 2 or 3, provided by ordinance, and if the member and his beneficiary are living on April 1, 1956, the increase in the allowance shall be modified under the option elected at retirement, and on the basis of current ages, mortality tables and interest rate. If the beneficiary of such a person who elected at retirement to have his allowance modified under one of said options is not living on April 1, 1956, or if the retired member is not living on April 1, 1956, and the beneficiary is receiving the modified retirement allowance, then the allowance shall be increased as provided herein for persons who did not elect an option. The increase in the retirement allowance shall be apportioned between service rendered prior to the entry of the member into the Retirement System and service rendered as a member, in the same proportion that such prior and current service respectively, bears to the total service credited at retirement. Contributions to the Retirement System necessary for the payment of the increases in the retirement allowances provided in this section, shall be provided, with respect to the portion of the benefit based on service rendered as members, from the reserves held by the Retirement System on account of miscellaneous members, the necessary amount being transferred upon April 1, 1956, from said reserves to the reserves held by the Retirement System to meet the obligations on account of benefits that have been granted and on account of prior serv

e provided, with respect to the portion of the benefit based on service rendered as members, from the reserves held by the Retirement System on account of miscellaneous members, the necessary amount being transferred upon April 1, 1956, from said reserves to the reserves held by the Retirement System to meet the obligations on account of benefits that have been granted and on account of prior service of members. The contribution being required of the City currently, as percentages of salaries of persons who are members under Section 8.509 shall be increased to percentages determined by the actuary as necessary to replace the reserves so transferred. Contributions to the Retirement System necessary for the payment of said increases with reference to prior service, shall be paid to the system by the City and County by annual appropriations, provided that such appropriation for any year shall not be less than the amount disbursed during that year on account of said increases.

A8.533 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED PRIOR TO JULY 1, 1947 Every retirement allowance payable by the San Francisco City and County Employees' Retirement System, for time commencing on March 1, 1964, to or on account of any person who was retired prior to July 1, 1947, as a member of said system under Section 8.507, formerly Section 165 of the Charter of 1932, as amended, is hereby increased by the amount of $25 per month, provided such member was entitled to be credited under the Retirement System with at least 20 years of service upon which the retirement allowance was determined at retirement. If the member was entitled to be credited with less than 20 years of service, then said monthly increase shall be an amount which shall bear the same ratio to $25, that the service with which the member was entitled to be credited at the effective date of his retirement, bears to 20 years. This section does not give any member retired prior to March 1, 1964, or his successor in interest, any claim against the City and County for any increase in any retirement allowance paid or payable for the time prior to March 1, 1964. If a member elected at retirement to have his retirement allowance modified under Options 2 or 3, provided by ordinance, and if both he and his beneficiary are living on March 1, 1964, the increase in his allowance shall be modified under the option elected at retirement, and on the basis of current ages, mortality tables and interest rates. If the beneficiary of such a person who elected at retirement to have his allowance under one of said options is not living on March 1, 1964, or if the retired member is not living on March 1, 1964, and the beneficiary is receiving the modified retirement allowance, then the allowance shall be increased as provided herein for persons who did not elect an option. The increase in the retirement allowance shall be apportioned between service rendered prior to the entry of the member into the Retirement System, and service rendered as a member, in the same proportion that such prior and current service respectively, bears to the total service credited at retirement. Contributions to the Retirement System necessary for the payment of the increases in the retirement allowances provided in this section, shall be provided, with respect to the portion of the benefit based on service rendered as members, from the reserves held by the Retirement System on account of miscellaneous members, the necessary amount being transferred upon March 1, 1964, from said reserves to the reserves held by the Retirement System to meet the obligations on account of benefits that have been granted and on account of prior service of members. The contribution being required of the City currently, as percentages of salaries of persons who are members under Section 8.509 shall be increased to percentages determined by the actuary as necessary to replace the reserves so transferred. Contributions to the Retirement System necessary for the payment of said increases with references to prior services, shall be paid to the system by the City and County by annual appropriations, provided that such appropriation for any year shall not be less than the amount disbursed during that year on account of said increases. A8.534 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED PRIOR TO JULY 2, 1952 Every retirement allowance payable by the San Francisco City and County Employees' Retirement System, from time commencing on February 1, 1957, to or on account of any person who was retired prior to July 2, 1952, as a member of said system under Section 8.509 formerly Section 165.2 of the Charter of 1932, as amended, and to or on account of any person who was retired prior to July 2, 1952, but not prior to July 1, 1952, as a member of said system under Section 8.507, formerly Section 165 of the Charter of 1932, as amended, is hereby increased by the amount of $25 per month, provided such member was entitled to be credited under the Retirement System with at least 20 years of service upon which the retirement allowance was determined at retirement. If the member was entitled to be credited with less than 20 years of such service, then said monthly increase shall be an amount which shall bear the same ratio to $25 that the service with which the member was entitled to be credited at effective date of retirement, bears to 20 years. This section does not give any member retired prior to February 1, 1957, 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 February 1, 1957. If a member elected at retirement to have his retirement allowance modified under Option 2 or 3, provided by ordinance, and if the member and his beneficiary are living on February 1, 1957, the increase in the allowance shall be modified under the option elected at retirement, and on the basis of current ages, mortality tables and interest rate. If the beneficiary of such a person who elected at retirement to have his allowance modified under one of said options is not living on February 1, 1957, or if the retired member is not living on February 1, 1957, and the beneficiary is receiving the modified retirement allowance, then the allowance shall be increased as provided herein for persons who did not elect an option. The increase in the retirement allowance shall be apportioned between service rendered prior to the entry of the member into the Retirement System and service rendered as a member, in the same proportion that such prior and current service respectively, bears to the

total service credited at retirement. Contributions to the Retirement System necessary for the payment of the increases in the retirement allowances provided in this section, shall be provided, with respect to the portion of the benefit based on service rendered as members, from the reserves held by the Retirement System on account of miscellaneous members, the necessary amount being transferred upon February 1, 1957, from said reserves to the reserves held by the Retirement System to meet the obligations of the City and County on account of benefits that have been granted and on account of prior service of members. The contribution being required of the City and County currently as percentages of salaries of persons who are members under Section 8.509, shall be increased to percentages determined by the actuary as necessary to replace the reserves so transferred. Contributions to the Retirement System necessary for the payment of said increases with references to prior service, shall be paid to the system by the City and County by annual appropriations, provided that such appropriation for any year shall not be less than the amount disbursed during that year on account of said increases. A8.535 INCREASING RETIREMENT ALLOWANCES OF 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). A8.536 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED ON OR AFTER JULY 1, 1947, AND PRIOR TO JULY 1, 1974 (a) Every retirement allowance payable to or on account of a member who retired, for service under the provisions of Subsection (b) of Section 8.509 of this Charter on or after July 1, 1947, and prior to July 1, 1974, after having attained the age of 60 years, is hereby increased for time commencing on July 1, 1974, to the amount it would have been if such allowances had been computed, on the date such retirement allowance was first effective, on the basis of two percent of such member's average final compensation for each year of credited service. (b) Every retirement allowance payable to or on account of a member who retired, for service under the provisions of Subsection (b) of Section 8.509 of this Charter on or after July 1, 1947, and prior to July 1, 1974, prior to having attained the age of 60 years is hereby increased for time commencing on July 1, 1974, to the amount it would have been if such allowance had been computed, on the date such retirement allowance was first effective, on the basis of the percent of such member's average final compensation for each year of credited service as is set forth in the following table opposite his age at retirement, taken to the preceding completed quarter year: Age at Retirement Percent for Each Year ofCredited Service Age at Retirement Percent for Each Year ofCredited Service 55 1.5000 55¼ 1.5250 55½ 1.5500 55¾ 1.5750 56 1.6000 56¼ 1.6250

56½ 1.6500 56¾ 1.6750 57 1.7000 57¼ 1.7250 57½ 1.7500 57¾ 1.7750 58 1.8000 58¼ 1.8250 58½ 1.8500 58¾ 1.8750 59 1.9000 59¼ 1.9250 59½ 1.9500 59¾ 1.9750

In no event shall a member's retirement allowance, as increased under the provisions of paragraph (a) or (b) of this section, exceed 75 percent of his average final compensation. (c) Every retirement allowance payable to or on account of a member who retired for disability under the provisions of Subsection (c) of Section 8.509 of this Charter on or after July 1, 1947, and prior to July 1, 1974, is hereby increased for time commencing on July 1, 1974, to the amount it would have been if such allowance had been computed, on the date such retirement allowance was first effective as follows: (1) On the basis of one and eight-tenths percent of such member's average final compensation for each year credited service, if such retirement allowance exceeds 40 percent of his said average final compensation; (2) If such retirement allowance, as increased, does not exceed 40 percent of such member's average final compensation, the increase provided under this section shall be computed on the basis of one and eight-tenths percent of his average final compensation multiplied by the number of years of City-service which would be credited to him were such City-service to continue until attainment by him of the age of 60 years; provided, however, that such retirement allowance shall not exceed 40 percent of his said average final compensation. With respect to members whose retirement allowances were first effective prior to January 1, 1972, "average final compensation" as used in this Section 8.536 shall mean the average monthly compensation earned by the member during any 12 consecutive months 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 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 July 1, 1974. Any increase in any retirement allowance resulting from the recalculation provided for in this section, shall be disregarded in connection with any adjustment of retirement allowances pursuant to the provisions of Section 8.526 of this Charter. A8.537 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED UNDER SECTION 8.507 PRIOR TO JANUARY 1, 1972 Every retirement allowance payable to or on account of a member who retired under the provisions of Section 8.507 (formerly Section 165 of the Charter of 1932) prior to January 1, 1972, 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 the provisions of Section 8.509, as they exist on the effective date of this section, had been in effect and applicable to such member, and as if "average final compensation" were defined as the average monthly compensation earned by a member during any 12 consecutive months 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 8.507, 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).

Section 8.537 does not authorize any decrease in any allowance from the amount being paid as of June 4, 1974. A8.538 INCREASING OF CERTAIN RETIREMENT 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. A8.539 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED PRIOR TO JULY 2, 1980 Every retirement allowance payable by the San Francisco City and County Employees' Retirement System, from time commencing on July 1, 1982 to or on account of any person who was retired prior to July 2, 1980, as a member of said system under Section 8.509 formerly Section 165.2 of the Charter of 1932, as amended; and to or on account of any person who was retired prior to July 2, 1980, as a member of said system under Section 8.507, formerly Section 165 of the Charter of 1932, as amended; and to or on account of any person who was retired prior to July 2, 1980, as a member of said system under Sections 8.584, 8.586 and 8.588 of this Charter, is hereby increased by the amount of $25 per month, provided such member was entitled to be credited under the Retirement System with at least 20 years of service upon which the retirement allowance was determined at retirement. If the member was entitled to be credited with less than 20 years of such service, then said monthly increase shall be an amount which shall bear the same ratio of $25 that the service with which the member was entitled to be credited at effective date of retirement, bears to 20 years. This section does not give any member retired prior to July 1, 1982 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 July 1, 1982. Contributions to the Retirement System necessary for the payment of the increases in the retirement allowances provided in this section, shall be provided, from the reserves held by the Retirement System on account of miscellaneous members, cost of living benefits, the necessary amount being transferred upon July 1, 1982, from said reserves to the reserves held by the Retirement System to meet the obligations of the City and County on account of benefits that have been granted and on account of prior service of members. The contributions being required of the City and County currently as percentages of salaries of persons who are members under Sections 8.509, 8.584, 8.586, and 8.588 shall be increased to percentages determined by the actuary as necessary to replace the reserves so transferred. A8.539-1 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED PRIOR TO JULY 2, 1985 Commencing on July 1, 1987, every retirement allowance payable by the San Francisco City and County Employees' Retirement System, to or on account of any person who was retired prior to July 2, 1985 as a member of said system under Sections 8.507, 8.509, 8.584, 8.586 or 8.588 of this Charter, is hereby increased by the amount of $50.00 per month, provided such member had retired prior to July 2, 1961. If the member had retired after July 1, 1961, then said monthly increase shall be an amount which shall bear the same ratio to $50.00 that the number of years the member has been retired bears to twenty-five (25) years. In computing years of retirement, the Retirement System shall count completed fiscal years between the member's effective date of retirement and June 30, 1986. This section does not give any member retired prior to July 1, 1987 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 July 1, 1987.

A8.539-2 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED PRIOR TO JULY 2, 1988 Commencing on July 1, 1990, every retirement allowance payable by the San Francisco City and County Employees' Retirement System, to or on account of any person who was retired prior to July 2, 1988 as a member of said system under sections 8.507, 8.509, 8.584, 8.586 or 8.588 of this Charter, is hereby increased by the amount of $50.00 per month, provided such member had retired prior to July 2, 1964. If the member had retired after July 1, 1964, then said monthly increase shall be an amount which shall bear the same ratio to $50.00 that the number of years the member has been retired bears to twenty-five (25) years. In computing years of retirement, the Retirement System shall count completed fiscal years between the member's effective date of retirement and June 30, 1989. This section does not give any member retired prior to July 1, 1990 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 July 1, 1990. A8.539-3 INCREASING RETIREMENT ALLOWANCES OF MISCELLANEOUS OFFICERS AND EMPLOYEES RETIRED PRIOR TO JULY 2, 1991 Commencing on July 1, 1993, every retirement allowance payable by the San Francisco City and County Employees' Retirement System, to or on account of any person who was retired prior to July 2, 1991 as a member of said system under sections 8.507, 8.509, 8.584, 8.586 or 8.588 of this Charter, is hereby increased by the amount of $75.00 per month, provided such member had retired prior to July 2, 1967. If the member had retired after July 1, 1967, then said monthly increase shall be an amount which shall bear the same ratio to $75.00 that the number of years the member has been retired bears to twenty-five (25) years. In computing years of retirement, the Retirement System shall count completed fiscal years between the member's effective date of retirement and June 30, 1992. This section does not give any member retired prior to July 1, 1993 or his or her successors in interest, any claim against the City and County of San Francisco for any increase in any retirement allowance paid or payable for time prior to July 1, 1993. A8.540 MEMBERS OF THE POLICE DEPARTMENT ON JANUARY 8, 1932 Persons who are members of the police department on the eighth day of January, 1932, shall become members of the Retirement System on that date, subject to the following provisions in addition to the provisions contained in Sections 3.670, 3.672, 8.500, 8.502, 8.510, 8.511, 8.520, and 8.560 of this Charter: (a) Any member of the department who has arrived or shall arrive at the age of 62 years, and who has completed 30 years of continuous service as an active member of the department next preceding his retirement, may retire from service at his option, provided that retirement shall be compulsory at the age of 70 years. Such retired member shall receive a monthly pension, payable throughout his life, equal to one-half of the amount of the monthly salary attached to the rank held by him three years prior to the date of his retirement, hereinafter referred to in this section and Section 8.542 as a "pension." Before the first payment of the pension is made, such retired member may elect to receive the actuarial equivalent of his pension, partly in a pension to be received by him throughout his life, and partly in other benefits payable after his death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar elections by other members of the Retirement System, including the character and amount of such other benefits. (b) Any member of the department who shall become physically disabled by reason of any bodily injury received in the performance of his duty, may be retired upon a monthly pension, as defined in subdivision (a), of this section, payable throughout his life. In case his disability shall cease, his pension shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement. (c) The family of any member of the department who may be killed or injured while in the performance of his duties, and who shall have died within 3 years from the date of such injury as a result of such injury, shall receive the following benefits and the receipt by such member of a pension under this section during his lifetime shall not bar said family from such benefits: First, should the decedent leave a widow to whom he was married prior to the date of the injury resulting in death, such widow shall, as long as she may live and remain unmarried, be paid a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his said injury; provided, however, that should said widow die, leaving a child or children under the age of 16 years, said pension shall continue to such child or such children collectively until the youngest child arrives at the age of 16 years. Second, should the decedent leave no widow, but leave an orphan child or children under the age of 16 years, such child or children collectively shall receive a monthly pension equal to one-half of the salary attached to the rank held by their father at the time of his said injury until the youngest attains the age of 16 years.

Third, should the decedent leave no widow and no orphan child or children, but leave a parent or parents depending solely upon him for support, such parents, so depending, shall collectively receive a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his said injury during such time as the retirement board may unanimously determine its necessity. (d) A sum equal to the contributions, with interest, made by persons who become members of the Retirement System under this section to any other pension fund, shall be paid by the City and County to the Retirement System. Each member of the department shall contribute $2 per month to the Retirement System to be applied on the cost of the benefits at death and retirement provided under this section. Should a member be separated from City service through any cause other than death or retirement, then such contributions with interest shall be refunded to him under such conditions as may be fixed by the Board of Supervisors for the refund of contributions of other members of the Retirement System. (e) When any member of the department shall die from natural causes and before retirement, there shall be paid to his estate or beneficiary a death benefit, 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 death benefit upon the death of other retired members. (f) In addition to the other contributions required of the City and County under the Retirement System, the City and County shall contribute to the Retirement System during each fiscal year a sum which, together with the members' contributions provided for in subdivision (d) of this section, shall be equal to the liabilities accruing under the Retirement System because of the service rendered during such year by persons becoming members on the 8th day of January, 1932, under this section. If, subsequent to such fiscal year, it shall be determined that such contributions by the City and County, together with the members' contributions, was not sufficient to meet such liability, then the City and County shall make such additional contributions as may be necessary to make up the deficit. (g) No benefits shall be provided under the Retirement System for, nor shall any contribution be required of, persons who become members of the Retirement System under this section, in addition to the benefits specifically provided and contributions specifically required in such section. That portion of any pension payable because of the death or retirement of any such person 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 payable to or on account of such person, under the workers' compensation insurance and safety law of the State of California. (h) Persons who were members of the police department on the eighth day of January, 1932, shall have the option, to be exercised in writing on or before the first day of January, 1936, of becoming members of the Retirement System under the provisions of Section 8.543, which applies to persons who become members of the department after the 8th day of January, 1932. If such persons shall affirmatively exercise such option within the time specified, then on and after the first day of the month next following such affirmative action, referred hereinafter in this subdivision (h) as "effective date," they shall not receive any benefit or make any contribution under this section, but on and after said effective date shall be members of the Retirement System and shall receive benefits and make contributions on the same basis as persons who become members of the department after the 8th day of January, 1932, provided that a pension for each person affirmatively exercising such option shall be payable on account of service rendered to the City and County prior to said effective date, by such members' contributions made prior to such effective date, with interest, and by contributions of the City and County, which pension shall be the same percentage regardless of the age of retirement, of his final compensation, as defined by the Board of Supervisors, for each year of such service, as the contributions of the member and the City and County are calculated to provide upon retirement at age 62 for each year of service rendered as a member of the Retirement System. A8.541 SALARY BASE, FOR RETIREMENT PURPOSES, 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. A8.542 POLICE DEPARTMENT – RETIRED MEMBERS 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. A8.543 MEMBERS OF THE POLICE DEPARTMENT – 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. A8.544 MEMBERS OF THE POLICE DEPARTMENT AFTER JULY 1, 1945 Members of the police department, as defined in Section 8.545, who are members of the Retirement System under Sections 8.507, 8.540 or 8.543 of the Charter on the first day of July, 1945, and persons who become members of said department after said date, shall be members of the Retirement System under this Section 8.544 on and after said date, and shall be subject to the following provisions of Section 8.544 and Sections 8.545, 8.546, 8.547, 8.548, 8.549, 8.551, 8.552, 8.553, 8.554, 8.555, 8.556, 8.557, 8.558, and 8.559 (which shall apply only to members under Section 8.544 unless otherwise indicated) in addition to the provisions contained in Sections 3.670, 3.671, 8.500, 8.510, and 8.520 of this Charter notwithstanding the provisions of any other section of the Charter. Members of the said department who are members of the Retirement System under Section 8.540 of the Charter on July 1, 1949, however, shall have the option to be exercised in writing on a form furnished by the Retirement System and to be filed at the office of said system not later than 90 days after July 1, 1949, of being members of the system under Section 8.540 instead of Section 8.544, the election under said option to be effective on said date. In like manner, members of the said department who are members of the Retirement System under Section 8.507 or 8.543 of the Charter shall have the option, to be exercised in writing on a form furnished by the Retirement System, and to be filed at the office of said system not later than 90 days after July 1, 1949, of being members of the system under Sections 8.507 or 8.543, respectively, instead of Section 8.544 the election to be effective on said date, provided, that members who are absent by reason of service in the armed forces of the United States or by reason of any other service included in section 8.520 of the Charter, on the effective date of the amendment shall have the same option of electing to be members under Sections 8.507, 8.540, or 8.543, as the case may be, instead of Section 8.544, until 90 days after return to service in the police department. On and after July 1, 1949, the persons who affirmatively exercise said option, shall continue to be members of the system under Sections 8.507, 8.540, or 8.543, respectively, and shall not be subject to any of the provisions of Section 8.544. A8.545 DEFINITIONS The following words and phrases as used in this section, unless a different meaning is plainly required by the context shall have the following meanings: "Retirement allowance," "death allowance," or "allowance" shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the police department, but excluding remuneration paid for overtime. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without

interruption throughout the period under consideration at the rates of remuneration attached at that time to the ranks or positions held by him during such period, it being assumed that during any absence he was in the rank or position held by him at the beginning of the absence, and that prior to becoming a member of the police department, he was in the rank or position first held by him in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the monthly compensation earnable by a member at the time of his retirement, or death before retirement, as the case may be, at the rate of remuneration attached at that time to the rank or position which said member held, provided that said member has held said rank or position for at least one year immediately prior to said retirement or death; and provided, further, that if said member has not held said rank or position for at least one year immediately prior to said retirement or death, "final compensation," as to such member, shall mean the monthly compensation earnable by such member in the rank or position next lower to the rank or position which he held at the time of retirement or death at the rate of remuneration attached at the time of said retirement or death to said next lower rank or position; provided, however, that in the case of a member's death before retirement as the result of a violent traumatic injury received in the performance of his duty, "final compensation," as to such member shall mean the monthly compensation earnable by such member at the rate of remuneration attached on the date he receives such injury to the rank or position held by such member on that date. The amendment of the definition of "final compensation" contained in the proposition therefor submitted to the electorate on June 6, 1972, shall be retroactive and shall be applicable to any death allowance first effective on or after July 1, 1971. Said amendment does not and shall not increase any death allowance first in effect prior to July 1, 1971, nor shall said amendment give any person receiving a death allowance, or his successors in interest any claim against the City and County for any increase in any death allowance paid or payable for time prior to July 1, 1971. For the purpose of the Retirement System and of this section, the terms "member of the police department," "member of the department" or "member" shall mean any officer or employee of the police department whose employment therein began prior to January 1, 1900, or whose employment therein began or shall begin after that date, and was or shall be subject to the Charter provisions governing entrance requirements for members of the uniformed force of said department, and said terms further shall mean, from the effective date of their employment in said department, persons employed on July 1, 1945, regardless of age, or employed after said date at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform the duties now performed under the titles of criminologist, photographer, police patrol driver, police motor boat operator, woman protective officer, police woman or jail matron. Any police service performed by such member of the police department outside the limits of the City and County 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. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section 8.600 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. A8.546 SERVICE RETIREMENT Any member of the police department who completes at least 25 years of service in the aggregate and attains the age of 50 years, said service to be computed under Section 8.554, may retire for service at his option. Members shall be retired on the first day of the month next following the attainment by them of the age of 65 years. A member retired after meeting the service and age requirements in the two sentences next preceding, shall receive a retirement allowance equal to 55 percent of the final compensation of said member, as defined in Section 8.545, plus and allowance at the rate of three percent of said final compensation, for each year of service rendered in excess of 25 years; provided, however, that such retirement allowance shall not exceed 70 percent of said member's final compensation. A member retired after attaining the age of 65 years, but before completing 25 years of service in the aggregate computed under Section 8.554, shall receive a retirement allowance which bears the same ratio to 50 percent of the final compensation of said member, as defined in Section 8.545 as the service with which he is entitled to be credited, bears to 25 years. If, at the date of retirement for service, or retirement for disability resulting from an injury received in performance of duty, said member has no wife, children or dependent parents, who would qualify for the continuance of the allowance after the death of said member, or with respect to the portion of the allowance which would not to be continued regardless of dependents, or upon retirement for disability resulting from other causes, with respect to all of the allowance and regardless of dependents at retirement, a member retired under this section, or Section 8.547, may elect before the first pa

the continuance of the allowance after the death of said member, or with respect to the portion of the allowance which would not to be continued regardless of dependents, or upon retirement for disability resulting from other causes, with respect to all of the allowance and regardless of dependents at retirement, a member retired under this section, or Section 8.547, may elect before the first payment of the retirement allowance is made, to receive the actuarial equivalent of his allowance or the portion which would not be continued regardless of dependents, as the case may be, partly in a lesser allowance to be received by him throughout his life, and partly in other benefits payable after his death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar election by other members of the Retirement System, including the character and amount of such other benefits.

A8.547 RETIREMENT FOR INCAPACITY Any member of the police department who becomes incapacitated for the performance of his duty by reason of bodily injury received in, or illness caused by performance of his duty, shall be retired. If he is not qualified for service retirement, he shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section 8.545, as his percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section 8.545. Said allowance shall be paid to him until the date upon which said member would have qualified for service retirement had he lived and rendered service without interruption in the rank held by him at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation as defined in Section 8.545 he would have received immediately prior to said date had he lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If at the time of retirement because of disability, he is qualified as to age and service for retirement under Section 8.546, he shall receive an allowance equal to the retirement allowance which he would receive if retired under Section 8.546 but not less than 55 percent of said final compensation. Any member of the police department who becomes incapacitated for the performance of his duty, by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section 8.554 shall be retired upon an allowance of one and one-half percent of the final compensation of said member, as defined in Section 8.545, for each year of service provided that said allowance shall not be less than 331/3 percent of said final compensation; provided, however, that if such member has completed at least 25 years of service in the aggregate, computed as provided in Section 8.554, but has not yet attained the age of 50 years, he shall receive an allowance equal to the retirement allowance he would have received if he had attained the age of 50 years and retired under Section 8.546 as of the date of retirement for such incapacity. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the police commission, or by said member of his guardian. If his disability shall cease, his retirement allowance shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement. A8.548 DEATH ALLOWANCE If a member of the police department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his duty, a death allowance, in lieu of any allowance payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his surviving wife, throughout her life or until her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he had been retired for service on day of death, but such allowance shall not be less than 55 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement the allowance payable shall be equal to the final compensation of said member at the date of death, until the date upon which said member would have qualified for service retirement, had he lived and rendered service without interruption in the rank held by him at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he would have received immediately prior to said date, had he lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such final compensation. If he had retired prior to death for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he was a member under Section 8.544 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be reduced upon the date at which said member would have qualified for service retirement, in the same manner as it would have been reduced had the member not died. If there be no surviving wife entitled to an allowance hereunder, or if she die or remarry before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no childre

age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under the age of 18 years, but leave a parent or parents depending upon him for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving widow otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving wife following the death of a member unless she was married to the member prior to the date of the injury or onset of the illness which results in death. A8.549 PAYMENT OF SURVIVING DEPENDENTS

Upon the death of a member of the police department resulting from any cause, other than injury received in or illness caused by performance of duty: (a) if his death occurred after qualification for service retirement under Sections 8.540, 8.543 or 8.546, or after retirement for service or because of disability which resulted from any cause other than any injury received in, or illness caused by the performance of duty, three-fourths of his retirement allowance to which he would have been entitled if he had retired for service at the time of his death or three-fourths of his retirement allowance as it was at his death, as the case may be, shall be continued throughout life or until remarriage, to his surviving wife; or (b) if his death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of age 50 years, three-fourths of the retirement allowance to which he would have been entitled under section 8.546 if he had attained the age of 50 years on the date of his death shall be continued throughout life or until remarriage to his surviving wife; or (c) if his death occurred after retirement because of disability which resulted from injury received in, or illness caused by the performance of duty, his retirement allowance as it was at his death shall be continued throughout life or until remarriage, to his surviving wife, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have qualified for service retirement, in the same manner as it would have been adjusted had the member not died; or (d) if his death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section 8.554, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section 8.547 if he had retired on the date of death because of incapacity for performance of duty resulting from a cause other than bodily injury received in or illness caused by performance of duty shall be paid throughout life or until remarriage to his surviving wife. If there be no surviving wife entitled to an allowance hereunder, or if she die or remarry before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under the age of eighteen years, but leave a child or children, regardless of age, dependent upon him for support because partially or totally disabled and unable to earn a livelihood or a parent or parent dependent upon him for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving wife otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving wife unless she was married to the member prior to the date of the injury or the onset of the illness which results in death, if he had not retired, or unless she was married to the member at least one year prior his death. As used in this section and Section 8.548, "surviving wife" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving wife, in the event of death of the member after qualification for but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section 8.552 in lieu of the allowance which otherwise would be continued to her under this section. If there be no surviving wife, the guardian of the eligible child or children may make such election, and if there be no such children, the dependent parent or parents may make such election. Persons heretofore or hereafter retired under other Charter sections as members of the police department at the time of retirement, shall be subject to the provisions of this section. With respect to members under Section 8.544, "qualified for service retirement," "qualification for service retirement," or "qualified as to age and service retirement," as used in this section and other sections to which persons who are members under Section 8.544 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section 8.554. The amendments of this Section 8.549 contained in the proposition herefor submitted to the electorate on November 7, 1972, are hereby declared to be retroactive and shall be applicable to members who died after October 1, 1970. A8.550 ADJUSTMENT OF ALLOWANCES (a) Every allowance based on the average monthly compensation earnable by the member during the three or 10 years prior to retirement or death, and payable for time commencing on April 1, 1952, to or on account of persons who were retired or who died prior to January 1, 1951, as members of the police department, shall be adjusted to the amount it would be if it had been based on the monthly compensation fixed in Section 35.5 of the Charter of 1932 as amended as of July 1, 1951, for the rank of police officer in the respective years of service, regardless of the rank or position the member held in the department prior to his retirement, or death before retirement. Every service retirement allowance under Section 8.543 which is included in the sentence next preceding, shall be adjusted to

pensation fixed in Section 35.5 of the Charter of 1932 as amended as of July 1, 1951, for the rank of police officer in the respective years of service, regardless of the rank or position the member held in the department prior to his retirement, or death before retirement. Every service retirement allowance under Section 8.543 which is included in the sentence next preceding, shall be adjusted to what it would have been, if prior to optional modification, the allowance had been 50 percent of said monthly compensation. Allowances payable under Sections 8.547, 8.548 or 8.561 to or on account of persons who were retired for disability or died prior to January 1, 1951, on and after the date such persons would have qualified for service retirement, shall be calculated as provided in said Sections 8.547, 8.548, or 8.561, respectively. The provisions of Section 8.549 with respect to continuance of one-half of retirement allowance upon deaths after retirement, shall be applied from April 1, 1952, as if they were effective on November 2, 1948. This section does not authorize any decrease in any allowance from the amount being paid as of April 1, 1952, nor does this section give any retired member, or any beneficiary of such member, or his successors in interest, any claim against the City and County for any increase in any allowance

paid or payable for the time prior to April 1, 1952. Adjustment in reserves under allowances which are changed according to this section, shall be made on the basis of current interest rate and mortality tables. The increase in the retirement allowance shall be apportioned according to services rendered by the member in the same manner that the allowance prior to increase was apportioned. Contributions to the Retirement System, necessary for the payment of the increase of the portion of the retirement allowances which is paid from reserves held by the Retirement System, shall be provided from the reserves held by the Retirement System on account of members under Section 8.544, the necessary amount being transferred upon April 1, 1952, from said reserves to the reserves held by the Retirement System to meet the obligations on account of benefits that have been granted and on account of prior service of members. The contribution being required of the City and County currently, as a percentage of salaries of persons who are members under Section 8.544, shall be increased to a percentage determined by the actuary as necessary to replace the reserves so transferred. Contributions to the Retirement System necessary for the payment of said increases with reference to current and prior service portions of the allowances which are not paid from reserves held by the Retirement System, shall be paid to the system by the City and County by annual appropriations, provided that such appropriation for any year shall not be less than the amount disbursed during that year on account of said increases. (b) Every retirement or death allowance payable for time commencing on April 1, 1956, to or on account of any person who died or was retired prior to November 8, 1955, as a member of the police department, unless such person was retired or died as a member of the Retirement System or the former police relief and pension fund, under any section of the Charter, other than Section 8.543, or 8.544, is hereby increased by the amount of $25 per month; provided, however, that such increased retirement allowance or death allowance shall not exceed 50 percent of the compensation as of July 1, 1954, attached to the rank of police officer in the fourth year of service as set forth under Section 35.5 of the Charter of 1932, as amended regardless of the rank or position the member held in the department prior to his retirement or death before retirement. Such increase shall not be modified under, nor subject to, Option 2 or 3 provided by ordinance. Allowances payable under Sections 8.547, 8.548, or 8.561, to or on account of persons who were retired for disability or died prior to November 8, 1955, on and after the date such persons would have qualified for service retirement, shall be calculated as provided in said Sections 8.547, 8.548, or 8.561, respectively. This section does not authorize any decrease in any allowance from the amount being paid as of April 1, 1965, nor does this section give any member who retired, or the beneficiary of any member who died prior to April 1, 1956, or his successors in interest, any claim against the City and County for any increase in retirement allowance paid or payable for time prior to April 1, 1956. The increase in allowance shall be apportioned between service rendered prior to the entry of the member into the Retirement System under Section 8.543 or 8.544, and service rendered as such a member, in the same proportion that such prior and current service respectively, bears to the total service credited at retirement. Contributions to the Retirement System necessary for the increases in the allowances provided in this section, shall be provided, with respect to the portion of the benefit based on service rendered as members under Section 8.543 or 8.544 from the reserves held by the Retirement System on account of members of the Retirement System under Section 8.544, the necessary amount being transferred upon April 1, 1956, from said reserves to the reserves held by the Retirement System to meet the obligations on account of allowances which are increased by this Subsection 8.550(b). The contribution being required of the City and County currently, as percentages of salaries of persons who are members under Section 8.543 or 8.544, shall be paid to the system by the City and County by annual appropriations, provided that such appropriation for any year shall not be less than the amount disbursed during that year on account of said increases. A8.551 ADJUSTMENT OF ALLOWANCES BECAUSE OF 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. A8.552 DEATH 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 prescribe

t 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. A8.553 REFUNDS AND REDEPOSITS 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. A8.554 COMPUTATION OF SERVICE 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 service while he 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 fire or police department. (b) Time during which said member served and received compensation as a jail matron in the office of the sheriff. (c) Time during which said member is entitled to receive compensation while a member of the Retirement System, because of service rendered in other offices and departments before July 1, 1949, provided that accumulated contributions on account of such service, previously refunded, are redeposited, with interest from date of refund to date of redeposit, at times and in the manner fixed by the retirement board; and solely for the purpose of determining qualification for retirement under Section 8.547 for disability not resulting from injury received in, or illness caused by performance of duty, time during which said member serves, after June 30, 1949, and receives compensation because of services rendered in other offices and departments. (d) Time during which said member is absent from a status included in paragraphs (a), (b), or (c) 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 Section 8.520 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 account. A8.555 SOURCES OF FUNDS All payments provided for persons who are members under Section 8.544 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) The normal rate of contribution of each member shall be based on his age taken to the next lower complete quarter year, (1) at the date he became a member under Section 8.507 or 8.543, in the case of persons who are members under these sections, or (2) at July 1, 1945, in the case of persons who are members under Section 8.540, and his age taken to the next lower completed quarter year, when he entered the police department, or (3) on his age at the date he becomes a member under Section 8.544, in the case of persons who become members on or after July 1, 1945, without credit for services counted under Section 8.554. The age of entrance into the police department shall be determined by deducting the member's service credited under Section 8.554 as rendered prior to the date upon which his age is based for determination of the rate of contribution according to the sentence next preceding, from said age. The normal rate of contribution of each such member, to be effective from the effective date of membership under Section 8.544, shall be such as, on the average for such member, will provide, assuming service without interruption, under Section 8.546, one-third of that portion of the service retirement allowance to which he would be entitled, without continuance to dependents, upon first qualifying as to age and

service, for retirement under that section, without discount of allowance, which is based on service rendered after the date upon which his age is based for determination of his rate of contribution according to the first sentence in this paragraph, and assuming the contribution to be made from that date. The normal rate of contribution, however, shall not exceed six percent. (b) The dependent rate of contribution of each member which shall be required of each member throughout his membership in addition to the normal contributions, and in the same manner as normal contributions, shall be such as, on the average for such member, will provide, assuming service without interruption under Section 8.546, and upon his first qualifying as to age and service for retirement under that section, one-third of the portion of his allowance, which is to be continued under Section 8.549, after his death and throughout the life of a surviving wife whose age at said death is three years less than the age of said member. If, at the date of retirement for service or retirement for disability resulting from injury received in performance of duty, said member has no wife who would qualify for the continuance of the allowance to her after the death of said member, or upon retirement from disability resulting from other causes regardless of his marital condition, the dependent contributions with accumulated interest thereon, shall be paid to him forthwith. The dependent rate of contribution, however, shall not exceed the difference between six percent and the member's normal rate of contribution, and said dependent rate may be taken as a flat percentage of the member's normal rate, regardless of the age of qualification for service retirement. (c) There shall be deducted from each payment of compensation made to a member under Section 8.544, a sum determined by applying the member's rates of contribution to such compensation payment. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said members or shall be paid to said member or his estate or beneficiary as provided in Sections 8.552, 8.553, and 8.554. (d) Contributions based on time included in Subsections (a), (b), (c), and (d) of Section 8.554 and deducted prior to July 1, 1945, from compensation of persons who become members under Section 8.544, and standing with interest thereon, to the credit of such members on the records of the Retirement System on said date, shall continue to be credited to the individual accounts of said members and shall be combined with and administered in the same manner as the contributions deducted after said date. (e) The total contributions, with interest thereon, made by or charged against the City and County and standing to its credit, in the accounts of the Retirement System, on account of persons who become members under Section 8.544, shall be applied to provide the benefits under said section. (f) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in the preceding paragraphs of this Section 8.555, to provide the benefits payable under this section. Such contributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by each member prior to the date upon which his age is based for determination of his rate of contribution in paragraph (a), Section 8.555 shall not be less during any fiscal year than the amount of such benefits paid during said year. Such contributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by respective members on and after the date stated in the next preceding sentence, shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year, to persons who are members under Section 8.544, said percentage to be the ratio of the value on July 1, 1945, or at the late date of a periodical actuarial valuation and investigation into the experience under the system of the benefits thereafter to be paid under this section, from contributions of the City and County, less the amount of such contributions, and plus accumulated interest thereon, then held by said system to provide said benefits on account of service rendered by respective members after the date stated in the sentence next preceding, to the value at said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuation shall be made every even- numbered year and said investigation into the experience under the system shall be made every odd-numbered year. (g) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide the benefits under this section, shall be a part of the

experience under the system shall be made every odd-numbered year. (g) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide the benefits under this section, shall be a part of the fund in which all other assets of said system are included. Nothing in this section shall affect the obligation of the City and County to pay to the Retirement System any amounts which may or shall become due under the provisions of the Charter prior to July 1, 1945, and which are represented on July 1, 1945, in the accounts of said system by debits against the City and County. A8.556 RIGHT TO RETIRE 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.

A8.557 LIMITATION ON EMPLOYMENT DURING 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. A8.558 DEFINITION OF "FINAL COMPENSATION" – ALLOWANCES FIRST PAYABLE PRIOR TO JULY 1, 1975 Notwithstanding any other provision of this Charter, but solely with respect to the determination of the amount of each retirement allowance payable to or on account of a person who retired for service or because of disability under the provisions of Section 8.544 of the Charter prior to July 1, 1975, "final compensation," for time commencing on July 1, 1975, shall mean the rate of remuneration (excluding remuneration for overtime) attached on July 1, 1975, to the rank or position upon which such person's retirement allowance was determined when first effective; provided, further, that each such allowance shall be increased or decreased as of July 1, 1990, and thereafter on the effective date of any legislation fixing the rates of compensation for police officers under section 8.405 of this Charter by an amount equal to 50 percent of the rate of change in the salary attached to said rank multiplied by the allowance which was payable for the month immediately preceding each July 1. This section does not give any person retired under the provisions of said Section 8.544, 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 July 1, 1975. This section does not authorize any decrease in the amount of any allowance from the amount being paid as of June 30, 1975. No retirement allowance to which the definition of "final compensation" as set forth in this section is applicable shall be subject to adjustment under the provisions of Section 8.526 for time commencing July 1, 1975. Contributions, with interest credited thereon, standing to the credit of a person whose retirement allowance is subject to the provisions of this section and which were made by such person pursuant to the provisions of Section 8.526 shall, effective July 1, 1975, be combined with any administered in the same manner as such person's normal contributions. Contributions, with interest credited thereon, made by or charged against the City and County and standing to its credit on account of a person whose retirement allowance is subject to the provisions of this section and which were made by or charged against the City and County for the purposes of said Section 8.526 shall be applied to provide the benefits under this section. A8.559 MEMBERS OF THE POLICE DEPARTMENT ON AND AFTER JULY 1, 1975 Notwithstanding the provisions of Section 8.544 of this Charter, members of the police department, as defined in Section 8.559-1, who are members of the Retirement System under Section 8.554 on the effective date of this section and persons who become members of the Retirement System under Section 8.544 after said effective date and prior to July 1, 1975, shall have the option, to be exercised in writing on a form furnished by the Retirement System and to be filed at the office of said system not later than June 30, 1975, of being members of the system under this section instead of said Section 8.544, the election pursuant to said option to be effective as of July 1, 1975; provided that such of said members who, during the period from the effective date of this section through June 30, 1975, are absent by reason of service in the armed forces of the United States or by reason of any other service included in Section 8.520(a) of this Charter shall have the same option of electing to be members under this section instead of Section 8.544, until 90 days after their return to service in the police department. Those persons who become members of the police department, as defined in Section 8.559-1, on or after July 1, 1975, and those persons who elect to be members under this section as provided in the preceding paragraph, shall be members of the system subject to provisions of Sections 8.559, 8.559-1, 8.559-2, 8.559-3, 8.559-4, 8.559-5, 8.559-6, 8.559-7, 8.559-8, 8.559-9, 8.559-10, 8.559-11, 8.559- 12 and 8.559-13 (which shall apply only to members under Section 8.559) in addition to the provisions contained in Sections 3.670 to 3.672, both inclusive, and Sections 8.500, 8.510 and 8.520 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 8.544 of this Charter. A8 559 1 DEFINITIONS

A8.559-1 DEFINITIONS The following words and phrases as used in this section, Section 8.559 and Sections 8.559-2 through 8.559-13, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the police department, but excluding remuneration paid for overtime. For retirement purposes, any increase in compensation attached to a rank which is based solely upon the possession of a POST certificate, compared to the equivalent rank without a POST certificate, shall be subject to the following limitations: (a) for possession of the intermediate POST certificate, no more than 4% shall be included in compensation, (b) for possession of the advanced POST certificate, no more than an additional 2% over the maximum provided in subsection (a), above, shall be included in compensation, These limits shall apply to any pay increments which are solely attributable to the possession of a POST certificate, including but not limited to premiums or special ranks which may be established in the future and which are solely attributable to the possession of a POST certificate. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the police department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the monthly compensation earnable by a member at the time of his or her retirement, or death before retirement, as the case may be, at the rate of remuneration attached at that time to the rank or position which said member held, provided that said member has held said rank or position for at least one year immediately prior to said retirement or death; and provided, further, that if said member has not held said rank or position for at least one year immediately prior to said retirement or death, "final compensation," as to such member, shall mean the monthly compensation earnable by such member in the rank or position next lower to the rank or position which he or she held at the time of retirement or death at the rate of remuneration attached at the time of said retirement or death to said next lower rank or position; provided, however, that in the case of a member's death before retirement as the result of a violent traumatic injury received in the performance of his or her duty, "final compensation," as to such member shall mean the monthly compensation earnable by such member at the rate of remuneration attached on the date he receives such injury to the rank or position held by such member on that date. For purposes of calculation of final compensation, any increase in pay solely attributable to possession of a POST certificate shall be included only if the member possesses the qualifying POST certificate for a period of not less than four (4) years prior to his or her retirement date; provided, however, that should a member possess the qualifying POST certificate for a period of time less than four (4) years prior to retirement, final compensation shall be calculated based upon the monthly compensation in the next lower rank not requiring possession of the qualifying POST certificate. For the purpose of Sections 8.559 through 8.559-13, the terms "member of the police department," "member of the department," or "member" shall mean any officer or employee of the police department, excluding such officers and employees as are members of the Retirement System under Section 8.565 or Section 8.568 of the Charter, who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department, and said terms further shall mean, from the effective date of their employment in said department, persons employed on July 1, 1975, regardless of age, or employed after said date at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform the duties now performed under the titles of criminologist, photographer, police patrol driver, police motor boat operator, woman protective officer, police woman or jail matron. Any police service performed by such members of the police department outside the limits of the City and County and under orders of a superior officer or 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. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section 8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gen

"Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section 8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board.

(Amended November 1998) A8.559-2 SERVICE RETIREMENT Any member of the police department who completes at least twenty-five (25) service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section 8.559-10, 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 fifty-five (55) percent of the final compensation of said member, as defined in Section 8.559-1, plus an allowance at the rate of four percent of said final compensation for each year of service rendered in excess of twenty-five (25) years; provided, however, that such retirement allowance shall not exceed seventy-five (75) percent of said member's final compensation. A member retired after attaining the age of sixty-five (65) years, but before completing twenty-five (25) years of service in the aggregate computed under Section 8.559-10, shall receive a retirement allowance which bears the same ratio to fifty (50) percent of the final compensation of said member, as defined in Section 8.559-1, as the service with which he or she is entitled to be credited bears to twenty-five (25) years. If, at the date of retirement for service, or retirement for disability, resulting from an injury received in the performance of duty, said member has no spouse, children or dependent parents, who would qualify for the continuance of the allowance after the death of said member, or with respect to the portion of the allowance which would not be continued regardless of dependents, or upon retirement for disability resulting from other causes, with respect to all of the allowance and regardless of dependents at retirement, a member retired under this section or Section 8.559-3, may elect before the first payment of the retirement allowance is made, to receive the actuarial equivalent of his or her allowance or the portion which would not be continued regardless of dependents, as the case may be, partly in a lesser allowance to be received by him or her throughout his or her life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar election by other members of the Retirement System, including the character and amount of such other benefits. A8.559-3 RETIREMENT FOR INCAPACITY Any member of the police department who becomes incapacitated for the performance of his duty by reason of any bodily injury received in, or illness caused by the performance of his duty, shall be retired. If he is not qualified for service retirement, he shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section 8.559-1, as his percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section 8.559-1. Said allowance shall be paid to him until the date upon which said member would have qualified for service retirement had he lived and rendered service without interruption in the rank held by him at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section 8.559-1, he would have received immediately prior to said date, had he lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such final compensation. If, at the time of retirement because of disability, he is qualified as to age and service for retirement under Section 8.559-2, he shall receive an allowance equal to the retirement allowance which he would receive if retired under Section 8.559-2, but not less than 55 percent of said final compensation. Any member of the police department who becomes incapacitated for performance of his duty, by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section 8.559-10, shall be retired upon an allowance of one and one-half percent of the final compensation of said member as defined in Section 8.559-1 for each year of service, provided that said allowance shall not be less than 331/3 percent of said final compensation; provided, however, that if such member has completed at least 25 years of service in the aggregate, computed as provided in Section 8.559-10, but has not yet attained the age of 50 years, he shall receive an allowance equal to the retirement allowance he would have received if he had attained the age of 50 years and retired under Section 8.559-2 as of the date of retirement for such incapacity. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the police commission, or by said member or his guardian. If his disability shall cease, his retirement allowance shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement. A8.559-4 DEATH ALLOWANCE If a member of the police department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his duty, a death allowance, in lieu of any allowance payable under any other section of the C

etirement allowance shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement. A8.559-4 DEATH ALLOWANCE If a member of the police department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his duty, a death allowance, in lieu of any allowance payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his surviving wife throughout her life or until her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he had been retired for service on the day of death, but such allowance shall not be less than 55 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the final compensation of said member at the date of death, until the date upon which said member would have qualified for service retirement, had he lived and rendered service without interruption in the rank held by him at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he would have received immediately prior to said date, had he lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such monthly final compensation. If he had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance

payable shall be equal to the retirement allowance of the member, except that if he was a member under Section 5.559 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be reduced upon the date at which said member would have qualified for service retirement, in the same manner as it would have been reduced had the member not died. If there be no surviving wife entitled to an allowance hereunder, or if she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under the age of 18 years, but leave a parent or parents dependent upon him for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving widow otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving wife following the death of a member unless she was married to the member prior to the date of the injury or onset of the illness which results in death. A8.559-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the police department resulting from any cause, other than an injury received in, or illness caused by performance of duty; (a) if his death occurred after qualification for service retirement, under Section 8.559-2, or after retirement for service or because of disability which resulted from any cause other than an injury received in, or illness caused by performance of duty, three-fourths of his retirement allowance to which the member would have been entitled if he had retired for service at the time of death or three-fourths of the retirement allowance as it was at his death, as the case may be, shall be continued throughout life or until marriage to his surviving wife; or (b) if his death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, three-fourths of the retirement allowance to which he would have been entitled under Section 8.559-2 if he had attained the age of 50 years on the date of his death shall be continued throughout life or until remarriage to his surviving wife; or (c) if his death occurred after retirement for disability by reason of injury received in, or illness caused by performance of duty, his retirement allowance as it was at his death shall be continued throughout life or until remarriage, to his surviving wife, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date of which said member would have qualified for service retirement, in the same manner as it would have been adjusted had the member not died; or (d) if his death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section 8.559-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section 8.559-3 if he had retired on the date of death because of incapacity for performance of duty resulting from a cause other than bodily injury received in, or illness caused by performance of duty shall be paid throughout life or until remarriage to his surviving wife. If there be no surviving wife entitled to an allowance hereunder, or if she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving wife otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving wife unless she was married to the member prior to the date of the injury or onset of the illness which results in death if he had not retired, or unless she was married to the member at least one year prior to his death if he had retired. As used in this section and Section 8.559-4, "surviving wife" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving wife, in the event of death of the member after qualification for but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section 8.559-8, in lieu of the allowance which otherwise would be continued to her under this section. If there be no surviving wife, the guardian of the eligible child or children may make such election, and if there be no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "Qualification for service retirement" or "Qualified as to age and service for retirement," as used in t

wance which otherwise would be continued to her under this section. If there be no surviving wife, the guardian of the eligible child or children may make such election, and if there be no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "Qualification for service retirement" or "Qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section 8.559 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section 8.559-10. A8.559-6 ADJUSTMENT OF ALLOWANCES Every retirement or death allowance payable to or on account of any member under Section 8.559 shall be increased or decreased as of July 1, 1990, and thereafter on the effective date of any legislation fixing the rates of compensation for police officers under section 8.405 of this Charter by an amount equal to 50 percent of any increase or decrease, respectively, in the rate of remuneration attached to the rank or position upon which such retirement or death allowance was based; provided, however, that no allowance shall be reduced below the amount being received by a member or his beneficiary on June 30, 1976, or on the date such member or beneficiary began to receive the allowance, whichever is later. A8.559-7 ADJUSTMENT FOR COMPENSATION PAYMENTS

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. A8.559-8 DEATH BENEFIT 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 8.559-4 or 8.559-5 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. A8.559-9 REFUNDS AND REDEPOSITS 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. A8.559-10 COMPUTATION OF SERVICE 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 service while he was a member under any other Charter section, and not redeposited upon reentry into service: (a) Time during and for which said member is entitled to receive compensation because of services as a member of the fire or police department. (b) Time during which said member served and received compensation as a jail matron in the office of the sheriff. (c) Time during which said member is entitled to receive compensation while a member of the Retirement System, because of service rendered in other offices and departments prior to July 1, 1949, provided that accumulated contributions on account of such service previously refunded, are redeposited, with interest from date of refund to date of redeposit, at times and in the manner fixed by the Retirement Board; and solely for purpose of determining qualification for retirement under Section 8.559-3 for disability not resulting from injury received in, or illness caused by performance of duty, time during which said member serves, after July 1, 1949, and receives compensation because of services rendered in other offices and departments. (d) Time during which said member is absent from a status included in Subsections (a), (b), or (c) 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 Section 8.520 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 account. (e) 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. (Amended by Proposition G, 11/4/2008) A8.559-11 SOURCES OF FUNDS All payments provided for members under Section 8.559 shall be made from funds derived from the following sources, plus interest earned on said funds; (a) The normal rate of contribution for each member under Section 8.559 shall be based on his age taken to the next lower complete quarter year, (1) at the date he became a member under Section 8.544, in the case of persons who are members under that section, or (2) on his age at the date he becomes a member under Section 8.559 in the case of persons who become members on or after July 1, 1973,

without credit for service counted under Section 8.559-10. The age of entrance into the police department shall be determined by deducting the member's service credited under Section 8.559-10 as rendered prior to the date upon which his age is based for determination of his rate of contribution according to the sentence next preceding, from said age. The normal rate of contribution of each such member, to be effective from the effective date of membership under Section 8.559, shall be such as, on the average for such member, will provide, assuming service without interruption, under Section 8.559-2, one-third of that portion of the service retirement allowance to which he would be entitled, without continuance to dependents, upon first qualifying as to age and service for retirement under that section, which is based on service rendered after the date upon which his age is based for determination of his rate of contribution according to the first sentence in this paragraph, and assuming the contribution to be made from that date. The normal rate of contribution, however, shall not exceed seven percent. (b) The dependent contributions of each member under this section which shall be required of each member throughout his membership in addition to the normal contributions, and in the same manner as normal contributions, shall be such as, on the average for such member, will provide, assuming service without interruption under Section 8.559-2, and upon his first qualifying as to age and service for retirement under that section, one-third of the portion of his allowance, which is to be continued under Section 8.559-5 after his death and throughout the life of a surviving wife whose age at said death is three years less than the age of said member. If, at the date of retirement for service or retirement for disability resulting from injury received in performance of duty, said member has no wife who would qualify for the continuance of the allowance to her after the death of said member, or upon retirement for disability resulting from other causes, regardless of his marital conditions, the dependent contributions with accumulated interest thereon, shall be paid to him forthwith. The dependent rate of contribution, however, shall not exceed the difference between seven percent and the member's normal rate of contribution, and said dependent rate may be taken as a flat percentage of the member's normal rate, regardless of the age of qualification for service retirement. (c) There shall be deducted from each payment of compensation made to a member under this section, a sum determined by applying the member's rates of contribution to such compensation payment. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other member of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his estate or beneficiary as provided in Sections 8.559-8, 8.559-9 and 8.559-10. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (d) Contributions based on time included in Subsections (a), (b) and (c) of Section 8.559-10, and deducted prior to July 1, 1975, from compensation of persons who become members under Section 8.559, and standing with interest thereon, to the credit of such members on the records of the Retirement System on said date, together with contributions made by such members pursuant to the provisions of Section 8.526 and standing with interest thereon to the credit of such members on the records of the Retirement System on said date, shall continue to be credited to the individual accounts of said members and shall be combined with and administered in the same manner as the contributions deducted after said date. (e) The total contributions, with interest thereon, made by or charged against the City and County and standing to its credit, in the accounts of the Retirement System, on account of persons who become members under Section 8.559, shall be applied to provide the benefits under said Section 8.559. (f) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in the preceding paragraphs of this Section 8.559-11 to provide the benefits payable to members under Section 8.559. Such contributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by each member prior to the date upon which his age is based for determination of his rate of contribution in Subsection (a) of this Section 8.559-11, shall not be less during any fiscal year than the amount of such benefits paid during said year. Such contributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by respective members on and after the date stated in the next preceding sentence, shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year, to persons who are members under Section 8.559, said percentage to be the ratio of the value on July 1, 1975, or at the later date of a periodical actuarial valuation and investigation into the experience under the system, of the benefits thereafter to be paid under this section, from contributions of the City and County, less the amount of such contributions, and plus accumulated interest thereon, the

rsons who are members under Section 8.559, said percentage to be the ratio of the value on July 1, 1975, or at the later date of a periodical actuarial valuation and investigation into the experience under the system, of the benefits thereafter to be paid under this section, from contributions of the City and County, less the amount of such contributions, and plus accumulated interest thereon, then held by said systems to provide said benefits on account of service rendered by respective members after the date stated in the sentence next preceding, to the value of said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuation shall be made every even-numbered year and said investigation into the experience under the system shall be every odd-numbered year. (g) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies the contributions of both members and the City and County held by the system to provide the benefits under this section, shall be a part of the fund in which all other assets of said system are included. Nothing in this section shall affect the obligations of the City and County to pay to the Retirement System any amounts which may or shall become due under the provisions of the Charter prior to July 1, 1975, and which are represented on said effective date, in the accounts of said system by debits against the City and County. (Amended by Proposition G, 11/4/2008) A8.559-12 RIGHT TO RETIRE

Upon the completion of the years of service set forth in Section 8.559-2 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 8.559-2, and nothing shall deprive said member of said right. A8.559-13 LIMITATION IN EMPLOYMENT DURING RETIREMENT Except as otherwise provided in section 8.511 of this Charter, no person retired as a member under Section 8.559 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, or in the preparation for, or the giving of, testimony as an expert witness for or on behalf of the City and County of San Francisco before any court or legislative body shall not be affected by this section. A8.559-14 RIGHT TO TRANSFER Notwithstanding any provisions of this Charter to the contrary, any person who, on or after January 1, 1981, is a member of the Police Department, and is a member of the Retirement System under Charter Section 8.559, may become a member of the Retirement System under Charter Section 8.586 by filing in writing with the Retirement System no later than December 31, 1981, an executed waiver of all benefits which might inure to him under Charter Section 8.559. This waiver must be without right of revocation and on a form furnished by the Retirement System. The Retirement Board may require that this waiver be executed by additional persons before it becomes operative. This transfer will be effective July 1, 1980. Those persons so electing to become members under Charter Section 8.586 shall receive service credit under Charter Section 8.586 equal to their service credit under Charter Section 8.559 as of June 30, 1980. Those persons so electing to become members under Charter Section 8.586 shall not be subject to any of those provisions of Charter Section 8.559 as of July 1, 1980. Notwithstanding the provisions of Charter Section 8.526, the cost of living adjustment in any given year prior to January 1, 2000 for those persons electing this transfer to Charter Section 8.586 shall not exceed the provisions of Charter Section 8.526 as they existed on July 1, 1980. Those persons so electing to transfer membership from Charter Section 8.559 to Charter Section 8.586 shall receive a monetary consideration not to exceed $40,000 calculated at the rate of $2,500 for each year of said service credit up to ten years and then at the rate of $1000 for each additional year of said service credit. This monetary consideration shall be paid from said member's contribution account including any interest thereon. When said member's contribution account is depleted, the balance shall be paid from the City and County contributions held by the Retirement System. This consideration shall be payable January 1, 1982. Alternatively, an employee may elect to receive payments according to a schedule established by the Retirement Board. Notwithstanding any other Charter or ordinance provisions, a member transferring pursuant to this section shall be eligible to receive any benefits payable because of an increase in benefits approved by the voters for other members under Charter Section 8.586, provided, however, that said member repays with interest the monetary consideration he or she received in making this transfer, offset by the amount of said member's own account in the Retirement System under Charter Section 8.559. Interest on the repayment amount shall be charged at the rate credited to member accounts from January 1, 1981 until repayment or effective date of retirement. Members shall have the option of making said repayment either through a lump-sum payment, payroll deduction or through an actuarial offset against any benefits payable because of an increase in benefits subsequent to July 1, 1980. The amendments to this section contained in the proposition submitted to the electorate on November 2, 1999 shall apply only to active and retired members on November 2, 1999 and constitute a prospective increase in benefits to such members subject to repayment in accordance with the provisions of the preceding paragraph. Upon repayment, retirees shall have their benefits recalculated under Charter Section 8.586 as in force at the date of their retirement. These recalculated benefits shall be first payable on and after November 2, 1999. No retired member shall become eligible under said amendments for any retroactive payments. Notwithstanding the preceding sentences, the provisions in Charter Section 8.586-3 for recalculation on the date upon which said member would have qualified for service retirement ("QSR") shall use the provisions of Charter Section 8.586 at QSR. (Amended November 1999) A8.559-15 VESTING Should any member of the police department who is a member of the Retirement System under Charter section 8.559, 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. Any member of the police department convicted of a crime involving moral turpitude committed in connection with his or her duties as a member of the police department shall, upon termination of his or her employment pursuant to the provisions of this Charter, forfeit

n of the normal service retirement benefit that his or her accrued service credit bears to 25 years, payable beginning at age 50. Any member of the police department convicted of a crime involving moral turpitude committed in connection with his or her duties as a member of the police department shall, upon termination of his or her employment pursuant to the provisions of this Charter, forfeit all right to any benefits under this section except refund of his or her accumulated contributions.

Every retirement or death allowance payable to or on account of any member under Section 8.559-15 shall be adjusted in accordance with the provisions of Section 8.559-6 provided that if the member's accrued service credit is less than 25 years the section 8.559-6 adjustment will be multiplied by a fraction where the denominator is 25 and the numerator is equal to the member's accrued service credit at the date of termination. A8.560 DEFINITION, MEMBERS OF FIRE AND POLICE 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. A8.561 PENSION PROVISIONS – DEPENDENT OF MEMBERS OF FIRE AND POLICE DEPARTMENTS KILLED IN LINE OF DUTY If a member of the fire or police departments, as defined in the Charter for the purposes of the Retirement System, or a member of the salvage corps in the fire department, or any person employed by the City and County to perform duties now performed under the titles of pilots of fireboats, marine engineer of fireboats, or marine fireman of fireboats, all of whom are hereinafter designated as members, shall die before or after retirement as a result of an injury received in, or illness caused by the performance of his duty, a monthly allowance, in lieu of any allowance payable under any other section of the Charter or by ordinance, shall be paid, beginning on the date next following the date of death, to his surviving wife throughout her life or until her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he had been retired for service on the day of death, but such allowances shall not be less than one-half of the average monthly compensation earnable by said member during the three years immediately preceding death, and if he had retired prior to death, the allowance payable shall be equal to the retirement allowance of the member. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have qualified for service retirement, had he lived and rendered service without interruption in the rank held by him at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the average monthly compensation he would have received during the three years immediately prior to said date, had he lived and rendered service as assumed, but such allowance shall not be less than one-half of such average monthly compensation. If there be no surviving wife entitled to an allowance hereunder, of if she die or remarry before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under the age of 18 years, but leave a parent or parents dependent upon him for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving widow otherwise would have received, during such dependency. No allowance, however, shall be paid under this subsection to a surviving wife following the death of a member unless she was married to the member prior to the date of the injury or onset of the illness which result in death. Benefits provided under this section shall be in lieu of all benefits payable under other sections of the Charter upon death of such member resulting from an injury received in, or illness caused by the performance of duty, except the five hundred dollar benefit payable upon death after retirement. Contributions to provide the allowance under this section shall be made to the San Francisco City and County Employees' Retirement System by the City and County. The amount of the contribution shall be determined and payment to the system shall be made in the same manner as contributions are determined and paid which are required for other benefits provided under the Retirement System for the respective groups of members who are included under this section. Notwithstanding any other provision of this Charter, any member of the salvage corps in the fire department, or any person employed by the City and County to perform duties now performed under the titles of pilot of fire boats, marine engineer of fire boats, or marine fireman of fire boats, who becomes incapacitated for performance of his duty by reason of any bodily injury received in, or illness caused by, the performance of his duty, shall receive the same benefits as members of the fire department who are members of the Retirement System under Section 8.567 of the Charter.

A8.562 CREDIT FOR SERVICE IN UNDERWRITERS' FIRE PATROL Any person who is a member under Section 8.568 on February 1, 1970, and who was employed in the uniformed force of the Underwriters' Fire Patrol of San Francisco prior to becoming such a member shall have the right to elect to make contributions pursuant to this section and to receive credit as service under the Retirement System for all or any part of the time he was so employed. Said election shall be made in writing on a form provided by the Retirement System and filed with the retirement board within 90 days after February 1, 1970. Any such member who elects to make contributions and receive such credit shall contribute to the retirement fund an amount equal to the sum of: (a) contributions computed by applying the rate of contribution applicable to him on the date he elected to receive credit for such service to the monthly compensation earnable by him on said date multiplied by the number of months of such service for which he has elected to receive credit; and (b) interest on the unpaid balance of said contributions, commencing on the date of the member's election to make such contributions, at the rate of interest currently being used from time to time under the Retirement System. Payment of the contributions required by this section shall be made in a lump sum or by installment payments. Installment payments shall be made at times and in a manner fixed by the retirement board, provided that the period for completion of such payments shall not extend beyond the effective date of the member's retirement. Upon completion of payment of contributions in the amount specified in this section, the member shall be credited with service under the Retirement System in an amount equal to the service for which he has elected to receive credit pursuant to this section. The service with which the member is so credited shall be credited as current service. A8.565 MEMBERS OF FIRE DEPARTMENT ON JANUARY 8, 1932 Persons who are members of the fire department on the eighth day of January, 1932, shall become members of the Retirement System on the date, subject only to the following provisions, in addition to the provisions contained in Sections 3.670-3.672, 8.500-8.502, 8.510, 8.511, 8.520, and 8.560 of this Charter. (a) Any member of the fire department who shall have completed 25 years of continuous service as a member of the fire department next preceding the date of his retirement, or any member of the fire department who shall have reached the age of 55 years and shall have completed 20 years of continuous service as a member of the fire department next preceding the date of his retirement, may retire from service at his option. Any member of the fire department who shall become physically disabled by reason of any bodily injury received in the performance of his duty may be retired from service on satisfactory proof thereof. The retirement board, by unanimous vote, may retire from service any aged, disabled or infirm member of the fire department who has arrived at the age of 60 years and who has completed 20 years of continuous service as a member of the department next preceding such age, who may be ascertained to be, by reason of such age, infirmity or other disability, unfit for the performance of his duties. Such retired member shall receive a monthly pension, payable throughout his life, equal to one-half the amount of the salary attached to the rank held by him three years prior to the date of his retirement hereinafter referred to as "pension" in this and the following section; provided that where such retirement is based on disability alone, in case the disability of such member shall cease, his pension shall cease, and he shall be restored to service in the rank he occupied at the time of his retirement. Should any said retired member die leaving a widow, who shall have been married to the decedent at least one year prior to the date of his retirement, such widow shall, as long as she may live and remain unmarried, be paid said pension; provided, further, that the widow of any said retired member who married said member after the effective date of his retirement and at least one year prior to his death shall be paid pension for time after December 31, 1974, as long as she may live and remain unmarried; provided, further, that should widow die leaving a child or children under the age of 16 years, said pension shall continue to be paid such children collectively until the youngest child arrives at the age of 16 years; and provided further, that should said retired member die leaving no widow but leaving an orphan child or children under the age of 16 years, such child or children collectively shall receive said pension until the youngest child attains the age of 16 years. (b) The family of any member of the fire department who shall die as a result of any injury received during the performance of his duty, or from sickness clearly, unmistakably and directly caused by and resulting from the discharge of such duty, or while eligible for a pension on account of years of service in the department, or who has served 20 consecutive years in the department and attained the age of 55 years, shall receive the following benefits.

First, should the decedent leave a widow to whom he was married prior to the date of the injury resulting in death, his widow shall, as long as she may live and remain unmarried, be paid a monthly pension equal to one- half of the salary attached to the rank held by the decedent at the time of his said injury; provided that the widow of any said retired member who married said member after the effective date of his retirement and at least one year prior to his death shall be paid pension for time after December 31, 1974, as long as she may live and remain unmarried; provided, however, that should said widow die, leaving a child or children under the age of 16 years, said pension shall continue to such child or children collectively until the youngest child arrives at the age of 16 years. Second, should the decedent leave no widow, but leave an orphan child or children under the age of 16 years, such child or such children collectively shall receive said pension until the youngest child attains the age of 16 years. Third, should the decedent leave no widow and no orphan child or children, but leave a parent or parents dependent solely upon him for support, such parents so depending shall collectively receive said pension during such time as the retirement board may unanimously determine its necessity. (c) When any member of the department shall die from natural causes and before retirement, and when no pension is payable to his widow or children, there shall be paid to his estate or beneficiary a death benefit, 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 death benefit upon the death of other retired members. (d) In addition to the other contributions required of the City and County under the Retirement System, the City and County shall contribute to the Retirement System during each fiscal year a sum which shall be equal to the liabilities accruing under the Retirement System because of service rendered during such year by persons becoming members on the eighth day of January, 1932, under this section. If, subsequent to such fiscal year, it shall be determined that such contribution by the City and County was not sufficient to meet such liability, then the City and County shall make such additional contribution as may be necessary to make up the deficit. (e) No benefits shall be provided under the Retirement System for, nor shall any contributions be required of, persons who become members of the Retirement System under this section, in addition to the benefits specifically provided and contributions specifically required in such section. Any pension payable because of the death or retirement of any such person shall be reduced in the manner fixed by the Board of Supervisors, by the amount of any benefits payable to or on account of such person, under the Workers' Compensation Insurance and Safety Law of the State of California. (f) Persons who are members of the fire department on the eighth day of January, 1932, shall have the option, to be exercised in writing on or before the first day of July, 1932, of becoming members of the Retirement System under the provisions of Section 8.567, which applies to persons who become members of the department after the eighth day of January, 1932. If such persons shall affirmatively exercise such option within the time specified, then they shall not receive any benefit under this section, but shall become members of the Retirement System and shall receive benefits and make contributions on the same basis as persons who become members of the department after the eighth day of January, 1932, provided that a pension for each person affirmatively exercising such option shall be payable on account of service rendered to the City and County prior to the eighth day of January, 1932, by contributions of the City and County, which pension shall be the same percentage, regardless of the age of retirement of his final compensation, as defined by the Board of Supervisors, for each year of service, as the contributions of the member and the City and County are calculated to provide upon retirement at age 55 for each year of service rendered as a member of the Retirement System. The amendments of Subsections (a), and (b), of this section contained in the proposition therefor submitted to the electorate on November 5, 1974, do not and shall not give any person any claim against the City and County for any pension for time prior to January 1, 1975. A8.566 FIRE DEPARTMENT – RETIRED MEMBERS AND BENEFICIARIES ON JANUARY 8, 1932 Any member of the fire department who shall have been retired on or after January 21, 1925, or prior to January 1, 1900, 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 eighth day of January, 1932, shall continue to receive such pension subject to the provisions of Section 8.565 governing the payment of pensions to retired members, widows, children and parents. Any member of the fire department who shall have been retired on or after the first day of January, 1900, and prior to the 21st day of January, 1925, and shall be receiving a pension on the eighth day of January, 1932, shall continue to receive such pension throughout his life, subject to the provisions of Section 8.565 governing the payment of pensions granted because of disability incurred in the performance of duty, including the payment o

ve been retired on or after the first day of January, 1900, and prior to the 21st day of January, 1925, and shall be receiving a pension on the eighth day of January, 1932, shall continue to receive such pension throughout his life, subject to the provisions of Section 8.565 governing the payment of pensions granted because of disability incurred in the performance of duty, including the payment of such pension to widows, children and parents of deceased members who had been retired because of such disability. Such pensions 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.

A8.567 MEMBERS OF THE FIRE DEPARTMENT – 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. A8.568 MEMBER OF THE FIRE DEPARTMENT AFTER JULY 1, 1949 Members of the fire department, as defined in Section 8.569, who are members of the Retirement System under Sections 8.507, 8.509, or 8.567 of the Charter on the first day of July, 1949, and persons who become members of said department after said date, shall be members of the Retirement System under this Section 8.568 on and after said date, and shall be subject to the following provisions of Section 8.568 and Sections 8.569, 8.570, 8.571, 8.572, 8.573, 8.575, 8.576, 8.577, 8.578, 8.579, 8.580, 8.581 in addition to the provisions contained in Sections 3.670-3.672, 8.500-8.504, 8.506, 8.510 and 8.520 of this Charter notwithstanding the provisions of any other section of the Charter. Members of the said department who are members of the Retirement System under Sections 8.507 or 8.509 of the Charter, on July 1, 1950, however, shall have the option to be exercised in writing, on a form furnished by the Retirement System and to be filed at the office of said system not later than 90 days after said date, of being members of the system under Sections 8.507 or 8.509 instead of Section 8.568, the election under said option to be effective on said date, provided, that members who are absent by reason of service in the armed forces of the United States or by reason of any other service included in Section 8.520 of the Charter, on July 1, 1949, shall have the same option of electing to be members under Sections 8.507 or 8.509, as the case may be, instead of Section 8.568 until 90 days after their return to service in the fire department. On and after said date the persons who affirmatively exercise said option, shall continue to be members of the system under Section 8.507 or 8.509, respectively, and shall not be subject to any of the provisions of Section 8.568. A8.569 DEFINITIONS 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: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the fire department, but excluding remuneration paid for overtime. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him during such period, it being assumed that during any absence he was in the rank or position held by him at the beginning of the absence, and that prior to becoming a member of the fire department, he was in the rank or position first held by him in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the monthly compensation earnable by a member at the time of his retirement, or death before retirement, as the case may be, at the rate of remuneration attached at that time to the rank or position which said member held, provided that said member has held said rank or position for at least one year immediately prior to said retirement or death; and provided, further, that if said member has not held said rank or position for at least one year immediately prior to said retirement or death, "final

compensation," as to such member, shall mean the monthly compensation earnable by such member in the rank or position next lower to the rank or position which he held at the time of retirement or death at the rate of remuneration attached at the time of said retirement or death to said next lower rank or position; provided, however, that in the case of a member's death before retirement as the result of a violent traumatic injury received in the performance of his duty, "final compensation," as to such member shall mean the monthly compensation earnable by such member at the rate of remuneration attached on the date he receives such injury to the rank or position held by such member on that date. The amendment of the definition of "final compensation" contained in the proposition therefor submitted to the electorate on June 6, 1972, shall be retroactive and shall be applicable to any death allowance first effective on or after July 1, 1971. Said amendment does not and shall not increase any death allowance first in effect prior to July 1, 1971, nor shall said amendment give any person receiving a death allowance, or his successors in interest any claim against the City and County for any increase in any death allowance paid or payable for time prior to July 1, 1971. For the purpose of the Retirement System and of this section, the terms "member of the fire department," "member of the department," or "member" shall mean any officer or employee of the fire department, excluding such officers and employees as are members of the Retirement System under Section 8.565 of the Charter, who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department, and said terms further shall mean, from the effective date of their employment in said department, persons employed on July 1, 1949, or employed thereafter, regardless of age, to perform the duties performed under the titles of pilot of fireboats or marine engineer of fireboats, or employed after July 1, 1949, at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform the duties now performed by members of the salvage corps in the fire department, or duties now performed under the title of hydrant-gateman. Any fire service performed by such member of the fire department outside the limits of the City and County 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. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section 8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. A8.570 SERVICE RETIREMENT Any member of the fire department who completes at least 25 years of service in the aggregate and attains the age of 50 years, said service to be computed under Section 8.578, may retire for service at his option. Members shall be retired on the first day of the month next following the attainment by them of the age of 65 years. A member retired after meeting the service and age requirements in the two sentences next preceding, shall receive a retirement allowance equal to 55 percent of the final compensation of said member, as defined in Section 8.569, plus an allowance at the rate of three percent of said final compensation, for each year of service rendered in excess of 25 years; provided, however, that such retirement allowance shall not exceed 70 percent of said member's final compensation. A member retired after attaining the age of 65 years, but before completing 25 years of service in the aggregate computed under Section 8.578, shall receive a retirement allowance which bears the same ratio to 50 percent of the final compensation of said member, as defined in Section 8.569, as the service with which he is entitled to be credited, bears to 25 years. If, at the date of retirement for service, or retirement for disability resulting from an injury received in performance of duty, said member has no wife, children or dependent parents, who would qualify for the continuance of the allowance after death of said member, or with respect to the portion of the allowance which would not be continued regardless of dependents, or upon retirement for disability resulting from other causes, with respect to all of the allowance and regardless of dependents at retirement, a member retired under this section, or Section 8.571, may elect before the first payment of the retirement allowance is made, to receive the actuarial equivalent of his allowance or the portion which would not be continued regardless of dependents, as the case may be, partly in a lesser allowance to be received by him throughout his life, and partly in other benefits payable after his death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar election by other members of the Retirement System, including the character and amount of such other benefits. A8.571 RETIREMENT FOR INCAPACITY Any member of the fire department who becomes incapacitated for the performance of his duty by reason of any bodily injury received in, or illness caused by performance of his duty, shall be retired. If he is not qualified for service retirement, he shall receive a retirement

allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section 8.569, as his percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeal Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section 8.569. Said allowance shall be paid to him until the date upon which said member would have qualified for service retirement had he lived and rendered service without interruption in the rank held by him at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section 8.569, he would have received immediately prior to said date, had he lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such final compensation. If at the time of retirement because of disability, he is qualified as to age and service for retirement under Section 8.570, he shall receive an allowance equal to the retirement allowance which he would receive if retired under Section 8.570, but not less than 55 percent of said final compensation. Any member of the fire department who becomes incapacitated for performance of his duty, by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section 8.578, shall be retired upon an allowance of one and one-half percent of the final compensation of said member as defined in Section 8.569 for each year of service, provided that said allowance shall not be less than 33% percent of said final compensation; provided, however, that if such member has completed at least 25 years of service in the aggregate, computed as provided in Section 8.578, but has not yet attained the age of 50 years, he shall receive an allowance equal to the retirement allowance he would have received if he had attained the age of 50 years and retired under Section 8.570 as of the date of retirement for such incapacity. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the fire commission, or by said member or his guardian. If his disability shall cease, his retirement allowance shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement. The amendments of this Section 8.571 contained in the proposition therefor submitted to the electorate on November 7, 1972, are hereby declared to be retroactive and shall be applicable to members who retired after October 1, 1970. A8.572 DEATH ALLOWANCE If a member of the fire department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his duty, a death allowance, in lieu of any allowance payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his surviving wife throughout her life or until her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he had been retired for service on the day of death, but such allowances shall not be less than 55 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the final compensation of said member at the date of death, until the date upon which said member would have qualified for service retirement, had he lived and rendered service without interruption in the rank held by him at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he would have received immediately prior to said date, had he lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such monthly final compensation. If he had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member except that if he was a member under Section 8.568 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be reduced upon the date at which said member would have qualified for service retirement, in the same manner as it would have been reduced had the member not died. If there be no surviving wife entitled to an allowance hereunder, or if she die or remarry before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under the age of 18 years, but leave a parent or parents dependents

e received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under the age of 18 years, but leave a parent or parents dependents upon him for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving widow otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving wife following the death of a member unless she was married to the member prior to the date of the injury or onset of the illness which results in death. A8.573 PAYMENTS TO SURVIVING DEPENDENTS Upon the death of a member of the fire department resulting from any cause, other than an injury received in or illness caused by performance of duty: (a) if his death occurred after qualification for service retirement, under Section 8.570, or after retirement for service or because of disability which resulted from any cause other than an injury received in, or illness caused by performance of duty, three-fourths of his

retirement allowance to which the member would have been entitled if he had retired for service at the time of death or three-fourths of the retirement allowance as it was at his death, as the case may be, shall be continued throughout life or until remarriage, to his surviving wife; or (b) if his death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, three-fourths of the retirement allowance to which he would have been entitled under Section 8.570 if he had attained the age of 50 years on the date of his death shall be continued throughout life or until remarriage to his surviving wife; or (c) if his death occurred after retirement for disability by reason of injury received in, or illness caused by performance of duty, his retirement allowance as it was at his death shall be continued throughout life or until remarriage, to his surviving wife, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date of which said member would have qualified for service retirement, in the same manner as it would have been adjusted had the member not died; or (d) if his death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section 8.578, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section 8.571 if he had retired on the date of death because of incapacity for performance of duty resulting from a cause other than bodily injury received in, or illness caused by performance of duty shall be paid throughout life or until remarriage to his surviving wife. If there be no surviving wife entitled to an allowance hereunder, or if she die or remarry before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving wife otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving wife unless she was married to the member prior to the date of the injury or onset of the illness which results in death if he had not retired, or unless she was married to the member at least one year prior to his death if he had retired. As used in this section and in Section 8.572, "surviving wife" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving wife, in the event of death of the member after qualification for but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section 8.576, in lieu of the allowance which otherwise would be continued to her under this section. If there be no surviving wife, the guardian of the eligible child or children may make such election, and if there be no such children, the dependent parent or parents may make such election. Persons heretofore retired under Charter Section 8.567, as members of the fire department at the time of retirement, shall be subject to the provisions of this section. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section 8.568 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section 8.578. The amendments of this Section 8.573 contained in the proposition therefor submitted to the electorate on November 7, 1972, are hereby declared to be retroactive and shall be applicable to members who died after October 1, 1970. A8.574 ADJUSTMENT OF ALLOWANCES Every allowance based on the average monthly compensation earnable by the member during the 10 years prior to retirement, and payable for time commencing on February 1, 1957, to or on account of persons who were retired, as members under Section 8.567, for disability resulting from bodily injury received in the performance of duty, shall be adjusted to the amount it would be, if it had been based on the monthly compensation fixed by the Board of Supervisors as of July 1, 1956, for the rank or position held by such retired member in the fire department prior to retirement. This section does not authorize any decrease in any allowance from the amount being paid as of February 1, 1957, nor does this section give any retired member, or any beneficiary of such member, or his successors in interest, any claim against the City and County for any increase in any allowance paid or payable for the time prior to February 1, 1957. Adjustment in reserves under allowances which are changed according to this section, shall be made on the basis of current interest rate and mortality tables. The increase in the retirement allowance shall be apportioned according to service rendered by the member in the same manner that the allowance prior to increase was apportioned. Contributions to the Retire

time prior to February 1, 1957. Adjustment in reserves under allowances which are changed according to this section, shall be made on the basis of current interest rate and mortality tables. The increase in the retirement allowance shall be apportioned according to service rendered by the member in the same manner that the allowance prior to increase was apportioned. Contributions to the Retirement System, necessary for the payment of the increase of the portion of the retirement allowances which is paid from reserves held by the Retirement System, shall be provided from the reserves held by the Retirement System on account of members under Section 8.568, the necessary amount being transferred upon February 1, 1957, from said reserves to the reserves held by the Retirement System to meet the obligations on account of benefits that have been granted and on account of prior service of members. The contribution being required of the City and County currently, as a percentage of salaries of persons who are members under Section 8.568, shall be increased to a percentage determined by the actuary as necessary to replace the reserves so transferred. Contributions to the Retirement System necessary for the payment of said increases with reference to current and prior service portions of the allowance which are not paid from reserves held by the Retirement System, shall be paid to the system by the City and County by annual appropriations, provided that such appropriation for any year shall not be less than the amount

disbursed during that year on account of said increases. A8.575 ADJUSTMENT FOR COMPENSATION PAYMENTS 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. A8.576 DEATH BENEFIT 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. A8.577 REFUNDS AND REDEPOSITS 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. A8.578 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the fire 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 service while he 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 fire or police department. (b) Time during which said member is entitled to receive compensation while a member of the Retirement System, because of service rendered in other offices and departments prior to July 1, 1949, provided that accumulated contributions on account of such service, previously refunded, are redeposited, with interest from date of refund to date of redeposit, at times and in the manner fixed by the retirement board and solely for purpose of determining qualification for retirement under Section 8.571 for disability not resulting from injury received in, or illness caused by performance of duty, time during which said member serves, after July 1, 1949, and receives

compensation because of services rendered in other offices and departments. (c) Time during which said member is absent from a status included in Subsections (a) and (b) 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 Section 8.520 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 account. A8.579 SOURCES OF FUNDS All payments provided for members under Section 8.568 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) The normal rate of contribution of each member under this section shall be based on his age taken to the next lower complete quarter year, (1) at the earlier of the dates he became a member under Section 8.507, 8.509 or 8.567, in the case of persons who are members under these sections, or (2) on his age at the date he becomes a member under Section 8.568 in the case of persons who become members on or after July 1, 1949, without credit for service counted under Section 8.578. The age of entrance into the fire department shall be determined by deducting the member's service credited under Section 8.578 as rendered prior to the date upon which his age is based for determination of his rate of contribution according to the sentence next preceding, from said age. The normal rate of contribution of each such member, to be effective from the effective date of membership under Section 8.568, shall be such as, on the average for such member, will provide, assuming service without interruption, under Section 8.570, one-third of that portion of the service retirement allowance to which he would be entitled, without continuance to dependents, upon first qualifying as to age and service, for retirement under that section, which is based on service rendered after the date upon which his age is based for determination of his rate of contribution according to the first sentence in this paragraph, and assuming the contribution to be made from that date. The normal rate of contribution, however, shall not exceed six percent. (b) The dependent contributions of each member under this section which shall be required of each member throughout his membership in addition to the normal contributions, and in the same manner as normal contributions, shall be such as, on the average for such member, will provide, assuming service without interruption under Section 8.570, and upon his first qualifying as to age and service for retirement under that section, one-third of the portion of his allowance, which is to be continued under Section 8.573 after his death and throughout the life of a surviving wife whose age at said death is three years less than the age of said member. If, at the date of retirement for service or retirement for disability resulting from injury received in performance of duty, said member has no wife who would qualify for the continuance of the allowance to her after the death of said member, or upon retirement for disability resulting from other causes, regardless of his marital condition, the dependent contributions with accumulated interest thereon, shall be paid to him forthwith. The dependent rate of contribution, however, shall not exceed the difference between six percent and the member's normal rate of contributions, and said dependent rate may be taken as a flat percentage of the member's normal rate, regardless of the age of qualification for service retirement. (c) There shall be deducted from each payment of compensation made to a member under this section, a sum determined by applying the member's rates of contribution to such compensation payment. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his estate or beneficiary as provided in Sections 8.576, 8.577 and 8.578. (d) Contributions based on time included in Subsections (a), (b) and (c) of Section 8.578, and deducted prior to July 1, 1949, from compensation of persons who become members under Section 8.568, and standing with interest thereon, to the credit of such members on the records of the Retirement System on said date, shall continue to be credited to the individual accounts of said members and shall be combined with and administered in the same manner as the contributions deducted after said date. (e) The total contributions, with interest thereon, made by or charged against the City and County and standing to its credit, in the accounts of the Retirement System, on account of persons who become members under Section 8.568, shall be applied to provide the benefits under said section. (f) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in the preceding paragraphs of this Section 8.579, to provide the benefits payable under this section. Such contributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by each member prior to the date upon which his age is based for determination of his rate of contribution in Subsection (a) Section 8.579, shall not be less during any fiscal year than the amount of such benefits paid during said year. Such contributions of the City and Co

ontributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by each member prior to the date upon which his age is based for determination of his rate of contribution in Subsection (a) Section 8.579, shall not be less during any fiscal year than the amount of such benefits paid during said year. Such contributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by respective members on and after the date stated in the next preceding sentence, shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year, to persons who are members under Section 8.568, said percentage to be the ratio of the value on July 1, 1949, or at the later date of a periodical actuarial valuation and investigation into the experience under the system, of the benefits thereafter to be paid under this section, from contributions of the City and County, less the amount of such contributions, and plus accumulated interest thereon, then held by said systems to provide said benefits on account of service rendered by respective members after the date stated in the sentence next preceding, to the value of said respective dates of

salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuation shall be made every even- numbered year and said investigation into the experience under the system shall be every odd-numbered year. (g) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies the contributions of both members and the City and County held by the system to provide the benefits under this section, shall be a part of the fund in which all other assets of said system are included. Nothing in this section shall affect the obligations of the City and County to pay to the Retirement System any amounts which may or shall become due under the provisions of the Charter prior to July 1, 1949, and which are represented on said effective date, in the accounts of said system by debits against the City and County. A8.580 RIGHT TO RETIRE 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. A8.581 LIMITATION ON EMPLOYMENT DURING 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. A8.582 DEFINITION OF "FINAL COMPENSATION" – ALLOWANCES FIRST PAYABLE PRIOR TO JULY 1, 1975 Notwithstanding any other provision of this Charter, but solely with respect to the determination of the amount of each retirement allowance payable to or on account of a person who retired for service or because of disability under the provisions of Section 8.568 of the Charter prior to July 1, 1975, "final compensation," for time commencing on July 1, 1975, shall mean the rate of remuneration (excluding remuneration for overtime) attached on July 1, 1975 to the rank or position upon which such person's retirement allowance was determined when first effective; provided, further, that each such allowance shall be increased or decreased as of July 1, 1990, and thereafter on the effective date of any legislation fixing the rates of compensation for firefighters under section 8.405 of this Charter by an amount equal to 50% of the rate of change in the salary attached to said rank multiplied by the allowance which was payable for the month immediately preceding each July 1. This section does not give any person retired under the provisions of said Section 8.568, 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 July 1, 1975. This section does not authorize any decrease in the amount of any allowance from the amount being paid as of June 30, 1975. No retirement allowance to which the definition of "final compensation" as set forth in this section is applicable shall be subject to adjustment under the provisions of Section 8.526 for time commencing July 1, 1975. Contributions, with interest credited thereon, standing to the credit of a person whose retirement allowance is subject to the provisions of this section and which were made by such person pursuant to the provisions of Section 8.526 shall, effective July 1, 1975, be combined with and administered in the same manner as such person's normal contributions. Contributions, with interest credited thereon, made by or charged against the City and County and standing to its credit on account of a person whose retirement allowance is subject to the provisions of this section and which were made by or charged against the City and County for the purposes of said Section 8.526 shall be applied to provide the benefits under this section.

A8.584 RETIREMENT – MISCELLANEOUS OFFICERS 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. A8.584-1 DEFINITIONS 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: "Retirement allowance," or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the workers' compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this section, but excluding remuneration for overtime. "Compensation earnable" shall mean the compensation as determined by the retirement board, which would have been earned by the member had he worked, throughout the period under consideration, the average number of days ordinarily worked by persons in the same grade or class of positions as the positions held by him during such period and at the rate of pay attached to such positions, it being assumed that during any absence, he was in the position held by him at the beginning of the absence, and that prior to entering City service, he was in the position first held by him in City service. "Benefit" shall include "allowance," "retirement allowance," and "death benefit." "Average final compensation" shall mean the average monthly compensation earned by a member during any three consecutive years of credited service in the Retirement System in which his average final compensation is the highest. For the purposes of the Retirement System and of this section, Section 8.584 and Sections 8.584-2 through 8.584-12, the terms "miscellaneous officer or employee," or "member," shall mean any officer or employee employed after November 1, 1976 who is not a member of the police or fire departments as defined in the Charter for the purposes of the Retirement System, provided that said terms shall not include those persons who become members under the Public Employees' Retirement System of the State of California pursuant to Section 8.506 of this Charter or members of State Teachers' Retirement System of the State of California pursuant to Section 8.506- 1 of this Charter. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section 8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. A8.584-2 SERVICE RETIREMENT Any member who completes at least 20 years of service in the aggregate credited in the Retirement System and attains the age of 50 years, or at least 10 years of service in the aggregate credited in the Retirement System, and attains the age of 60 years, said service to be computed under Section 8.584-7 may retire for service at his option. Members shall be retired on the first day of the month next following the attainment by them of the age of 65 years. A member retired after reaching the age of 60 years shall receive a service retirement allowance at the rate of 12/3 percent of said average final compensation for each year of service; provided, however, that upon the compulsory retirement of a member upon his attainment of the age of 65 years, if the allowance available to such member pursuant to the provisions of Section 8.584-6 shall be greater in amount than the service retirement allowance otherwise payable to such member under this section, then such member shall receive as his service retirement allowance, in lieu of the allowance otherwise payable under this section, an allowance computed in accordance with the formula provided in said Section 8.584-6. The service

retirement allowance of any member retiring prior to attaining the age of 60 years, and after rendering 20 years or more of such service, computed under Section 8.584-7, and having attained the age of 50 years, shall be an allowance equal to the percentage of said average final compensation set forth opposite his age at retirement, taken to the preceding completed quarter year, for each year of service, computed under Section 8.584-7: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 1.0000 50¼ 1.0167 50½ 1.0333 50¾ 1.0500 51 1.0667 51¼ 1.0833 51½ 1.1000 51¾ 1.1167 52 1.1333 52¼ 1.1500 52½ 1.1667 52¾ 1.1833 53 1.2000 53¼ 1.2167 53½ 1.2333 53¾ 1.2500 54 1.2667 54¼ 1.2833 54½ 1.3000 54¾ 1.3167 55 1.3333 55¼ 1.3500 55½ 1.3667 55¾ 1.3833 56 1.4000 56¼ 1.4167 56½ 1.4333 56¾ 1.4500 57 1.4667 57¼ 1.4833 57½ 1.5000 57¾ 1.5167 58 1.5333 58¼ 1.5500 58½ 1.5667 58¾ 1.5833 59 1.6000 59¼ 1.6167 59½ 1.6333 59¾ 1.6500 60 1.6667

In no event shall a member's retirement allowance exceed seventy percent of his average final compensation. Before the first payment of a retirement allowance is made, a member, retired under this section or Section 8.584-3, may elect to receive the actuarial equivalent of his allowance, partly in an allowance to be received by him throughout his life, and partly in other benefits payable after his death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar elections by other members of the Retirement System, including the character and amount, of such other benefits; provided, however, that at any time within 30 days after the date on which his compulsory retirement would otherwise have become effective, a member who has attained the age of 65 years may elect, without right of revocation, to withdraw his accumulated contributions, said election to be exercised in writing on a form furnished by the Retirement System and filed at the office of said system and a member so electing shall be considered as having terminated his membership in said system on the date immediately preceding the date on which his compulsory retirement would otherwise have become effective and he shall be paid forthwith his

accumulated contributions, with interest credited thereon. Notwithstanding the provisions of Section 8.514 of this Charter, the portion of service retirement allowance provided by the City and County's contributions shall be not less than $100 per month upon retirement after thirty years of service and after attaining the age of 60 years, and provided further that as to any member within 15 years or more of service at the compulsory retirement age of 65, the portion of the service retirement allowance provided by the City and County's contribution shall be such that the total retirement allowance shall not be less than $100 per month. In the calculations under this section of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed for each class of service, the average final compensation in each case being that for the respective class of service, provided that the aggregate retirement allowance shall be taken into account in applying the provisions of this section providing for a minimum retirement allowance. Part-time service and compensation shall be reduced to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so reduced shall be applied on full-time service and compensation in the calculation of retirement allowances. A8.584-3 RETIREMENT FOR INCAPACITY Any member who becomes incapacitated for performance of duty because of disability determined by the retirement board to be of extended and uncertain duration, and who shall have completed at least 10 years of service credited in the aggregate, computed as provided in Section 8.584-7, shall be retired upon an allowance of 1½ percent of the average final compensation of said member, as defined in Section 8.584-1 for each year of credited service, if such retirement allowance exceeds one-third of his average final compensation; otherwise 1½ percent of his average final compensation multiplied by the number of years of City service which would be credited to him were such City service to continue until attainment by him of age 60, but such retirement allowance shall not exceed one- third of such average final compensation. In the calculation under this section of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed, for each class of service, the average final compensation in each case being that for the respective class of service; provided that the average final compensation upon which the minimum total retirement allowance is calculated in such case shall be based on the compensation earnable by the member in the classes of service rendered by him during the three years immediately preceding his retirement. Part-time service and compensation shall be reduced to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so reduced shall be applied as full-time service and compensation in the calculation of retirement allowances. The question of retiring a member under this subsection may be brought before the retirement board on said board's own motion, by recommendation of any commission or board, or by said member or his guardian. If his disability shall cease, his retirement allowance shall cease, and he shall be restored to service in the position or classification he occupied at the time of his retirement. A8.584-4 NO ADJUSTMENT FOR COMPENSATION PAYMENTS 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. A8.584-5 DEATH BENEFIT If a member shall die, before retirement: (a) If no benefit is payable under subsection (b) of this section: (1) Regardless of cause, a death benefit shall be paid to the member's estate or designated beneficiary consisting of the compensation earnable by the member during the six months immediately preceding death, plus the member's contributions and interest credited thereon. (2) If a member sustains a traumatic bodily injury through external and violent means in the course and scope of employment and death results within 180 days of such injury, an additional insurance benefit of 12 months of compensation earnable shall be paid to the member's estate or designated beneficiary. (b) If, at the date of his death, he was qualified for service retirement by reason of service and age under the provisions of Section 8.584-2, and he has designated as beneficiary his surviving spouse, who was married to him for at least one full year immediately prior to the date of his death, one-half of the retirement allowance to which the member would have been entitled if he had retired for service on the date of his death shall be paid to such surviving spouse who was his designated beneficiary at the date of his death, until such spouse's death or remarriage, or if there be no surviving spouse, to the unmarried child or children of such member under the age of 18 years, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If, at the death of such surviving spouse, who was receiving an allowance under this Subsection (b), there be one or more unmarried children of such member under the age of 18 years, such allowance shall continue to such child or children, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If the total of the payments of allowance made pursuant to this Subsection (b) is less than the b

e unmarried children of such member under the age of 18 years, such allowance shall continue to such child or children, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If the total of the payments of allowance made pursuant to this Subsection (b) is less than the benefit which was otherwise payable under Subsection (a) of this section, the amount of said benefit payable under Subsection (a) less an amount equal to the total of the payments of allowance made pursuant to this Subsection (b) shall be paid in a lump sum as follows: (1) If the person last entitled to said allowance is the remarried surviving spouse of such member, to such spouse. (2) Otherwise, to the surviving children of the member, share and share alike, or if there are no such children, to the estate of the person last entitled to said allowance.

The surviving spouse may elect, on a form provided by the Retirement System and filed in the office of the Retirement System before the first payment of the allowance provided herein, to receive the benefit provided in Subsection (a) of this section in lieu of the allowance which otherwise would be payable under the provisions of this subdivision. If a surviving spouse, who was entitled to make the election herein provided, shall die before or after making such election but before receiving any payment pursuant to such election, then the legally appointed guardian of the unmarried children of the member under the age of 18 years may make the election herein provided before any benefit has been paid under this section, for and on behalf of such children if in his judgment it appears to be in their interest and advantage, and the election so made shall be binding and conclusive upon all parties in interest. If any person other than such surviving spouse shall have and be paid a community property interest in any portion of any benefit provided under this section, any allowance payable under this Subsection (b) shall be reduced by the actuarial equivalent, at the date of the member's death, of the amount of benefits paid to such other person. 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 in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members. Upon the death of a member after retirement, an allowance, in addition to the death benefit provided in the immediately preceding paragraph, shall be paid to his surviving spouse, until such surviving spouse's death or remarriage, equal to one-half of his retirement allowance as it was prior to optional modification and prior to reduction as provided in Subsection (a) of Section 8.514 of this Charter, but exclusive of the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this paragraph to a surviving spouse unless such surviving spouse was married to said member at least one year prior to his retirement. If such retired person leaves no such surviving spouse, or if such surviving spouse should die or remarry before every child of such deceased retired person attains the age of 18 years, the allowance which such surviving spouse would have received had he or she lived and not remarried shall be paid to retired person's child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. The amendments of this section contained in the proposition submitted to the electorate on November 6, 1984 are hereby declared to be prospective and shall not give any person a claim against the City and County relating to a death prior to ratification of this amendment by the State Legislature. A8.584-6 BENEFITS UPON TERMINATION OF MEMBERSHIP Should any miscellaneous member cease to be employed as such a member, through any cause other than death or retirement, all of his contributions, with interest credited thereon, shall be refunded to him subject to the conditions prescribed by the Board of Supervisors to cover similar terminations of employment and re-employment with and without redeposit of withdrawn accumulated contributions of other members of the Retirement System, provided that, if such member is entitled to be credited with at least five years of service, he shall have the right to elect, without right of revocation and within 90 days after said termination of service, or if the termination was by lay-off, 90 days after the retirement board determines the termination to be permanent, whether to allow his accumulated contributions to remain in the retirement fund and to receive benefits only as provided in this paragraph. Failure to make such election shall be deemed an irrevocable election to withdraw his accumulated contributions. A person who elects to allow his accumulated contributions to remain in the retirement fund shall be subject to the same age requirements as apply to other members under Section 8.584 for service retirement but he shall not be subject to a minimum service requirement. Upon the qualification of such member for retirement by reason of age, he shall be entitled to receive a retirement allowance which shall be the actuarial equivalent of his accumulated contributions and an equal amount of the contributions of the City and County, plus 12/3 percent of his average final compensation for each year of service credited to him as rendered prior to his first membership in the Retirement System. Upon the death of such member prior to retirement, his contributions with interest credited thereon shall be paid to his estate or designated beneficiary. A8.584-7 COMPUTATION OF SERVICE The following time and service shall be included in the computation of the service to be credited to a member for the purpose of determining whether such member qualifies for retirement and calculating benefits: (a) Time during which said member is a member of the Retirement System under Section 8.584 and during and for which said member is entitled to receive compensation because of services as a miscellaneous officer or employee. (b) Service in the fire and police departments which is not credited as service as a member under Section 8.584 shall count under this section upon transfer of a member of either of such departments to employment entitling him to membership in the Retirement System under Section 8.584, provided that the accumulated contributions standing to the credit of such member shall be adjusted by refund to the member or by payment by the member to bring the account at the time of such transfer to the amount w

n 8.584 shall count under this section upon transfer of a member of either of such departments to employment entitling him to membership in the Retirement System under Section 8.584, provided that the accumulated contributions standing to the credit of such member shall be adjusted by refund to the member or by payment by the member to bring the account at the time of such transfer to the amount which would have been credited to it had the member been a miscellaneous member throughout the period of his service in either of such departments at the compensation he received in such departments. (c) Time prior to November 2, 1976, during which said member was entitled to receive compensation while a miscellaneous member under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the retirement board. (d) Prior service determined and credited as prescribed by the Board of Supervisors for persons who are members under Section 8.507. (e) The Board of Supervisors, by ordinance enacted by a three-fourths vote of its members, may provide for the crediting as service,

rendered as an employee of the federal government and service rendered as an employee of the State of California or any public entity or public agency in the State of California. Said ordinance shall provide that all contributions required as the result of the crediting of such service shall be made by the member and that no contributions therefor shall be required of the City and County. (f) Time during which said member is absent from a status included in Subsections (a) or (b) next preceding which is not deemed absence from service under the provisions of Section 8.520 of the Charter and for which such member is entitled to receive credit as service for the City and County by virtue of contributions made in accordance with the provisions of such section. A8.584-8 SOURCES OF FUNDS All payments provided for members under Section 8.584 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section 8.584 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section 8.584, or shall be paid to said member or his estate or beneficiary as provided in Sections 8.584-5 and 8.584-6. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section 8.584-8, to provide the benefits payable to members under Section 8.584. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section 8.584, said percentage to be the ratio of the value on November 2, 1976, or at the later date of a periodical actuarial valuation and investigation into the experience under the system, of the benefits thereafter to be paid to or on account of members under Section 8.584 from contributions of the City and County, less the amount of such contributions, plus accumulated interest thereon, then held by said system to provide said benefits on account of service rendered by respective members after said date, to the value at said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuation shall be made every even-numbered year and said investigation into the experience under the system shall be made every odd-numbered year. (c) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section 8.584 shall be a part of the fund in which all other assets of said system are included. A8.584-9 RIGHT TO RETIRE 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) A8.584-10 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section 8.511 of this Charter and Section 8.511 of this Charter and Subsection (b) of this section, no person retired as a member under Section 8.584 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him to membership in the Retirement System under Section 8.584, he shall re-enter membership under Section 8.584 and his retirement allowance shall be cancelled immediately upon such re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contribution of such member shall be the same as that for other members under Section 8.584. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his annuity

ancelled immediately upon such re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contribution of such member shall be the same as that for other members under Section 8.584. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his annuity at the time of his re-entry, but the amount thereof shall not exceed the amount of his accumulated contributions at the time of his retirement. Such member shall also receive credit for his service as it was at the time of his retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for service or disability engage in a

gainful occupation prior to attaining the age of 60 years, the retirement board shall reduce that part of his monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he engages in the gainful occupation, by such person if he held the position which he held at the time of his retirement, or, if that position has been abolished, the compensation earnable by the member if he held the position from which he was retired immediately prior to its abolishment. A8.584-11 ADJUSTMENT OF ALLOWANCES 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. A8.584-12 CONFLICTING CHARTER PROVISIONS 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. A8.584-13 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, County of San Francisco, shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions: provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section 8.584-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment, to receive as his or her sole benefit under the Retirement System, an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, County) of San Francisco, shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if, at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, 6/3/2008) A8.585 MEMBERS OF THE FIRE DEPARTMENT ON AND AFTER JULY 1, 1975 Notwithstanding the provisions of Section 8.568 of this Charter, members of the fire department, as defined in Section 8.585-1, who are members of the Retirement System under Section 8.568 on the effective date of this section and persons who become members of the Retirement System under Section 8.568 after said effective date and prior to July 1, 1975, shall have the option, to be exercised in writing on a form furnished by the Retirement System and to be filed at the office of said system not later than June 30, 1975, of being members of the system under this section instead of said Section 8.568, the election pursuant to said option to be effective as of July 1, 1975; provided that such of said members who, during the period from the effective date of this section through June 30, 1975, are absent by reason of service in the armed forces of the United States or by reason of any other service included in Section 8.520(a) of this Charter shall have the same option of electing to be members under this section instead of Section 8.568, until 90 days after their return to service in the fire department. Those persons who become members of the fire department, as defined in Section 8.585-1, on or after July 1, 1975, and those persons who elect to be members under this section as provided in the preceding paragraph, shall be members of the system subject to the provisions of Sections 8.585, 8.585-1, 8.585-2, 8.585-3, 8.585-4, 8.585-5, 8.585-6, 8.585-7, 8.585-8, 8.585-9, 8.585-10, 8.585-11, 8.585- 12 and 8.585-13 (which shall apply only to members under Section 8.585) in addition to the provisions contained in Sections 3.670 to 3.672, both inclusive, and Sections 8.500, 8.510 and 8.520 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 8.568 of this Charter. A8.585-1 DEFINITIONS The following words and phrases as used in this section, Section 8.585 and Sections 8.585-2 through 8.585-13, unless a different meaning is plainly required by the context, shall have the following meanings:

"Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the fire department, but excluding remuneration paid for overtime. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him during such period, it being assumed that during any absence, he was in the rank or position held by him at the beginning of the absence, and that prior to becoming a member of the fire department he was in the rank or position first held by him in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the monthly compensation earnable by a member at the time of his retirement, or death before retirement, as the case may be, at the rate of remuneration attached at that time to the rank or position which said member held, provided that said member has held said rank or position for at least one year immediately prior to said retirement or death; and provided, further, that if said member has not held said rank or position for at least one year immediately prior to said retirement or death, "final compensation," as to such member, shall mean the monthly compensation earnable by such member in the rank or position next lower to the rank or position which he held at the time of retirement or death at the rate of remuneration attached at the time of said retirement or death to said next lower rank or position; provided, however, that in the case of a member's death before retirement as the result of a violent traumatic injury received in the performance of his duty, "final compensation," as to such member shall mean the monthly compensation earnable by such member at the rate of remuneration attached on the date he receives such injury to the rank or position held by such member on that date. For the purpose of Sections 8.585 through 8.585-13, the terms "member of the fire department," "member of the department," or "member" shall mean any officer or employee of the fire department, excluding such officers and employees as are members of the Retirement System under Section 8.565 or Section 8.568 of the Charter, who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department, and said terms further shall mean persons employed on July 1, 1975, or thereafter, regardless of age, to perform the duties performed under the titles of pilot of fireboats, or marine engineer of fireboats or employed after July 1, 1975, at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform the duties performed by members of the salvage corps in the fire department, or duties performed under the title of hydrant-gatemen. Any fire service performed by such members of the fire department outside the limits of the City and County 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. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section 8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. A8.585-2 SERVICE RETIREMENT Any member of the fire department who completes at least twenty-five (25) years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section 8.585-10, 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 fifty-five (55) percent of the final compensation of said member, as defined in Section 8.585-1, plus an allowance at the rate of four percent of said final compensation, for each year of service rendered in excess of twenty-five (25) years; provided, however, that such retirement allowance shall not exceed seventy-five (75) percent of said member's final compensation. A member retired after attaining the age of sixty-five (65) years, but before completing twenty-five (25) years of service in the aggregate computed under Section 8.585-10, shall receive a retirement allowance which bears the same ratio to fifty (50) percent of the final compensation of said member, as defined in Section 8.585-1, as the service with which he or she is entitled to be credited, bears to twenty-five (25) years. If, at the date of retirement for service, or retirement for disability resulting from an injury received in performance of duty, said member has no spouse, children or dependent parents, who would qualify for the continuance of the allowance after the death of said member, or with respect to the portion of the allowance which would

she is entitled to be credited, bears to twenty-five (25) years. If, at the date of retirement for service, or retirement for disability resulting from an injury received in performance of duty, said member has no spouse, children or dependent parents, who would qualify for the continuance of the allowance after the death of said member, or with respect to the portion of the allowance which would not be continued regardless of dependents, or upon retirement for disability resulting from other causes, with respect to all of the allowance and regardless of dependents at retirement, a member retired under this section, or Section 8.585-3, may elect before the first payment of the retirement allowance is made, to receive the actuarial equivalent of his or her allowance or the portion which would not be continued regardless of dependents, as the case may be, partly in a lesser allowance to be received by him or her throughout his or her life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar election by other members of the Retirement System, including the character and amount of such other benefits.

A8.585-3 RETIREMENT FOR INCAPACITY Any member of the fire department who becomes incapacitated for the performance of his duty by reason of any bodily injury received in, or illness caused by performance of his duty, shall be retired. If he is not qualified for service retirement, he shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section 8.585-1, as his percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section 8.585-1. Said allowance shall be paid to him until the date upon which said member would have qualified for service retirement had he lived and rendered service without interruption in the rank held by him at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section 8.585-1, he would have received immediately prior to said date, had he lived and rendered service as assumed, but such allowance, shall not be less than 55 percent of such final compensation. If at the time of retirement because of disability, he is qualified as to age and service for retirement under Section 8.585-2, he shall receive an allowance equal to the retirement allowance which he would receive if retired under Section 8.585-2, but not less than 55 percent of said final compensation. Any member of the fire department who becomes incapacitated for performance of his duty, by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section 8.585-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section 8.585-1 for each year of service, provided that said allowance shall not be less than 331/3 percent of said final compensation; provided, however, that if such member has completed at least 25 years of service in the aggregate, computed as provided in Section 8.585-10, but has not yet attained the age of 50 years, he shall receive an allowance equal to the retirement allowance he would have received if he had attained the age of 50 years and retired under Section 8.585-2 as of the date of retirement for such incapacity. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the fire commission, or by said member or his guardian. If his disability shall cease, his retirement allowance shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement. A8.585-4 DEATH ALLOWANCE If a member of the fire department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his duty, a death allowance, in lieu of any allowance payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his surviving wife throughout her life or until her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he had been retired for service on the day of death, but such allowance shall not be less than 55 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the final compensation of said member at the date of death, until the date upon which said member would have qualified for service retirement, had he lived and rendered service without interruption in the rank held by him at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he would have received immediately prior to said date, had he lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such monthly final compensation. If he had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he was a member under Section 8.585 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be reduced upon the date at which said member would have qualified for service retirement, in the same manner as it would have been reduced had the member not died. If there be no surviving wife entitled to an allowance hereunder, or if she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surv

eased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under the age of 18 years, but leave a parent or parents dependent upon him for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving widow otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving wife following the death of a member unless she was married to the member prior to the date of the injury or onset of the illness which results in death. A8.585-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the fire department resulting from any cause, other than an injury received in or illness caused by performance of duty, (a) if his death occurred after qualification for service retirement, under Section 8.585-2, or after retirement for service or because of disability which resulted from any cause other than an injury received in, or illness caused by performance of duty, three-fourths of his retirement allowance to which the member would have been entitled if he had retired for service at the time of death of three-fourths of the retirement allowance as it was at his death, as the case may be, shall be continued throughout life or until marriage, to his surviving wife, or (b) if his death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50

years, three-fourths of the retirement allowance to which he would have been entitled under Section 8.585-2 if he had attained the age of 50 years on the date of his death shall be continued throughout life or until remarriage to his surviving wife, or (c) if his death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, his retirement allowance as it was at his death shall be continued throughout life or until remarriage, to his surviving wife, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date of which said member would have qualified for service retirement, in the same manner as it would have been adjusted had the member not died, or (d) if his death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section 8.585-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section 8.585-3 if he had retired on the date of death because of incapacity for performance of duty resulting from a cause other than bodily injury received in or illness caused by performance of duty shall be paid throughout life or until remarriage to his surviving wife. If there be no surviving wife entitled to an allowance hereunder, or if she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him for support because partially or totally disabled and unable to earn a livelihood, or a parent or parents dependent upon him for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving wife otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving wife unless she was married to the member prior to the date of the injury or onset of the illness which results in death if he had not retired, or unless she was married to the member at least one year prior to his death if he had retired. As used in this section and Section 8.585-4, "surviving wife" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving wife, in the event of death of the member after qualification for but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section 8.585-8, in lieu of the allowance which otherwise would be continued to her under this section. If there be no surviving wife, the guardian of the eligible child or children may make such election, and if there be no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "Qualification for service retirement" or "Qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section 8.585 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section 8.585-10. A8.585-6 ADJUSTMENT OF ALLOWANCES Every retirement or death allowance payable to or on account of any member under Section 5.585 shall be increased or decreased as of July 1, 1990, and thereafter on the effective date of any legislation fixing the rates of compensation for firefighters under section 8.405 of this Charter by an amount equal to 50 percent of any increase or decrease, respectively, in the rate of remuneration attached to the rank and position upon which such retirement or death allowance was based; provided, however, that no allowance shall be reduced below the amount being received by a member or his beneficiary on June 30, 1976, or on the date such member or beneficiary began to receive the allowance, whichever is later. A8.585-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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. A8.585-8 DEATH BENEFIT 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 8.585-4 or 8.585-5 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 Supervis

ent 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 8.585-4 or 8.585-5 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. A8.585-9 REFUNDS AND REDEPOSITS 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. A8.585-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the Fire 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 service while he 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 fire or police department. (b) Time during which said member is entitled to receive compensation while a member of the Retirement System, because of service rendered in other offices and departments prior to July 1, 1949, provided that accumulated contributions on account of such service previously refunded, are redeposited, with interest from date of refund to date of redeposit, at times and in the manner fixed by the retirement board; and solely for purpose of determining qualification for retirement under Section 8.585-3 for disability not resulting from injury received in, or illness caused by performance of duty, time during which said member serves, after July 1, 1949, and receives compensation because of services rendered in other offices and departments. (c) Time during which said member is absent from a status included in Subsections (a) and (b) 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 Section 8.520 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 account. (d) 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. (Amended by Proposition G, 11/4/2008) A8.585-11 SOURCES OF FUNDS All payments provided for members under Section A8.585 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) The normal rate of contribution for each member under Section A8.585 shall be made from funds based on his or her age taken to the next lower complete quarter year, (1) at the date he or she became a member under Section A8.568, in the case of persons who are members under that section, or (2) on his or her age at the date he or she becomes a member under Section A8.585 in the case of persons who become members on or after July 1, 1975, without credit for service counted under Section A8.585-10. The age of entrance into the fire department shall be determined by deducting the member's service credited under Section A8.585-10 as rendered prior to the date upon which his or her age is based for determination of his or her rate of contribution according to the sentence next preceding, from said age. The normal rate of contribution of each such member, to be effective from the effective date of membership under Section A8.585, shall be such as, on the average for such member, will provide, assuming service without interruption, under Section A8.585-2, one-third of that portion of the service retirement allowance to which he or she would be entitled, without continuance to dependents, upon first qualifying as to age and service for retirement under that section, which is based on service rendered after the date upon which his or her age is based for determination of his or her rate of contribution according to the first sentence in this paragraph, and assuming the contribution to be made from that date. The normal rate of contribution, however, shall not exceed seven percent. (b) The dependent contributions for each member under this section which shall be required of each member throughout his or her membership in addition to the normal contributions, and in the same manner as normal contributions, shall be such as, on the average for such member, will provide, assuming service without interruption under Section A8.585-2, and upon his first qualifying as to age and service for retirement under that section, one-third of the portion of his or her allowance, which is to be continued under Section A8.585- 5 after his or her death and throughout the life of a surviving spouse whose age at said death is three years less than the age of said member. If, at the date of retirement for service or retirement for disability resulting from injury received in performance of duty, said member has no spouse who would qualify for the continuance of the allowance to them after the death of said member, or upon retirement for dis

r death and throughout the life of a surviving spouse whose age at said death is three years less than the age of said member. If, at the date of retirement for service or retirement for disability resulting from injury received in performance of duty, said member has no spouse who would qualify for the continuance of the allowance to them after the death of said member, or upon retirement for disability resulting from other causes, regardless of his or her marital conditions, the dependent contributions with accumulated interest thereon, shall be paid to him or her forthwith. The dependent rate of contribution, however, shall not exceed the difference between seven percent and the member's normal rate of contribution, and said dependent rate may be taken as a flat percentage of the member's normal rate, regardless of the age of qualification for service retirement. (c) There shall be deducted from each payment of compensation made to a member under this Section, a sum determined by applying the member's rates of contribution to such compensation payment. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of

said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Sections A8.585-5, A8.585-6 and A8.585-8. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (d) Contributions based on time included in Subsections (a), (b) and (c) of Section A8.585-10, and deducted prior to July 1, 1975, from compensation of persons who become members under Section A8.585, and standing with interest thereon, to the credit of such members on the records of the Retirement System on said date, together with contributions made by such members pursuant to the provisions of Section A8.526 and standing with interest thereon to the credit of such members on the records of the Retirement System on said date, shall continue to be credited to the individual accounts of said members and shall be combined with and administered in the same manner as the contributions deducted after said date. (e) The total contributions, with interest thereon, made by or charged against the City and County and standing to its credit, in the accounts of the Retirement System, on account of persons who become members under Section A8.585, shall be applied to provide the benefits under said Section A8.585. (f) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in the preceding paragraphs of this Section A8.585-11, to provide the benefits payable to members under Section A8.585. Such contributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by each member prior to the date upon which his or her age is based for determination of his or her rate of contribution in Subsection (a) of this Section A8.585-11, shall not be less during any fiscal year than the amount of such benefits paid during said year. Such contributions of the City and County to provide the portion of the benefits hereunder which shall be based on service rendered by respective members on and after the date stated in the preceding sentence, shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year, to persons who are members under Section A8.585, said percentage to be the ratio of the value on July 1, 1975, or at the later date of a periodical actuarial valuation and investigation into the experience under the system, of the benefits thereafter to be paid under this Section, from contributions of the City and County, less the amount of such contributions, and plus accumulated interest thereon, then held by said systems to provide said benefits on account of service rendered by respective members after the date stated in the sentence next preceding, to the value of said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuation shall be made every even-numbered year and said investigation into the experience under the system shall be every odd-numbered year. (g) Notwithstanding any other provision of this Section A8.585-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member, shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (f). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -6.0% .01%-1.0% -5.0% 1.01%-2.5% -4.75% 2.51%-4.0% -4.5% 4.01%-5.5% -3.5% 5.51%-7.0% -3.0% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 3.0% 20.01%-22.5% 3.5% 22.51%-25.0% 4.5% 25.01%-27.5% 4.5% 27.51%-30.0% 4.75% 30.01%-32.5% 4.75% 32.51%-35.0% 5.0% Over 35.0% 6.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.585, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.585-4, A8.585-5, and A8.585-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (f) for that fiscal year. (h) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies the contributions of both members of the City and County held by the system to provide the benefits under this Section, shall be a part of the fund in which all other assets of said system are included. Nothing in this Section shall affect the obligations of the City and County to pay to the Retirement System any amounts which may or shall become due under the provisions of the Charter prior to July 1, 1975, and which are represented on said effective date, in the accounts of said system by debits against the City and County. (i) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including the procedures under Section A8.590 et seq. (Amended by Proposition G, 11/4/2008; Proposition C, Approved 11/8/2011) A8.585-12 RIGHT TO RETIRE Upon the completion of the years of service set forth in Section 8.585-2 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 8.585-2, and nothing shall deprive said member of said right. A8.585-13 LIMITATION IN EMPLOYMENT DURING RETIREMENT Except as otherwise provided in section 8.511 of this Charter, no person retired as a member under Section 8.585 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, or in the preparation for, or the giving of, testimony as an expert witness for or on behalf of the City and County of San Francisco before any court or legislative body shall not be affected by this section. A8.585-14 RIGHT TO TRANSFER Notwithstanding any provisions of this Charter to the contrary, any person who, on or after January 1, 1981, is a member of the Fire Department, and is a member of the Retirement System under Charter Section 8.585, may become a member of the Retirement System under Charter Section 8.588 by filing in writing with the Retirement System no later than December 31, 1981, an executed waiver of all benefits which might inure to him under Charter Section 8.585. This waiver must be without right of revocation and on a form furnished by the Retirement System. The Retirement Board may require that this waiver be executed by additional parties before it becomes operative. This transfer will be effective July 1, 1980. Those persons so electing to become members under Charter Section 8.588 shall receive service credit under Charter Section 8.588 equal to their service credit under Charter Section 8.585 as of June 30, 1980. Those persons so electing to become members under Charter Section 8.588 shall not be subject to any of those provisions of Charter Section 8.585 as of July 1, 1980. Notwithstanding the provisions of Charter Section 8.526, the cost of living adjustment in any given year prior to January 1, 2000 for those persons electing this transfer to Charter Section 8.588 shall not exceed the provisions of Charter Section 8.526 as they existed on July 1, 1980. Those persons so electing to transfer membership from Charter Section 8.585 to Charter Section 8.588 shall receive a monetary consideration not to exceed $40,000 calculated at the rate of $2,500 for each year of said service credit up to 10 years and then at the rate of $1,000 for each additional year of said service credit. This monetary consideration shall be paid from said member's contribution account including any interest thereon. When said member's contribution account is depleted, the balance shall be paid from the City and County contributions held by the Retirement System. This consideration shall be payable January 1, 1982. Alternatively, an employee may elect to receive payments according to a schedule

established by the Retirement Board. Notwithstanding any other Charter or ordinance provisions, a member transferring pursuant to this section shall be eligible to receive any benefits payable because of an increase in benefits approved by the voters for other members under Charter Section 8.588, provided, however, that said member repays with interest the monetary consideration he or she received in making this transfer, offset by the amount of said member's own account in the Retirement System under Charter Section 8.585. Interest on the repayment amount shall be charged at the rate credited to member accounts from January 1, 1981 until repayment or effective date of retirement. Members shall have the option of making said repayment either through a lump-sum payment, payroll deduction or through an actuarial offset against any benefits payable because of any increase in benefits subsequent to July 1, 1980. The amendments to this section contained in the proposition submitted to the electorate on November 2, 1999 shall apply only to active and retired members on November 2, 1999 and constitute a prospective increase in benefits to such members subject to repayment in accordance with the provisions of the preceding paragraph. Upon repayment, retirees shall have their benefits recalculated under Charter Section 8.588 as in force at the date of their retirement. These recalculated benefits shall be first payable on and after November 2, 1999. No retired member shall become eligible under said amendments for any retroactive payments. Notwithstanding the preceding sentences, the provisions in Charter Section 8.588-3 for recalculation on the date upon which said member would have qualified for service retirement ("QSR") shall use the provisions of Charter Section 8.588 at QSR. (Amended November 1999) A8.585-15 VESTING Should any member of the fire department who is a member of the Retirement System under Charter section 8.585, 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. Any member of the fire department convicted of a crime involving moral turpitude committed in connection with his or her duties as a member of the fire department shall, upon termination of his or her employment pursuant to the provisions of this Charter, forfeit all right to any benefits under this section except refund of his or her accumulated contributions. Every retirement or death allowance payable to or on account of any member under section 8.585-15 shall be adjusted in accordance with the provisions of section 8.585-6 provided that if the member's accrued service credit is less than 25 years the section 8.585-6 adjustment will be multiplied by a fraction where the denominator is 25 and the numerator is equal to the member's accrued service credit at the date of termination. A8.585-16 SEVERABILITY Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.585 or with any part thereof, shall be superseded by the contents of Section A8.585. Section A8.585 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 A8.585 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 A8.585. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.585 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.585 which can be given effect. Section A8.585 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011) A8.586 MEMBERS OF THE POLICE DEPARTMENT 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. A8.586-1 DEFINITIONS The following words and phrases as used in this section, Section 8.586 and Sections 8.586-2 through 8.586-14, unless a different meaning is plainly required by the context, shall have the following meanings:

"Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the police department, but excluding remuneration paid for overtime. Subject to the requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. Provided, however, that for retirement purposes, any increase in compensation attached to a rank which is based solely upon the possession of a POST certificate, compared to the equivalent rank without a POST certificate, shall be subject to the following limitations: (a) for possession of the intermediate POST certificate, no more than 4% shall be included in compensation, (b) for possession of the advanced POST certificate, no more than an additional 2% over the maximum provided in subsection (a), above, shall be included in compensation, These limits shall apply to any pay increments which are solely attributable to the possession of a POST certificate, including but not limited to premiums or special ranks which may be established in the future and which are solely attributable to the possession of a POST certificate. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the police department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earnable by a member during any one year of credited service in which his or her average compensation is the highest. For purposes of calculation of final compensation, any increase in pay solely attributable to possession of a POST certificate shall be included only if the member possesses the qualifying POST certificate for a period of not less than four (4) years prior to his or her retirement date; provided, however, that should a member possess the qualifying POST certificate for a period of time less than four (4) years prior to retirement, final compensation shall be calculated based upon the monthly compensation in the next lower rank not requiring possession of the qualifying POST certificate. For the purpose of Sections 8.586 through 8.586-14, the terms "member of the police department," "member of the department," or "member" shall mean any officer or employee of the police department employed after November 1, 1976 who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed after November 1, 1976 at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of criminologist, photographer, police woman or jail matron; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the police department prior to assignment to active duty with said department. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section 8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. (Amended November 1998) A8.586-2 SERVICE RETIREMENT 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) A8.586-3 RETIREMENT FOR INCAPACITY Any member of the police department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section 8.586-1, as his percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section 8.586-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section 8.586-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section 8.586-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section 8.586-2, but not less than 50 percent of said final compensation. Any member of the police department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section 8.586-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section 8.586-1 for each year of service, provided that said allowance shall not be less than 331/3 percent of said final compensation. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the police commission or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Amended November 1998) A8.586-4 DEATH ALLOWANCE If a member of the police department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date

of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section 8.586 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there be no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a parent or parents dependent upon him or her for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. The amendments to this Section A8.586-4, approved by the electorate on November 2, 2004 shall apply to any work-related death that occurs on or after November 2, 2004, and to any qualified survivor who, on November 2, 2004, is receiving a continuation allowance under this section due to the work-related death of a member on or after January 1, 1989. Any increase in the continuation allowance payable to such a qualified survivor by virtue of the amendments to this section approved by the electorate on November 2, 2004 shall be prospective only, beginning November 2, 2004. (Amended November 1998; November 2004) A8.586-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the police department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section 8.586-2, or after retirement service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued through out his or her life or until remarriage to his surviving wife, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section 8.586-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his surviving wife, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his surviving wife, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section 8.586-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section 8.586-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his surviving wife. If there be no surviving wife entitled to an allowance hereunder, or if she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partial

his child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving wife otherwise would have received, during such dependency. No allowance, however shall be paid under this section to a surviving wife unless she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this section and Section 8.556-4 "surviving wife" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving wife, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section 8.586-8, in lieu of the allowance which otherwise would be continued to her under this section. If there be no surviving wife, the guardian of the eligible child or children may make such election, and if there be no such children, the dependent parent or parents may make such election. "Qualified for service retirement,"

"qualification for service retirement" or "qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section 8.586 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section 8.586-10. (Amended November 1998) A8.586-6 ADJUSTMENT OF ALLOWANCES 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) A8.586-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.586-8 DEATH BENEFIT 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) A8.586-9 REFUNDS AND REDEPOSITS 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) A8.586-10 COMPUTATION OF SERVICE 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 under Section 8.586 or 8.588, respectively. (b) Time prior to November 2, 1976, during which said member was entitled to receive compensation while a member of the Police or Fire Department under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the retirement board; and solely for the purpose of determining qualification for retirement under Section 8.586-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments.

(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 Section 8.520 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. (d) 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. (Amended November 1998; Amended by Proposition G, 11/4/2008) A8.586-11 SOURCES OF FUNDS All payments provided for members under Section 8.586 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section 8.586 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Sections 8.586-8, 8.586-9 and 8.586-10. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section 8.586-11, to provide the benefits payable to members under Section 8.586. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section 8.586, said percentage to the ratio of the value on November 2, 1976, or at the later date of a periodical actuarial valuation and investigation into the experience under the system, of the benefits thereafter to be paid to or on account of members under Section 8.586 from contributions of the City and County, less the amount of such contributions plus accumulated interest thereon, then held by said system to provide said benefits on account of service rendered by respective members after said date, to the value on said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuation shall be made every even-numbered year and said investigation into the experience under the system shall be made every odd- numbered year. (c) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section 8.586, shall be a part of the fund in which all other assets of said system are included. (Amended November 1998; Amended by Proposition G, 11/4/2008) A8.586-12 RIGHT TO RETIRE 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) A8.586-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section 8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section 8.586 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section 8.586, he or she shall re-enter membership under Section 8.586 and his or her retirement allowance shall be cancelled immediately upon his/her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the co

such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section 8.586, he or she shall re-enter membership under Section 8.586 and his or her retirement allowance shall be cancelled immediately upon his/her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section 8.586. Such member's individual account shall be credited with an amount which is the actuarial equivalent of

his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the retirement board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Amended November 1998) A8.586-14 CONFLICTING CHARTER PROVISIONS 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) A8.586-15 VESTING 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) A8.586-16 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section 8.586-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated, contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, 6/3/2008) A8.587 RETIREMENT – MISCELLANEOUS OFFICERS 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)

A8.587-1 DEFINITIONS 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: "Retirement allowance," or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the workers' compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. "Compensation earnable" shall mean the compensation as determined by the retirement board, which would have been earned by the member had he or she worked, throughout the period under consideration, the average number of days ordinarily worked by persons in the same grade or class of positions as the positions held by him or her during such period and at the rate of pay attached to such positions, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to entering City service, he or she was in the position first held by him or her in City service. "Benefit" shall include "allowance," "retirement allowance," and "death benefit." "Average final compensation" shall mean the average monthly compensation earned by a member during any one year of credited service in the Retirement System in which his or her average final compensation is the highest. For the purposes of the Retirement System and of this section, Section A8.587 and Sections A8.587-2 through A8.587-13, the terms "miscellaneous officer or employee," or "member," shall mean any officer or employee employed on November 7, 2000 who was a member of the Retirement System under Section A8.584, any member of the Retirement System under Section A8.584 whose accumulated contributions were in the retirement fund on November 7, 2000 and who was not retired on that date, and any officer or employee employed on or after November 7, 2000 who is not a member of the police or fire departments as defined in the Charter for the purposes of the Retirement System. Said terms shall not include those persons who become members under the Public Employees' Retirement System or members of the State Teachers' Retirement System. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. (Added November 2000) A8.587-2 SERVICE RETIREMENT Any member who completes at least 20 years of service in the aggregate credited in the Retirement System and attains the age of 50 years, or at least 10 years of service in the aggregate credited in the Retirement System, and attains the age of 60 years, said service to be computed under Section A8.587-7 may retire for service at his or her option. Members may retire under this section or under the provisions of A8.587-6, on the first day of the month next following the attainment by them of the age of 65 years. A member retired after reaching the age of 62 years shall receive a service retirement allowance at the rate of 2.3 percent of said average final compensation for each year of service. The service retirement allowance of any member retiring prior to attaining the age of 60 years, and after rendering 20 years or more of such service, computed under Section A8.587-7, and having attained the age of 50 years, b) attaining the age of 60 years, and after rendering 10 years or more of such service, computed under Section A8.587-7, shall be an allowance equal to the percentage of said average final compensation set forth opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, computed under Section A8.587-7: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 1.000 50¼ 1.0250 50½ 1.0500 50¾ 1.0750 51 1.1000 51¼ 1.1250 51½ 1.1500 51¾ 1.1750 52 1.2000

52¼ 1.2250 52½ 1.2500 52¾ 1.2750 53 1.3000 53¼ 1.3250 53½ 1.3500 53¾ 1.3750 54 1.4000 54¼ 1.4250 54½ 1.4500 54¾ 1.4750 55 1.5000 55¼ 1.5250 55½ 1.5500 55¾ 1.5750 56 1.6000 56¼ 1.6250 56½ 1.6500 56¾ 1.6750 57 1.7000 57¼ 1.7250 57½ 1.7500 57¾ 1.7750 58 1.8000 58¼ 1.8250 58½ 1.8500 58¾ 1.8750 59 1.9000 59¼ 1.9250 59½ 1.9500 59¾ 1.9750 60 2.1000 60¼ 2.1250 60½ 2.1500 60¾ 2.1750 61 2.2000 61¼ 2.2250 61½ 2.2500 61¾ 2.2750 62 2.3000

In no event shall a member's retirement allowance exceed seventy-five percent of his or her average final compensation. Before the first payment of a retirement allowance is made, a member, retired under this section or Section A8.587-3, may elect to receive the actuarial equivalent of his or her allowance, partly in an allowance to be received by him or her throughout his or her life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar elections by other members of the Retirement System, including the character and amount, of such other benefits. In the calculations under this section of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed for each class of service, the average final compensation in each case being that for the respective class of service, provided that the aggregate retirement allowance shall be taken into account in applying the provisions of this section providing for a minimum retirement allowance. Part-time service and compensation shall be converted to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so converted shall be applied on full-time service and compensation in the calculation of retirement allowances. (Added November 2000; Amended by Proposition B, 6/3/2008) A8.587-3 RETIREMENT FOR INCAPACITY

Any member who becomes incapacitated for performance of duty because of disability determined by a qualified hearing officer to be of extended and uncertain duration, and who shall have completed at least 10 years of service credited in the Retirement System in the aggregate, computed as provided in Section A8.587-7, shall be retired upon an allowance of 1.8% (one and eight-tenths percent) percent of the average final compensation of said member, as defined in Section A8.587-1 for each year of credited service, if such retirement allowance exceeds 40 percent of his or her average final compensation; otherwise 1.8% (one and eight-tenths percent) percent of his or her average final compensation multiplied by the number of years of City service which would be credited to him or her were such City service to continue until attainment by him or her of age 60, but such retirement allowance shall not exceed 40 percent of such average final compensation. In the calculation under this section of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed, for each class of service, the average final compensation in each case being that for the respective class of service; provided that the average final compensation upon which the minimum total retirement allowance is calculated in such case shall be based on the compensation earnable by the member in the classes of service rendered by him or her during the one year immediately preceding his or her retirement. Part-time service and compensation shall be converted to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so converted shall be applied as full-time service and compensation in the calculation of retirement allowances. The question of retiring members under this section may be brought before the retirement board on said board's own motion, by the retirement board's executive director on its behalf, by said member, by his or her department head or by his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease, and he or she shall be restored to service in the position or classification he or she occupied at the time of his or her retirement. (Added November 2000) A8.587-4 NO ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.587-5 DEATH BENEFIT If a member shall die, before retirement: (a) If no benefit is payable under subsection (b) of this section: (1) Regardless of cause, a death benefit shall be paid to the member's estate or designated beneficiary consisting of the compensation earnable by the member during the six months immediately preceding death, plus the member's contributions and interest credited thereon. (2) If a member sustains a traumatic bodily injury through external and violent means in the course and scope of employment and death results within 180 days of such injury, an additional insurance benefit of 12 months of compensation earnable shall be paid to the member's estate or designated beneficiary. (b) If, at the date of his or her death, he or she was qualified for service retirement by reason of service and age under the provisions of Section A8.587-2, and he or she has designated as beneficiary his or her surviving spouse, who was married to him or her for at least one full year immediately prior to the date of his or her death, one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service on the date of his or her death shall be paid to such surviving spouse who was his or her designated beneficiary at the date of his or her death, until such spouse's death or remarriage, or if there be no surviving spouse, to the unmarried child or children of such member under the age of 18 years, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If, at the death of such surviving spouse, who was receiving an allowance under this Subsection (b), there be one or more unmarried children of such member under the age of 18 years, such allowance shall continue to such child or children, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If the total of the payments of allowance made pursuant to this Subsection (b) is less than the benefit which was otherwise payable under Subsection (a) of this section, the amount of said benefit payable under Subsection (a) less an amount equal to the total of the payments of allowance made pursuant to this Subsection (b) shall be paid in a lump sum as follows: (1) If the person last entitled to said allowance is the remarried surviving spouse of such member, to such spouse. (2) Otherwise, to the surviving children of the member, share and share alike, or if there are no such children, to the estate of the person last entitled to said allowance. The surviving spouse may elect, on a form provided by the Retirement System and filed in the office of the Retirement System before the first payment of the allowance provided herein, to receive the benefit provided in Subsection (a) of this section in lieu of the allowance which otherwise would be payable under the provisions of this subdivision. If a surviving spouse, who was entitled to make the election herein provided, shall die before or after making such election but before receiving any payment pursuant to such election, then the legally appointed gu

ce provided herein, to receive the benefit provided in Subsection (a) of this section in lieu of the allowance which otherwise would be payable under the provisions of this subdivision. If a surviving spouse, who was entitled to make the election herein provided, shall die before or after making such election but before receiving any payment pursuant to such election, then the legally appointed guardian of the unmarried children of the member under the age of 18 years may make the election herein provided before any benefit has been paid under this section, for and on behalf of such children if in his or her judgment it appears to be in their interest and advantage, and the election so made shall be binding and conclusive upon all parties in interest. If any person other than such surviving spouse shall have and be paid a community property interest in any portion of any benefit provided under this section, any allowance payable under this Subsection (b) shall be reduced by the actuarial equivalent, at the date of

the member's death, of the amount of benefits paid to such other person. 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 in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members. Upon the death of a member after retirement, an allowance, in addition to the death benefit provided in the immediately preceding paragraph, shall be paid to his or her surviving spouse, until such surviving spouse's death or remarriage, equal to one-half of his or her retirement allowance as it was prior to optional modification and prior to reduction as provided in Subsection (a) of Section A8.514 of this Charter, but exclusive of the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this paragraph to a surviving spouse unless such surviving spouse was married to said member at least one year prior to his or her retirement. If such retired person leaves no such surviving spouse, or if such surviving spouse should die or remarry before every child of such deceased retired person attains the age of 18 years, the allowance which such surviving spouse would have received had he or she lived and not remarried shall be paid to retired person's child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. (Added November 2000) A8.587-6 BENEFITS UPON TERMINATION OF MEMBERSHIP Should any miscellaneous member 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 subject to the conditions prescribed by the Board of Supervisors to cover similar terminations of employment and re-employment with and without redeposit of withdrawn accumulated contributions of other members of the Retirement System, provided that, if such member is entitled to be credited with at least five years of service, he or she shall have the right to elect, without right of revocation and within 90 days after said termination of service, or if the termination was by lay-off, 90 days after the retirement board determines the termination to be permanent, whether to allow his or her accumulated contributions to remain in the retirement fund and to receive benefits only as provided in this paragraph. Failure to make such election shall be deemed an irrevocable election to withdraw his or her accumulated contributions. At or after 50 years of age, he or she shall be entitled to receive a retirement allowance which shall be the actuarial equivalent of his or her accumulated contributions and an equal amount of the contributions of the City and County, plus 1.667% (one and two-thirds percent) percent of his or her average final compensation for each year of service credited to him or her as rendered prior to his or her first membership in the Retirement System. Upon the death of such member prior to retirement, his or her contributions with interest credited thereon shall be paid to his or her estate or designated beneficiary. (Added November 2000) A8.587-7 COMPUTATION OF SERVICE The following time and service shall be included in the computation of the service to be credited to a member for the purpose of determining whether such member qualifies for retirement and calculating benefits: (a) For miscellaneous officers and employees on November 7, 2000 who were members of the Retirement System under Section A8.584, time during which said officers and employees were members under Section A8.584. (b) Time during which said member is a member of the Retirement System under Section A8.587 and during and for which said member is entitled to receive compensation because of services as a miscellaneous officer or employee. (c) Service in the fire and police departments which is not credited as service as a member under Section A8.587 shall count under this section upon transfer of a member of either of such departments to employment entitling him or her to membership in the Retirement System under Section A8.587, provided that the accumulated contributions standing to the credit of such member shall be adjusted by refund to the member or by payment by the member to bring the account at the time of such transfer to the amount which would have been credited to it had the member been a miscellaneous member throughout the period of his or her service in either of such departments at the compensation he or she received in such departments. (d) Prior service, during which said member was entitled to receive compensation while a miscellaneous member under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the retirement board. (e) Prior service determined and credited as prescribed by the Board of Supervisors. (f) The Board of Supervisors, by ordinance enacted by a three-fourths vote of its members, may provide for the crediting as service, rendered as an employee of the federal government and service rendered as an employee of the State of California or any public entity or public agency in the State of California. Said ordinance shall provide that all contributions required as the result of the crediting of such service shall be made by the member and that no contributions therefor shall be required of the City and County. (g) Time during which said member is absent from a status included in Subsections (a), (b) or (c) and for which such member is entitled to receive credit as service for th

alifornia. Said ordinance shall provide that all contributions required as the result of the crediting of such service shall be made by the member and that no contributions therefor shall be required of the City and County. (g) Time during which said member is absent from a status included in Subsections (a), (b) or (c) and for which such member is entitled to receive credit as service for the City and County by virtue of contributions made in accordance with the provisions of Section A8.520 or Section A8.521 of the Charter. (h) 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. (Added November 2000; Amended by Proposition G, 11/4/2008)

A8.587-8 SOURCES OF FUNDS All payments provided for members under Section A8.587 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.587 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the board of supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.587, or shall be paid to said member or his or her estate or beneficiary as provided in Sections A8.587-5 and A8.587-6. A member's individual account under Section A8.587 shall include all monies credited to the member's account under Section A8.584. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.587-8, to provide the benefits payable to members under Section A8.587. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.587, said percentage to be the ratio of the value as of the latest periodical actuarial valuation of the benefits thereafter to be paid to or on account of members under Section A8.587 from contributions of the City and County, less the amount of such contributions, plus accumulated interest thereon, then held by said system to provide said benefits on account of service rendered by respective members after said date, to the value at said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuations and investigations shall be made at least every two years. (c) Notwithstanding any other provision of this Section A8.587-8 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $24.00 per hour, but less than $48.00 per hour, shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The foregoing base rates of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index. San Francisco- Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5% ). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was

deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account at said member under Section A8.587, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.587-5 and A8.587-6. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.587-8 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below:

Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.587, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.587-5 and A8.587-6. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made.

The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.587 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.409. (Added November 2000; amended by Proposition G, Approved 11/4/2008; Proposition C, Approved 11/8/2011) A8.587-9 RIGHT TO RETIRE 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) A8.587-10 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and Subsection (b) of this section, no person retired as a member under Section A8.587 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said service does not exceed 120 working days or 960 hours per fiscal year. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.587, he or she shall re-enter membership under Section A8.587 and his or her retirement allowance shall be cancelled immediately upon such re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contribution of such member shall be the same as that for other members under Section A8.587. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (4) The provisions of Subsection (a) shall not prevent such retired persons from employment which requires coverage under the Public Employees' Retirement System or the State Teachers' Retirement System. (Added November 2000) A8.587-11 ADJUSTMENT OF ALLOWANCES 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) A8.587-12 SEVERABILITY 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) A8.587-13 APPLICATION OF PLAN (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) A8.587-14 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California. County of San Francisco, shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions: provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section 8.587-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated, contributions at the time of such removal from office or employment. Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, County of San Francisco, shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, 6/3/2008) A8.588 MEMBERS OF THE FIRE DEPARTMENT AFTER 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) A8.588-1 DEFINITIONS The following words and phrases as used in this section, Section 8.588 and Sections 8.588-2 through 8.588-14, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the fire department, but excluding remuneration paid for overtime. Subject to requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the fire department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit."

"Final compensation" shall mean the average monthly compensation earnable by a member during any one year of credited service in which his or her average compensation is the highest. For the purpose of Sections 8.588 through 8.588-14, the terms "member of the fire department," "member of the department," or "member" shall mean any officer or employee of the fire department employed after November 1, 1976 who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed after November 1, 1976 at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of pilot of fireboats, or marine engineer of fireboats; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the fire department prior to assignment to active duty with said department. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section 8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. (Amended November 1996) A8.588-2 SERVICE RETIREMENT 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) A8.588-3 RETIREMENT FOR INCAPACITY

Any member of the fire department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section 8.585-1, as his percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section 8.585-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section 8.588-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than fifty percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section 8.588-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section 8.588-2, but not less than 50 percent of said final compensation. Any member of the fire department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section 8.588-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section 8.588-1 for each year of service, provided that said allowance shall not be less than 331/3 percent of said final compensation. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the fire commission or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he occupied at the time of his or her retirement. (Amended November 1996) A8.588-4 DEATH ALLOWANCE If a member of the fire department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section 8.588 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there be no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years.

before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a parent or parents dependent upon him or her for support, the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. The amendments to this Section A8.588-4, approved by the electorate on November 2, 2004 shall apply to any work-related death that occurs on or after November 2, 2004, and to any qualified survivor who, on November 2, 2004, is receiving a continuation allowance under this section due to the work-related death of a member on or after January 1, 1989. Any increase in the continuation allowance payable to such a qualified survivor by virtue of the amendments to this section approved by the electorate on November 2, 2004 shall be prospective only, beginning November 2, 2004. (Amended November 1996; November 2004) A8.588-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the fire department resulting from any cause other than an injury received in, or illness caused by performance of duty,

(a) if the death occurred after qualification for service retirement under Section 8.588-2, or after retirement service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his death, as the case may be, shall be continued throughout his or her life or until remarriage, to his or her surviving wife, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section 8.588-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage, to his surviving wife, or (c) his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage, to his surviving wife, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section 8.588-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section 8.588-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage, to his surviving wife. If there be no surviving wife entitled to an allowance hereunder, or if she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving wife would have received had she lived and not remarried shall be paid to his or her child or children under said age collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving wife and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving wife otherwise would have received, during such dependency. No allowance, however shall be paid under this section to a surviving wife unless she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this section and Section 8.588-4 "surviving wife" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving wife, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section 8.588-8, in lieu of the allowance which otherwise would be continued to her under this section. If there be no surviving wife, the guardian of the eligible child or children may make such election, and if there be no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section 8.588 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section 8.588-10. (Amended November 1996) A8.588-6 ADJUSTMENT OF ALLOWANCES 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. A8.588-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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. A8.588-8 DEATH BENEFIT If a member of the fire department shall die, before retirement from causes other than an injury received in, or illness caused by th

y, 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. A8.588-8 DEATH BENEFIT 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) A8.588-9 REFUNDS AND REDEPOSITS 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. A8.588-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the fire 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 under Section 8.586 or 8.588, respectively. (b) Time prior to November 2, 1976, during which said member was entitled to receive compensation while a member of the police or fire department under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the retirement board; and solely for the purpose of determining qualification for retirement under Section 8.588-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments. (c) Time during which said member earned compensation as a paramedic with the department of public health, provided that the accumulated contributions on account of such service are transferred to his or her 8.588 account or, if previously refunded, are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the retirement board. The retirement board shall require that a waiver be executed by said member so that any paramedic service covered by Section 8.588 is not also covered by other pension provisions in this Charter. (d) 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 Section 8.520 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. (e) 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. (Amended November 1998; Amended by Proposition G, 11/4/2008) A8.588-11 SOURCES OF FUNDS All payments provided for members under Section 8.588 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section 8.588 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the board of supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Sections 8.588-8, 8.588-9 and 8.588-10. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section 8.588-11, to provide the benefits payable to members under Section 8.588. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section 8.588, said percentage to the ratio of the value on November 2, 1976, or at the later date of a periodical actuarial valuation and investigation into the experience under t

er shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section 8.588, said percentage to the ratio of the value on November 2, 1976, or at the later date of a periodical actuarial valuation and investigation into the experience under the system, of the benefits thereafter to be paid to or on account of members under Section 8.588 from contributions of the City and County, less the amount of such contributions plus accumulated interest thereon, then held by said system to provide said benefits on account of service rendered by respective members after said date,

to the value on said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuation shall be made every even-numbered year and said investigation into the experience under the system shall be made every odd- numbered year. (c) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section 8.588, shall be a part of the fund in which all other assets of said system are included. (Amended November 1996; Amended by Proposition G, 11/4/2008) A8.588-12 RIGHT TO RETIRE 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) A8.588-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section 8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section 8.588 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section 8.588, he or she shall re-enter membership under Section 8.588 and his or her retirement allowance shall be canceled immediately upon his or her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section 8.588. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the retirement board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Amended November 1996) A8.588-14 CONFLICTING CHARTER PROVISIONS 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) A8.588-15 VESTING 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)

A8.588-16 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions: provided, however that if such member is qualified for service retirement by reason of service and age under the provisions of Section 8.588-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and Count shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, 6/3/2008) [A8.590 FIREFIGHTERS, POLICE OFICERS, AND DEPUTY SHERIFS – STRIKES PROHIBITED; DISPUTE RESOLUTION]* A8.590-1 DECLARATION OF POLICY 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) A8.590-2 EMPLOYEES COVERED 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) A8.590-3 PROHIBITION AGAINST STRIKES 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) A8.590-4 OBLIGATION TO NEGOTIATE IN GOOD FAITH Notwithstanding any other provisions of this Charter, or of the ordinances, rules or regulations of the City and County of San Francisco and its departments, boards and commissions, the City and County of San Francisco, through its duly authorized representatives, and recognized employee organizations representing classifications of Firefighters, Police Officers and Deputy Sheriffs shall have the mutual obligation to negotiate in good faith on all matters within the scope of representation as defined by Government Code Sections 3500, et seq., relating to the wages, hours, benefits and terms and conditions of City and County employment, including the establishment of procedures for the resolution of grievances concerning the interpretation or application of any negotiated agreement. Unless and until agreement is reached through negotiations between authorized representatives of the City and County of San Francisco and the recognized employee organization for the classifications of Fire Department, Police Department and Deputy Sheriffs, or a determination

is made through the impartial arbitration procedure hereinafter provided, no existing benefit, term or condition of employment for said fire Department, Police Department or Deputy Sheriffs shall be altered, eliminated or changed. Agreements reached by the duly authorized representatives for the City and County of San Francisco, its departments, boards and commissions and the recognized employee organizations pursuant to this Section shall be binding on the City and County of San Francisco, and on its departments, boards, commissions, officers and employees once adopted by the Board of Supervisors. Said agreements shall supersede any and all other conflicting procedures, provisions and formulas contained in this Charter relating to wages, hours, benefits or terms and conditions of employment. (Amended March 2004) A8.590-5 IMPASSE RESOLUTION PROCEDURES (a) Subject to Section A8.590-5(g), disputes or controversies pertaining to wages, hours, benefits or terms and conditions of employment which remain unresolved after good faith negotiations between the City and County of San Francisco, its departments, boards and commissions and a recognized employee organization representing Firefighters, Police Officers or Deputy Sheriffs shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse either by the authorized representative of the City and County of San Francisco or by the recognized employee organization involved in the dispute. (b) No later than January 20 of any year in which bargaining on an MOU takes place, representatives designated by the City and County of San Francisco and representatives of the recognized employee organization involved in the dispute shall each select and appoint one arbitrator to the Board of Arbitrators. The third member of the Arbitration Board shall be selected by agreement between the City and County of San Francisco and the employee organization, and shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the City and County of San Francisco and the recognized employee organization involved in the dispute cannot agree upon the selection of the neutral arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, either party may then request the State Mediation and Conciliation Service of the State of California Department of Industrial Relations to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the City and County and the employee organization cannot agree within three (3) days after receipt of such list on one of seven (7) persons to act as the neutral arbitrator, they shall alternately strike names from the list of nominees until one name remains and that person shall then become the neutral arbitrator and Chairperson of the Arbitration Board. (c) Any arbitration proceeding convened pursuant to this article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. The Arbitration Board shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Arbitration Board, in the exercise of its discretion, may meet privately with the parties, mediate or arbitrate the issues in dispute. The Arbitration Board may also adopt such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process. (d) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time limit as the Arbitration Board may establish, a last offer of settlement on each of the remaining issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits and terms and conditions of public and private employment, including, but not limited to: changes in the average consumer price index for goods and services; the wages, hours, benefits and terms and conditions of employment of employees performing similar services; the wages, hours, benefits and terms and conditions of other employees in the City and County of San Francisco; and the formulas provided for in this Charter for the establishment and maintenance of wages, hours, benefits and terms and conditions of employment. The impartial Arbitration Board shall also consider the financial condition of the City and County of San Francisco and its ability to meet the costs of the decision of the Arbitration Board. (e) After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten (10) day period the parties shall meet privately, attempt to resolve their differences, and by mutual agreement amend or modify the decision of the Arbitration Board. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board, as it may be modified or amended by the parties, shall be publicly disclosed. Except as limited by Section A8.590-7, the arbitration decision, as it may be modified or amended by the parties, shall supersede any and all other relevant formulas, procedures and provisions of this Charter relating to wages, hours, benefits and terms and conditions of employment; and it shall be final and binding on the parties to the dispute, including the City and County of San Francisco, its commissions, departments, off

8.590-7, the arbitration decision, as it may be modified or amended by the parties, shall supersede any and all other relevant formulas, procedures and provisions of this Charter relating to wages, hours, benefits and terms and conditions of employment; and it shall be final and binding on the parties to the dispute, including the City and County of San Francisco, its commissions, departments, officers and employees. No other actions or procedural steps to confirm or approve the decision of the Arbitration Board shall be permitted or required; provided, however, that the City and County of San Francisco, its designated officers, employees and representatives and the recognized employee organization involved in the dispute shall take whatever action that is necessary to carry out and effectuate the decision of the Arbitration Board. (f) The expenses of any arbitration proceedings convened pursuant to these Charter sections, including the fee for the services of the chairperson of the Arbitration Board, the costs of preparation of the transcript of the proceedings and other costs related to the conduct of the proceedings, as determined by the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur are to be borne by the party incurring such expenses. (g) The impasse resolution procedures set forth in Section A8.590-5 shall not apply to: 1. any dispute or controversy concerning the San Francisco Police Department's crowd control policies; 2. any procedures or practices relating to the processing and disposition of complaints handled by the Office of Citizens'

Complaints; or matters relating to disciplinary procedures that apply to disciplinary actions involving members of the San Francisco Police Department and Fire Department covered by these sections; or matters covered by Charter section A8.343; and 3. any rule, policy, procedure, order or practice which relates or pertains to the purpose, goals or requirements of a consent decree, or which is necessary to ensure compliance with Federal, State or local anti-discrimination laws, ordinances or regulations. In the event the City acts on a matter it has determined relates to or pertains to a consent decree, or in the event the City acts to ensure compliance with Federal, State, or local anti-discrimination laws, ordinances or regulations, and the affected employee organization disputes said determination, that determination or action shall not be subject to arbitration. (h) An agreement reached between the designated representatives for the City and the representatives of a recognized employee organization that is submitted to the Board of Supervisors on or before May 15, or a decision of the Arbitration Board that is submitted to the Board of Supervisors on or before May 10, or May 15 if the parties waive the 10-day period between the Board's decision and public disclosure of the decision, shall be effective on July 1 of the same calendar year upon adoption by the Board of Supervisors. An agreement submitted to the Board of Supervisors after May 15, or a decision of the Arbitration Board that is submitted to the Board of Supervisors after May 10, or May 15 if the parties waive the 10-day period between the Board's decision and public disclosure of the decision, shall become effective no earlier than July 1 of the next calendar year upon approval of the Board of Supervisors. But an agreement reached during the term of an existing memorandum of understanding that results in a net reduction, or results in no net increase, in the cost to the City, during the current fiscal year, of existing economic provisions in the existing memorandum of understanding may become effective at any time upon approval by the Board of Supervisors. Economic provisions include, but are not limited to, wages, premium pay rates, overtime, any employer pickup of the employees' retirement contribution, paid time off, and other compensation. (Amended March 2004; Proposition A, Approved 11/5/2009) A8.590-6 RETIREE BENEFIT ADJUSTMENTS 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) A8.590-7 PRESERVATION OF TAX BENEFITS (a) Sections A8.590-1 through A8.590-7, in their entirety, shall be subject to and limited by Charter section A8.500 and any ordinances enacted pursuant thereto. Sections A8.590-1 through A8.590-7 shall be effective only to the extent that benefits authorized by or authorized pursuant to those sections do not have an adverse consequence on the tax treatment of benefits provided to any employee of the City and County. (b) Any agreement reached by the parties or any decision of the arbitration board which authorizes a modification of any aspect of the Retirement System or of any aspect of the provision for or delivery of retirement benefits shall not become effective until the following occur: (1) The retirement board, acting in its fiduciary capacity, forwards to the Board of Supervisors certification that implementation of the modifications presents no risk to the tax-qualified status of the Retirement System. Such certification shall be based upon the advice of the general manager, the actuary of the Retirement System, and any outside consultants that they may in their discretion retain; and, (2) After having received the certification referred to in the previous paragraph and after having made its own independent finding based on clear and convincing evidence that implementation of the modifications presents no risk to the tax-qualified status of the Retirement System and will not increase the taxes of City and County employees, the Board of Supervisors, by a three-quarters vote, enacts an ordinance making the modifications effective. (c) Costs of any outside consultants retained by the City and County pursuant to this section shall be borne equally by the City and County and by the bargaining units concerned. (Amended March 2004) A8.590-8 RETIREE HEALTH CARE TRUST FUND. 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 Francisc

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) A8.590-9 EMPLOYEES NOT IN THE RETIREMENT SYSTEM It is the intent of the voters that officers and employees of the City and County of San Francisco who are not members of the San Francisco Employees' Retirement System negotiate cost-sharing provisions that produce comparable savings and costs to the City and County as are produced through the Charter's employee contribution rate adjustment formulae. Notwithstanding any other provision of Charter Sections A8.590-1 through A8.590-8, for any officer or employee who is not a member of the Retirement System, the parties in any proceeding under Section A8.590-5 may make proposals, to the extent allowable by law, to effect this principle of equitable participation. If no agreement on this issue is reached, in deciding whichever last offer of settlement should be selected, in addition to the other factors specified by Section A8.590-5, the Arbitration Board shall consider (i) the additional amounts such officers and employees would pay to the Retirement System, or the reduction in the rate of their employee contribution which would apply, if they were members of the Retirement System for the term of the agreement; and (ii) the cost of the City and County's contracts with the Public Employees' Retirement System of the State of California compared to the cost of providing retirement benefits for similarly situated officers and employees through the San Francisco Employees' Retirement System. Charter Section A8.590-9 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, or provisions of Charter Section A8.590-9 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, or provisions of Charter Sections A8.590-9. If any words, phrases, clauses, sentences, or provisions of Charter Section A8.590-9 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Charter Section A8.590-9 which can be given effect. Charter Section A8.590-9 shall be broadly construed to achieve its stated purpose. (Added by Proposition C, Approved 11/8/2011) A8.595 MEMBERS OF THE POLICE DEPARTMENT ON JANUARY 1, 2003 WHO ARE MEMBERS OF THE RETIREMENT SYSTEM UNDER CHARTER SECTION A8.559 Members of the police department on January 1, 2003 who are members of the Retirement System under Section A8.559 may elect to be members of the Retirement System under Section A8.595 instead of Section A8.559. Any such election must be exercised in writing, on a form furnished by the Retirement System, and filed at the office of said system not later than the close of business on December 31, 2002. Those persons who elect to be members under Section A8.595 as provided in the preceding paragraph, shall be members of the system subject to provisions of Sections A8.595 through Section A8.595-14 (which shall apply only to members under Section A8.595) in addition to the provisions contained in Sections 12.100 to 12.103 and Sections A8.500, A8.510 and A8.520 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 A8.559 of this Charter. The provisions of Section A8.595 shall not apply to any member of the Retirement System under Section A8.559 who separated from service, retired or died before January 1, 2003, or to his or her continuant; provided, however, that the provisions of section A8.595-2 shall apply to the adjustment required in Sections A8.559-3, A8-559-4 and A8.559-5 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) A8.595-1 DEFINITIONS The following words and phrases as used in this section A8.595 and Sections A8.595-2 through A8.595-14, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the police department, but excluding remuneration paid for overtime.

For retirement purposes, any increase in compensation attached to a rank which is based solely upon the possession of a POST certificate, compared to the equivalent rank without a POST certificate, shall be subject to the following limitations: (a) for possession of the intermediate POST certificate, no more than 4% shall be included in compensation, (b) for possession of the advanced POST certificate, no more than an additional 2% over the maximum provided in subsection (a), above, shall be included in compensation, These limits shall apply to any pay increments which are solely attributable to the possession of a POST certificate, including but not limited to premiums or special ranks which may be established in the future and which are solely attributable to the possession of a POST certificate. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the police department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the monthly compensation earnable by a member at the time of his or her retirement, or death before retirement, as the case may be, at the rate of remuneration attached at that time to the rank or position which said member held, provided that said member has held said rank or position for at least one year immediately prior to said retirement or death; and provided, further, that if said member has not held said rank or position for at least one year immediately prior to said retirement or death, "final compensation," as to such member, shall mean the monthly compensation earnable by such member in the rank or position next lower to the rank or position which he or she held at the time of retirement or death at the rate of remuneration attached at the time of said retirement or death to said next lower rank or position; provided, however, that in the case of a member's death before retirement as the result of a violent traumatic injury received in the performance of his or her duty, "final compensation," as to such member shall mean the monthly compensation earnable by such member at the rate of remuneration attached on the date he or she receives such injury to the rank or position held by such member on that date. For purposes of calculation of final compensation, any increase in pay solely attributable to possession of a POST certificate shall be included only if the member possesses the qualifying POST certificate for a period of not less than four (4) years prior to his or her retirement date; provided, however, that should a member possess the qualifying POST certificate for a period of time less than four (4) years prior to retirement, final compensation shall be calculated based upon the monthly compensation in the next lower rank not requiring possession of the qualifying POST certificate. For the purpose of Sections A8.595 through A8.595-14, the terms "member of the police department," "member of the department," or "member" shall mean any officer or employee of the police department, who was a member of the police department on January 1, 2003 and a member of the Retirement System under Section A8.559 and who elected to be a member of Section A8.595 as provided in Section A8.595. Any police service performed by such members of the police department outside the limits of the City and County 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. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. (Added November 2002) A8.595-2 SERVICE RETIREMENT Any member of the police department who completes at least twenty-five (25) years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.595-10, 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 the final compensation of said member, as defined in Section A8.595-1, set forth below opposite his or her age at retirement, taken to the preceding quarter year, for each year of service, as computed under Section A8.595-10: 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. If, at the date of retirement for service, or retirement for disability resulting from an injury received in the performance of duty, said member has no spouse, children or dependent parents, who would qualify for the continuance of the allowance after the death of said member, or with respect to the portion of the allowance which would not be continued regardless of dependents, or upon retirement for disability resulting from other causes, with respect to all of the allowance and regardless of dependents at retirement, a member retired under this section, or Section A8.595-3, may elect before the first payment of the retirement allowance is made, to receive the actuarial equivalent of his or her allowance or the portion which would not be continued regardless of dependents, as the case may be, partly in a lesser allowance to be received by him or her throughout his or her life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar election by other members of the Retirement System, including the character and amount of such other benefits. (Added November 2002) A8.595-3 RETIREMENT FOR INCAPACITY Any member of the police department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.595-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.595-1. Said allowance shall be paid to said member until the date upon which said member would have qualified for service retirement had he or she lived and rendered service without interruption in the rank held by the member at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.595-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.595-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.595-2, but not less than 55 percent of said final compensation. Any member of the police department who becomes incapacitated for performance of his or her duty, by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.595-10, shall be retired upon an allowance of one and one-half percent of the final compensation of said member as defined in Section A8.595-1 for each year of service, provided that said allowance shall not be less than 331/3 percent of said final compensation; provided, however, that if such member has completed at least 25 years of service in the aggregate, computed as provided in Section A8.595-10, but has not yet attained the age of 50 years, he or she shall receive an allowance equal to the retirement allowance he or she would have received if he or she had attained the age of 50 years and retired under Section A8.595-2 as of the date of retirement for such incapacity. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the police commission, or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease, and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added November 2002)

A8.595-4 DEATH ALLOWANCE If a member of the police department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the day of death, but such allowance shall not be less than 55 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the final compensation of said member at the date of death, until the date upon which said member would have qualified for service retirement, had he or she lived and rendered service without interruption in the rank held by the member at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such monthly final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section 5.595 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be reduced upon the date at which said member would have qualified for service retirement, in the same manner as it would have been reduced had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Added November 2002) A8.595-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the police department resulting from any cause, other than an injury received in, or illness caused by performance of duty; (a) if his or her death occurred after qualification for service retirement, under Section A8.595-2 or after retirement for service or because of disability which resulted from any cause other than an injury received in, or illness caused by performance of duty, three- fourths of his or her retirement allowance to which the member would have been entitled if he or she had retired for service at the time of death or three-fourths of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout life or until remarriage to his or her surviving spouse; or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, three-fourths of the retirement allowance to which he or she would have been entitled under Section A8.595-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse; or (c) if his or her death occurred after retirement for disability by reason of injury received in, or illness caused by performance of duty, his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage, to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date of which said member would have qualified for service retirement, in the same manner as it would have been adjusted had the member not died; or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.595-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.595-3 if he or she had retired on the date of death because of incapacity for performance of duty resulting from a cause other than bodily injury received in, or illness caused by performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled

owance to which the member would have been entitled pursuant to Section A8.595-3 if he or she had retired on the date of death because of incapacity for performance of duty resulting from a cause other than bodily injury received in, or illness caused by performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her death if he or she had retired.

As used in this section and Section A8.595-4, "surviving spouse" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving spouse, in the event of death of the member after qualification for but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.595-A8, in lieu of the allowance which otherwise would be continued to him or her under this section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "Qualification for service retirement" or "Qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section A8.595 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.595-10. (Added November 2002) A8.595-6 ADJUSTMENT OF ALLOWANCES Every retirement or death allowance payable to or on account of any member under Section A8.595 shall be increased or decreased as of January 1, 2003, and thereafter on the effective date of any legislation fixing the rates of compensation for police officers under section A8.590-1 et seq. of this Charter by an amount equal to 50 percent of any increase or decrease, respectively, in the rate of remuneration attached to the rank or position upon which such retirement or death allowance was based; provided, however, that no allowance shall be reduced below the amount being received by a member or his or her beneficiary on January 1, 2003, or on the date such member or beneficiary began to receive the allowance, whichever is later. (Added November 2002) A8.595-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.595-8 DEATH BENEFIT 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 8.595-4 or 8.595-5 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) A8.595-9 REFUNDS AND REDEPOSITS 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) A8.595-10 COMPUTATION OF SERVICE 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 reentry into service: (a) Time during and for which said member is entitled to receive compensation because of services as a member of the fire or police department. (b) Time during which said member served and received compensation as a jail matron in the office of the sheriff. (c) Time during which said member is absent from a status included in Subsections (a) or (b) 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. (d) 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. (Added November 2002; Amended by Proposition G, 11/4/2008) A8.595-11 SOURCES OF FUNDS All payments provided for members under Section A8.595 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.595 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the board of supervisors for crediting interest to contributions of other members of the Retirement System. shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Section A8.595-4, A8.595-5 and A8.595-8. (b) The dependent contributions of each member under this Section which shall be required of each member throughout his or her membership in addition to the normal contributions, and in the same manner as normal contributions, shall be such as, on the average for such member, will provide, assuming service without interruption under Section A8.595-2, and upon he or she first qualifying as to age and service for retirement under that section, one-third of the portion of his or her allowance, which is to be continued under Section A8.595-5 after his or her death and throughout the life of a surviving spouse whose age at said death is three years less than the age of said member. If, at the date of retirement for service or retirement for disability resulting from injury received in the performance of duty, said member has no spouse who would qualify for the continuance of the allowance to him or her after the death of said member, or upon retirement for disability resulting from other causes, regardless of his or her marital conditions, the dependent contributions with accumulated interest thereon, shall be paid to him or her forthwith. The dependent rate of contribution, however, shall not exceed the difference between seven percent and the member's normal rate of contribution, and said dependent rate may be taken as a flat percentage of the member's normal rate, regardless of the age of qualification for service retirement. (c) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.595-11, to provide the benefits payable to members under Section A8.595. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.595 in accordance with the provisions of Section A8.510. (d) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.595, shall be a part of the fund in which all other assets of said system are included. (e) Any year in which, based upon the Retirement System's annual actuarial valuation, the employer contribution rate exceeds 0%, the employee organizations representing safety members shall jointly meet and confer with City representatives to implement a cost sharing arrangement between the City and employee organizations. Such arrangement will effect a material reduction of the cost impact of employer contributions on the City's general fund. The dollar value of the cost sharing arrangement shall not exceed the total annual cost to the Retirement System of improving the police and fire safety retirement plans to the 3% @ 55 benefit level or the total employer contribution required by the Retirement System, whichever is lesser. Such cost sharing arrangement shall not require an employee contribution in excess of the limits set elsewhere in this Charter. The meet and confer process, including all impasse procedures under Section A8.590-1 et seq., shall be concluded not later than April 1st except by mutual agreement of the parties. The cost sharing arrangement must be finalized to permit implementation effective July 1. (f) Notwithstanding any other provision of this Section A8.595-11 or this Charter, beginning on Ju

re in this Charter. The meet and confer process, including all impasse procedures under Section A8.590-1 et seq., shall be concluded not later than April 1st except by mutual agreement of the parties. The cost sharing arrangement must be finalized to permit implementation effective July 1. (f) Notwithstanding any other provision of this Section A8.595-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (c). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below:

Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -6.0% .01%-1.0% -5.0% 1.01%-2.5% -4.75% 2.51%-4.0% -4.5% 4.01%-5.5% -3.5% 5.51%-7.0% -3.0% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 3.0% 20.01%-22.5% 3.5% 22.51%-25.0% 4.5% 25.01%-27.5% 4.5% 27.51%-30.0% 4.75% 30.01%-32.5% 4.75% 32.51%-35.0% 5.0% Over 35.0% 6.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.595, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.595-4, A8.595-5 and A8.595-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System on account of said member otherwise required for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (c) for that fiscal year. (g) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including the impasse procedures under Sections A8.590 et seq. (Added November 2002; amended by Proposition G, Approved 11/4/2008; Proposition C, Approved 11/8/2011) A8.595-12 RIGHT TO RETIRE Upon the completion of the years of service set forth in Section A8.595-2 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 A8.595-2, and nothing shall deprive said member of said right. (Added November 2002) A8.595-13 LIMITATION IN EMPLOYMENT DURING RETIREMENT Except as otherwise provided in Section A8.511 of this Charter, no person retired as a member under Section A8.595 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, or in the preparation for, or the giving of, testimony as an expert witness for or on behalf of the City and County of San Francisco before any court or legislative body shall not be affected by this section.

(Added November 2002) A8.595-14 VESTING 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 A8.595 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 A8.595-2 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. The provisions of Section A8.595-14 shall not apply to any members of the Retirement System under Section A8.559 who terminated before January 1, 2003 or their continuants. No vesting retirement allowance under this section shall exceed ninety (90%) percent of the member's final compensation. Any member of the police department convicted of a crime involving moral turpitude committed in connection with his or her duties as a member of the Police Department shall, upon termination of his or her employment pursuant to the provisions of this Charter, forfeit all right to any benefits under this section except refund of his or her accumulated contributions. Every retirement or death allowance payable to or on account of any member under Section A8.595-14 shall be adjusted in accordance with the provisions of Section A8.595-6 provided that if the member's accrued service credit is less than 25 years the Section A8.595-6 adjustment will be multiplied by a fraction where the denominator is 25 and the numerator is equal to the member's accrued service credit at the date of termination. (Added November 2002) A8.595-15 SEVERABILITY Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.595 or with any part thereof, shall be superseded by the contents of Section A8.595. Section A8.595 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 A8.595 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 A8.595. If any words,. phrases, clauses, sentences, subsections, provisions or portions of Section A8.595 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.595 which can be given effect. Section A8.595 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011) A8.596 MEMBERS OF THE FIRE DEPARTMENT ON JANUARY 1, 2003 WHO ARE MEMBERS OF THE RETIREMENT SYSTEM UNDER CHARTER SECTION A8.585 Members of the fire department on January 1, 2003 who are members of the Retirement System under Section A8.585 may elect to be members of the Retirement System under Section A8.596 instead of Section A8.585. Any such election must be exercised in writing, on a form furnished by the Retirement System, and filed at the office of said system not later than the close of business on December 31, 2002. Those persons who elect to be members under Section A8.596 as provided in the preceding paragraph, shall be members of the system subject to provisions of Section A8.596 through Section A8.596-14 (which shall apply only to members under Section A8.596) in addition to the provisions contained in Sections 12.100 to 12.103 and Sections A8.500, A8.510 and A8.520 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 A8.585 of this Charter. The provisions of section A8.596 shall not apply to any member of the Retirement System under section A8.585 who separated from service, retired or died before January 1, 2003, or to his or her continuant; provided, however, that the provisions of section A8.596-2 shall apply to the adjustment required in Sections A8.585-3, A8-585-4 and A8.585-5 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) A8.596-1 DEFINITIONS

The following words and phrases as used in this section A8.596 and Sections A8.596-2 through A8.596-14, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the fire department, but excluding remuneration paid for overtime. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the fire department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the monthly compensation earnable by a member at the time of his or her retirement, or death before retirement, as the case may be, at the rate of remuneration attached at that time to the rank or position which said member held, provided that said member has held said rank or position for at least one year immediately prior to said retirement or death; and provided, further, that if said member has not held said rank or position for at least one year immediately prior to said retirement or death, "final compensation," as to such member, shall mean the monthly compensation earnable by such member in the rank or position next lower to the rank or position which he or she held at the time of retirement or death at the rate of remuneration attached at the time of said retirement or death to said next lower rank or position; provided, however, that in the case of a member's death before retirement as the result of a violent traumatic injury received in the performance of his or her duty, "final compensation," as to such member shall mean the monthly compensation earnable by such member at the rate of remuneration attached on the date he or she receives such injury to the rank or position held by such member on that date. For the purpose of Sections A8.596 through A8.596-14, the terms "member of the fire department," "member of the department," or "member" shall mean any officer or employee of the fire department, who was a member of the fire department on January 1, 2003 and a member of the Retirement System under Section A8.585 and who elected to be a member of Section A8.596 as provided in Section A8.596. Any fire service performed by such members of the fire department outside the limits of the City and County 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. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. (Added November 2002) A8.596-2 SERVICE RETIREMENT Any member of the fire department who completes at least twenty-five (25) years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.596-10, 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 the final compensation of said member, as defined in Section A8.596-1, set forth below opposite his or her age at retirement, taken to the preceding quarter year, for each year of service, as computed under Section A8.596-10: 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. If, at the date of retirement for service, or retirement for disability resulting from an injury received in the performance of duty, said member has no spouse, children or dependent parents, who would qualify for the continuance of the allowance after the death of said member, or with respect to the portion of the allowance which would not be continued regardless of dependents, or upon retirement for disability resulting from other causes, with respect to all of the allowance and regardless of dependents at retirement, a member retired under this section, or Section A8.596-3, may elect before the first payment of the retirement allowance is made, to receive the actuarial equivalent of his or her allowance or the portion which would not be continued regardless of dependents, as the case may be, partly in a lesser allowance to be received by him or her throughout his or her life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar election by other members of the Retirement System, including the character and amount of such other benefits. (Added November 2002) A8.596-3 RETIREMENT FOR INCAPACITY Any member of the fire department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.596-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.596-1. Said allowance shall be paid to said member until the date upon which said member would have qualified for service retirement had he or she lived and rendered service without interruption in the rank held by the member at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.596-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.596-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.596-2, but not less than 55 percent of said final compensation. Any member of the fire department who becomes incapacitated for performance of his or her duty, by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.596-10, shall be retired upon an allowance of one and one-half percent of the final compensation of said member as defined in Section A8.596-1 for each year of service, provided that said allowance shall not be less than 331/3 percent of said final compensation; provided, however, that if such member has completed at least 25 years of service in the aggregate, computed as provided in Section A8.596-10, but has not yet attained the age of 50 years, he or she shall receive an allowance equal to the retirement allowance he or she would have received if he or she had attained the age of 50 years and retired under Section A8.596-2 as of the date of retirement for such incapacity. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the fire commission, or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease, and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added November 2002) A8.596-4 DEATH ALLOWANCE If a member of the fire department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on

the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the day of death, but such allowance shall not be less than 55 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the final compensation of said member at the date of death, until the date upon which said member would have qualified for service retirement, had he or she lived and rendered service without interruption in the rank held by the member at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 55 percent of such monthly final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section 5.596 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be reduced upon the date at which said member would have qualified for service retirement, in the same manner as it would have been reduced had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Added November 2002) A8.596-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the fire department resulting from any cause, other than an injury received in, or illness caused by performance of duty; (a) if his or her death occurred after qualification for service retirement, under Section A8.596-2 or after retirement for service or because of disability which resulted from any cause other than an injury received in, or illness caused by performance of duty, three- fourths of his or her retirement allowance to which the member would have been entitled if he or she had retired for service at the time of death or three-fourths of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout life or until remarriage to his or her surviving spouse; or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, three-fourths of the retirement allowance to which he or she would have been entitled under Section A8.596-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse; or (c) if his or her death occurred after retirement for disability by reason of injury received in, or illness caused by performance of duty, his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage, to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date of which said member would have qualified for service retirement, in the same manner as it would have been adjusted had the member not died; or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.596-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.596-3 if he or she had retired on the date of death because of incapacity for performance of duty resulting from a cause other than bodily injury received in, or illness caused by performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after m

he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her death if he or she had retired. As used in this section and Section A8.596-4, "surviving spouse" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving spouse, in the event of death of the member after qualification for but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.596-8, in lieu of the allowance which otherwise would be

continued to him or her under this section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "Qualification for service retirement" or "Qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section A8.596 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.596-10. (Added November 2002) A8.596-6 ADJUSTMENT OF ALLOWANCES Every retirement or death allowance payable to or on account of any member under Section A8.596 shall be increased or decreased as of January 1, 2003, and thereafter on the effective date of any legislation fixing the rates of compensation for firefighters under section A8.590-1 et seq. of this Charter by an amount equal to 50 percent of any increase or decrease, respectively, in the rate of remuneration attached to the rank or position upon which such retirement or death allowance was based; provided, however, that no allowance shall be reduced below the amount being received by a member or his or her beneficiary on January 1, 2003, or on the date such member or beneficiary began to receive the allowance, whichever is later. (Added November 2002) A8.596-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.596-8 DEATH BENEFIT 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 A8.596-4 or A8.596-5 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) A8.596-9 REFUNDS AND REDEPOSITS 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) A8.596-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the fire 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 reentry 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. (b) 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. (c) 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. (Added November 2002; Amended by Proposition G, 11/4/2008) A8.596-11 SOURCES OF FUNDS All payments provided for members under Section A8.596 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.596 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the board of supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Section A8.596-4, A8.596-5 and A8.596-8. (b) The dependent contributions of each member under this Section which shall be required of each member throughout his or her membership in addition to the normal contributions, and in the same manner as normal contributions, shall be such as, on the average for such member, will provide, assuming service without interruption under Section A8.596-2, and upon he or she first qualifying as to age and service for retirement under that section, one-third of the portion of his or her allowance, which is to be continued under Section A8.596-5 after his or her death and throughout the life of a surviving spouse whose age at said death is three years less than the age of said member. If, at the date of retirement for service or retirement for disability resulting from injury received in the performance of duty, said member has no spouse who would qualify for the continuance of the allowance to him or her after the death of said member, or upon retirement for disability resulting from other causes, regardless of his or her marital conditions, the dependent contributions with accumulated interest thereon, shall be paid to him or her forthwith. The dependent rate of contribution, however, shall not exceed the difference between seven percent and the member's normal rate of contribution, and said dependent rate may be taken as a flat percentage of the member's normal rate, regardless of the age of qualification for service retirement. (c) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.596-11, to provide the benefits payable to members under Section A8.596. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.596 in accordance with the provisions of Section A8.510. (d) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.596, shall be a part of the fund in which all other assets of said system are included. (e) Any year in which, based upon the Retirement System's annual actuarial valuation, the employer contribution rate exceeds 0%, the employee organizations representing safety members shall jointly meet and confer with City representatives to implement a cost sharing arrangement between the City and employee organizations. Such arrangement will effect a material reduction of the cost impact of employer contributions on the City's general fund. The dollar value of the cost sharing arrangement shall not exceed the total annual cost to the Retirement System of improving the police and fire safety retirement plans to the 3% @ 55 benefit level or the total employer contribution required by the Retirement System, whichever is lesser. Such cost sharing arrangement shall not require an employee contribution in excess of the limits set elsewhere in this Charter. The meet and confer process, including all impasse procedures under section A8.590-1 et seq., shall be concluded not later than April 1st except by mutual agreement of the parties. The cost sharing arrangement must be finalized to permit implementation effective July 1. (f) Notwithstanding any other provision of this Section A8.596-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (c). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -6.0% .01%-1.0% -5.0% 1.01%-2.5% -4.75% 2.51%-4.0% -4.5% 4.01%-5.5% -3.5%

5.51%-7.0% -3.0% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 3.0% 20.01%-22.5% 3.5% 22.51%-25.0% 4.5% 25.01%-27.5% 4.5% 27.51%-30.0% 4.75% 30.01%-32.5% 4.75% 32.51%-35.0% 5.0% Over 35.0% 6.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.596, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.596-4, A8.596-5 and A8.596-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System on account of said member otherwise required for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (c) for that fiscal year. (g) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including the impasse procedures under Section A8.590 et seq. (Added November 2002; amended by Proposition G, Approved 11/4/2008; Proposition C, Approved 11/8/2011) A8.596-12 RIGHT TO RETIRE Upon the completion of the years of service set forth in Section A8.596-2 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 A8.596-2, and nothing shall deprive said member of said right. (Added November 2002) A8.596-13 LIMITATION IN EMPLOYMENT DURING RETIREMENT Except as otherwise provided in Section A8.511 of this Charter, no person retired as a member under Section A8.596 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, or in the preparation for, or the giving of, testimony as an expert witness for or on behalf of the City and County of San Francisco before any court or legislative body shall not be affected by this section. (Added November 2002) A8.596-14 VESTING 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 A8.596 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 A8.596-2 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. The provisions of Section A8.596-14 shall not apply to any members of the Retirement System under Section A8.585 who terminated before January 1, 2003 or their continuants. No vesting retirement allowance under this section shall exceed ninety (90%) percent of the member's final compensation. Any member of the fire department convicted of a crime involving moral turpitude committed in connection with his or her duties as a member of the fire department shall, upon termination of his or her employment pursuant to the provisions of this Charter, forfeit all right to any benefits under this section except refund of his or her accumulated contributions. Every retirement or death allowance payable to or on account of any member under Section A8.596-14 shall be adjusted in accordance with the provisions of Section A8.596-6 provided that if the member's accrued service credit is less than 25 years the Section A8.596-6 adjustment will be multiplied by a fraction where the denominator is 25 and the numerator is equal to the member's accrued service credit at the date of termination. (Added November 2002) A8.596-15 SEVERABILITY Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.596 or with any part thereof shall be superseded by the contents of Section A8.596. Section A8.596 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 A8.596 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 A8.596. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.596 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.596 which can be given effect. Section A8.596 shall be broadly construed to achieve its stated purposes. (Added by Proposition C, Approved 11/8/2011) 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 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) A8.597-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.597 and Section A8.597-2 through A8.597-14, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during

which the individual receiving such remuneration is a member of the police department, but excluding remuneration paid for overtime. Subject to the requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. Provided, however, that for retirement purposes, any increase in compensation attached to a rank which is based solely upon the possession of a POST certificate, compared to the equivalent rank without a POST certificate, shall be subject to the following limitations: (a) for possession of the intermediate POST certificate, no more than 4% shall be included in compensation, (b) for possession of the advanced POST certificate, no more than an additional 2% over the maximum provided in subsection (a), above, shall be included in compensation, These limits shall apply to any pay increments which are solely attributable to the possession of a POST certificate, including but not limited to premiums or special ranks which may be established in the future and which are solely attributable to the possession of a POST certificate. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the police department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earnable by a member during any one year of credited service in which his or her average compensation is the highest. For purposes of calculation of final compensation, any increase in pay solely attributable to possession of a POST certificate shall be included only if the member possesses the qualifying POST certificate for a period of not less than four (4) years prior to his or her retirement date; provided, however, that should a member possess the qualifying POST certificate for a period of time less than four (4) years prior to retirement, final compensation shall be calculated based upon the monthly compensation in the next lower rank not requiring possession of the qualifying POST certificate. For the purpose of Section A8.597 through A8.597-14, the terms "member of the police department," "member of the department," or "member" shall mean any member of the police department on January 1, 2003 who was an active member of the Retirement System under Section A8.586, and any officer or employee of the police department employed after January 1, 2003 who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed after January 1, 2003 at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of criminologist, photographer, police woman or jail matron; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the police department prior to assignment to active duty with said department. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. (Added November 2002) A8.597-2 SERVICE RETIREMENT 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) A8.597-3 RETIREMENT FOR INCAPACITY Any member of the police department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.597-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.597-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.597-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.597-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.597-2, but not less than 50 percent of said final compensation. Any member of the police department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.597-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.597-1 for each year of service, provided that said allowance shall not be less than 331/3 percent of said final compensation. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the police commission or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added November 2002) A8.597-4 DEATH ALLOWANCE If a member of the police department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.597 and retirement

was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. The amendments to this Section A8.597-4, approved by the electorate on November 2, 2004 shall apply to any work-related death that occurs on or after November 2, 2004, and to any qualified survivor who, on November 2, 2004, is receiving a continuation allowance under this section due to the work-related death of a member on or after January 1, 1989. Any increase in the continuation allowance payable to such a qualified survivor by virtue of the amendments to this section approved by the electorate on November 2, 2004 shall be prospective only, beginning November 2, 2004. (Added November 2002; amended November 2004) A8.597-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the police department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.597-2, or after retirement service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.597-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.597-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.597-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this section and Section A8.

dency. No allowance, however shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this section and Section A8.597-4 "surviving spouse" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.597-8, in lieu of the allowance which otherwise would be continued to him or her under this section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section A8.597 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.597-10.

(Added November 2002) A8.597-6 ADJUSTMENT OF ALLOWANCES 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) A8.597-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.597-8 DEATH BENEFIT 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) A8.597-9 REFUNDS AND REDEPOSITS 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) A8.597-10 COMPUTATION OF SERVICE 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. (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. (d) Time during which said member earned compensation as an airport police officer, provided that said member does not receive a retirement allowance from the Public Employees' Retirement System or receive credit from the Public Employees' Retirement System for the same service, and provided further that the accumulated assets with interest and accrued liability for the past service relating to

each said member is transferred from the Public Employees' Retirement System to his or her Section A8.597 account, or if previously refunded, is redeposited into his or her Section A8.597 account with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement Board: The Retirement Board shall require that each said member execute a waiver consenting to the transfer so that any airport police officer service covered by Section A8.597 is not also covered by other pension provisions in this Charter, and so that any such member is not receiving either a retirement allowance or service credit from the Public Employees' Retirement System for the same service, and agree to pay for any required costs allocable to such member under Section A8.506-2. Members of the police department on November 6, 2007, who are members of the Retirement System under Section A8.597 shall execute and file said waiver on or before February 1, 2008. Failure to file a timely waiver shall bar any application to have such airport police officer service treated as safety service under this subsection. The additions to this Section A8.597-10, approved by the electorate on November 6, 2007, shall not apply to any member of the Retirement System who separated from service, retired, or died before November 6, 2007, or to his or her continuant. (Added November 2002; Amended by Proposition F, Approved 11/6/2007; Amended by Proposition G, 11/4/2008) A8.597-11 SOURCES OF FUNDS All payments provided for members under Section A8.597 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.597 a sum equal to seven percent of such payment of compensation plus the member's allocable share, if any, of the costs required under Section A8.506-2. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the board of supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Sections A8.597-5, A8.597-6 and A8.597-8. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.597-11, to provide the benefits payable to members under Section A8.597. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.597 in accordance with the provisions of Section A8.510. (c) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.597, shall be a part of the fund in which all other assets of said system are included. (d) Any year in which, based upon the Retirement System's annual actuarial valuation, the employer contribution rate exceeds 0%, the employee organizations representing safety members shall jointly meet and confer with City representatives to implement a cost sharing arrangement between the City and employee organizations. Such arrangement will effect a material reduction of the cost impact of employer contributions on the City's general fund. The dollar value of the cost sharing arrangement shall not exceed the total annual cost to the Retirement System of improving the police and fire safety retirement plans to the 3% @ 55 benefit level or the total employer contribution required by the Retirement System, whichever is lesser. Such cost sharing arrangement shall not require an employee contribution in excess of the limits set elsewhere in this Charter. The meet and confer process, including all impasse procedures under section A8.590-1 et seq., shall be concluded not later than April 1st except by mutual agreement of the parties. The cost sharing arrangement must be finalized to permit implementation effective July 1. (e) Notwithstanding any other provision of this Section A8.597-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -6.0% .01%-1.0% -5.0% 1.01%-2.5% -4.75% 2.51%-4.0% -4.5% 4.01%-5.5% -3.5% 5.51%-7.0% -3.0% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0%

12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 3.0% 20.01%-22.5% 3.5% 22.51%-25.0% 4.5% 25.01%-27.5% 4.5% 27.51%-30.0% 4.75% 30.01%-32.5% 4.75% 32.51%-35.0% 5.0% Over 35.0% 6.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.597, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.597-4, A8.597-4 and A8.597-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System on account of said member otherwise required for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. Said contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including the impasse procedures under Sections A8.590 et seq. (Added November 2002; amended by Proposition F, Approved 11/6/2007; Proposition G, Approved 11/4/2008; Proposition C, Approved 11/8/2011) A8.597-12 RIGHT TO RETIRE 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) A8.597-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.597 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.597, he or she shall re-enter membership under Section A8.597 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.597. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the retirement board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable,

at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added November 2002) A8.597-14 SEVERABILITY 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) A8.597-15 VESTING 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) A8.597-16 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section 8.597-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, 6/3/2008) 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 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) A8.598-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.598 and Section A8.598-2 through A8.598-14, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the fire department, but excluding remuneration paid for overtime. Subject to the requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the fire department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earnable by a member during any one year of credited service in which his or her average compensation is the highest. For the purpose of Section A8.598 through A8.598-14, the terms "member of the fire department," "member of the department," or "member" shall mean any member of the fire department on January 1, 2003 who was an active member of the Retirement System under Section A8.588, and any officer or employee of the fire department employed after January 1, 2003 who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed after January 1, 2003 at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of pilot of fireboats, or marine engineer of fireboats; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the fire department prior to assignment to active duty with said department. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the retirement board. (Added November 2002) A8.598-2 SERVICE RETIREMENT 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) A8.598-3 RETIREMENT FOR INCAPACITY Any member of the fire department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.598-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the retirement board for that purpose; provided that the retirement board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.598-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.598-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.598-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.598-2, but not less than 50 percent of said final compensation. Any member of the fire department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.598-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.598-1 for each year of service, provided that said allowance shall not be less than 331/3 percent of said final compensation. The question of retiring a member under this section may be brought before the retirement board on said board's own motion, by recommendation of the fire commission or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added November 2002) A8.598-4 DEATH ALLOWANCE If a member of the fire department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such

allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.598 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. The amendments to this Section A8.597-4, approved by the electorate on November 2, 2004 shall apply to any work-related death that occurs on or after November 2, 2004, and to any qualified survivor who, on November 2, 2004, is receiving a continuation allowance under this section due to the work-related death of a member on or after January 1, 1989. Any increase in the continuation allowance payable to such a qualified survivor by virtue of the amendments to this section approved by the electorate on November 2, 2004 shall be prospective only, beginning November 2, 2004. (Added November 2002; amended November 2004) A8.598-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the fire department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.598-2, or after retirement service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.598-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.598-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.598-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allo

entitled pursuant to Section A8.598-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this section and Section A8.598-4 "surviving spouse" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or

annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.598-8, in lieu of the allowance which otherwise would be continued to him or her under this section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section A8.598 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.598-10. (Added November 2002) A8.598-6 ADJUSTMENT OF ALLOWANCES 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) A8.598-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.598-8 DEATH BENEFIT 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) A8.598-9 REFUNDS AND REDEPOSITS 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) A8.598-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the fire 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. (b) Time prior to January 1, 2003, during which said member was entitled to receive compensation while a member of the police or

fire department under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the retirement board; and solely for the purpose of determining qualification for retirement under Section A8.598-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments. (c) Time during which said member earned compensation as a paramedic with the fire department or department of public health, provided that the accumulated contributions on account of such service are transferred to his or her Section A8.598 account or, if previously refunded, are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the retirement board. The retirement board shall require that said member execute a waiver so that any paramedic service covered by Section A8.598 is not also covered by other pension provisions in this Charter. Members of the fire department on January 1, 2003, who are members of the Retirement System under Section A8.598, shall execute and file said waiver on or before June 30, 2003. Persons who become members of the fire department, as defined in Section A8.598-1, after January 1, 2003, shall execute and file said waiver within 90 days after their effective date of membership. Failure to file a timely waiver shall bar any application to have such paramedic service treated as safety service under this subsection. (d) 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. (e) 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. (Added November 2002; Amended by Proposition G, 11/4/2008) A8.598-11 SOURCES OF FUNDS All payments provided for members under Section A8.598 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.598 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Section A8.598-4, A8.598-5 and A8.598-8. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.598-11, to provide the benefits payable to members under Section A8.598. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.598 in accordance with the provisions of Section A8.510. (c) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.598, shall be a part of the fund in which all other assets of said system are included. (d) Any year in which, based upon the Retirement System's annual actuarial valuation, the employer contribution rate exceeds 0%, the employee organizations representing safety members shall jointly meet and confer with City representatives to implement a cost sharing arrangement between the City and employee organizations. Such arrangement will effect a material reduction of the cost impact of employer contributions on the City's general fund. The dollar value of the cost sharing arrangement shall not exceed the total annual cost to the Retirement System of improving the police and fire safety retirement plans to the 3% @ 55 benefit level or the total employer contribution required by the Retirement System, whichever is lesser. Such cost sharing arrangement shall not require an employee contribution in excess of the limits set elsewhere in this Charter. The meet and confer process, including all impasse procedures under Section A8.590-1 et seq., shall be concluded not later than April 1st except by mutual agreement of the parties. The cost sharing arrangement must be finalized to permit implementation effective July 1. The Retirement Board's authority under Charter Section 12.100 and in Section A8.510 concerning the annual setting of the rates of contribution are not subject to the meet and confer process, including all impasse procedures under Section A8.590-1 et seq. (e) Notwithstanding any other provision of this

cost sharing arrangement must be finalized to permit implementation effective July 1. The Retirement Board's authority under Charter Section 12.100 and in Section A8.510 concerning the annual setting of the rates of contribution are not subject to the meet and confer process, including all impasse procedures under Section A8.590-1 et seq. (e) Notwithstanding any other provision of this Section A8.598-11 or this Charter, for fiscal years beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution

Employer Contribution Rate Change In Member Contribution 0% -6.0% .01%-1.0% -5.0% 1.01%-2.5% -4.75% 2.51%-4.0% -4.5% 4.01%-5.5% -3.5% 5.51%-7.0% -3.0% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 3.0% 20.01%-22.5% 3.5% 22.51%-25.0% 4.5% 25.01%-27.5% 4.5% 27.51%-30.0% 4.75% 30.01%-32.5% 4.75% 32.51%-35.0% 5.0% Over 35.0% 6.0% The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.598, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.598-4, A8.598-5 and A8.598-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System on account of said member otherwise required for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including the impasse procedures under Sections A8.590 et seq. (Added November 2002; amended by Proposition G, Approved 11/4/2008; Proposition C, Approved 11/8/2011) A8.598-12 RIGHT TO RETIRE 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) A8.598-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.598 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month.

(3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.598, he or she shall re-enter membership under Section A8.598 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.598. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the retirement board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added November 2002) A8.598-14 SEVERABILITY 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) A8.598-15 VESTING 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) A8.598-16 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section 8.598-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System, an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, 6/3/2008) A8.599 TAX-DEFERRED PLANS FOR ACCUMULATED

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) A8.600 MISCELLANEOUS OFFICERS AND EMPLOYEES 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) A8.600-1 DEFINITIONS 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: "Retirement allowance," or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the workers' compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. "Compensation earnable" shall mean the compensation as determined by the Retirement Board, which would have been earned by the member had he or she worked, throughout the period under consideration, the average number of days ordinarily worked by persons in the same grade or class of positions as the positions held by him or her during such period and at the rate of pay attached to such positions, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to entering City service, he or she was in the position first held by him or her in City service. "Benefit" shall include "allowance," "retirement allowance," and "death benefit." "Average final compensation" shall mean the average monthly compensation earned by a member during the higher of any two consecutive fiscal years of earnings or the twenty-four months of earnings immediately prior to retirement. For the purposes of the Retirement System and of this section, Section A8.600 and Sections A8.600-2 through A8.600-14, the terms "miscellaneous officer or employee," or "member," shall mean any officer or employee employed on and after July 1, 2010, who is not a member of the police or fire departments as defined in the Charter for the purposes of the Retirement System. Said terms shall not include those persons who become members under the Public Employees' Retirement System or members of the State Teachers' Retirement System. "Retirement System" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Sections 12.100 and A8.500 of the Charter. "Retirement Board" shall mean "Retirement Board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco.

Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition D, Approved 6/8/2010) A8.600-2 SERVICE RETIREMENT Any member who completes at least 20 years of service in the aggregate credited in the Retirement System and attains the age of 50 years, or at least 10 years of service in the aggregate credited in the Retirement System, and attains the age of 60 years, said service to be computed under Section A8.600-7 may retire for service at his or her option. Members may retire under this section or under the provisions of A8.600-6, on the first day of the month next following the attainment by them of the age of 65 years. A member retired after reaching the age of 62 years shall receive a service retirement allowance at the rate of 2.3 percent of said average final compensation for each year of service. The service retirement allowance of any member retiring prior to a) attaining the age of 60 years, and after rendering 20 years or more of such service, computed under Section A8.600-7, and having attained the age of 50 years, b) attaining the age of 60 years, and after rendering 10 years or more of such service, computed under Section A8.600-7, shall be an allowance equal to the percentage of said average final compensation set forth opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, computed under Section A8.600-7: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 50 1.000 50¼ 1.0250 50½ 1.0500 50¾ 1.0750 51 1.1000 51¼ 1.1250 51½ 1.1500 51¾ 1.1750 52 1.2000 52¼ 1.2250 52½ 1.2500 52¾ 1.2750 53 1.3000 53¼ 1.3250 53½ 1.3500 53¾ 1.3750 54 1.4000 54¼ 1.4250 54½ 1.4500 54¾ 1.4750 55 1.5000 55¼ 1.5250 55½ 1.5500 55¾ 1.5750 56 1.6000 56¼ 1.6250 56½ 1.6500 56;rax;3;4; 1.6750 57 1.7000 57¼ 1.7250 57½ 1.7500 57¾ 1.7750 58 1.8000 58¼ 1.8250 58½ 1.8500 58¾ 1.8750 59 1.9000

59¼ 1.9250 59½ 1.9500 59¾ 1.9750 60 2.1000 60¼ 2.1250 60½ 2.1500 60¾ 2.1750 61 2.2000 61¼ 2.2250 61½ 2.2500 61¾ 2.2750 62 2.3000

In no event shall a member's retirement allowance exceed seventy-five percent of his or her average final compensation. Before the first payment of a retirement allowance is made, a member, retired under this section or Section A8.600-3, may elect to receive the actuarial equivalent of his or her allowance, partly in an allowance to be received by him or her throughout his or her life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar elections by other members of the Retirement System, including the character and amount, of such other benefits. In the calculations under this section of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed for each class of service, the average final compensation in each case being that for the respective class of service, provided that the aggregate retirement allowance shall be taken into account in applying the provisions of this section providing for a minimum retirement allowance. Part-time service and compensation shall be converted to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so converted shall be applied on full-time service and compensation in the calculation of retirement allowances. (Added by Proposition D, Approved 6/8/2010) A8.600-3 RETIREMENT FOR INCAPACITY Any member who becomes incapacitated for performance of duty because of disability determined by a qualified hearing officer to be of extended and uncertain duration, and who shall have completed at least 10 years of service credited in the Retirement System in the aggregate, computed as provided in Section A8.600-7, shall be retired upon an allowance of 1.8% (one and eight-tenths percent) of the average final compensation of said member, as defined in Section A8.600-1 for each year of credited service, if such retirement allowance exceeds 40 percent of his or her average final compensation; otherwise 1.8% (one and eight-tenths percent) of his or her average final compensation multiplied by the number of years of City service which would be credited to him or her were such City service to continue until attainment by him or her of age 60, but such retirement allowance shall not exceed 40 percent of such average final compensation. In the calculation under this section of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed, for each class of service, the average final compensation in each case being that for the respective class of service; provided that the average final compensation upon which the retirement allowance is calculated in such case shall be based on the compensation earned by the member in the classes of service rendered by him or her during the two years immediately preceding his or her retirement. The question of retiring members under this section may be brought before the Retirement Board on said Board's own motion, by the Retirement Board's Executive Director on its behalf, by said member, by his or her department head or by his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease, and he or she shall be restored to service in the position or classification he or she occupied at the time of his or her retirement. (Added by Proposition D, Approved 6/8/2010) A8.600-4 NO ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.600-5 DEATH BENEFIT If a member shall die, before retirement: (a) If no benefit is payable under subsection (b) of this section: (1) Regardless of cause, a death benefit shall be paid to the member's designated beneficiary or estate consisting of the compensation earnable by the member during the six months immediately preceding death, plus the member's contributions and interest

credited thereon. (2) If a member sustains a traumatic bodily injury through external and violent means in the course and scope of employment and death results within 180 days of such injury, an additional insurance benefit of 12 months of compensation earnable shall be paid to the member's designated beneficiary or estate. (b) If, at the date of his or her death, he or she was qualified for service retirement by reason of service and age under the provisions of Section A8.600-2, and he or she has designated as beneficiary his or her surviving spouse, who was married to him or her for at least one full year immediately prior to the date of his or her death, one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service on the date of his or her death shall be paid to such surviving spouse who was his or her designated beneficiary at the date of his or her death, until such spouse's death or remarriage, or if there be no surviving spouse, to the unmarried child or children of such member under the age of 18 years, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If, at the death of such surviving spouse, who was receiving an allowance under this Subsection (b), there be one or more unmarried children of such member under the age of 18 years, such allowance shall continue to such child or children, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If the total of the payments of allowance made pursuant to this Subsection (b) is less than the benefit which was otherwise payable under Subsection (a) of this section, the amount of said benefit payable under Subsection (a) less an amount equal to the total of the payments of allowance made pursuant to this Subsection (b) shall be paid in a lump sum as follows: (1) If the person last entitled to said allowance is the remarried surviving spouse of such member, to such spouse. (2) Otherwise, to the surviving children of the member, share and share alike, or if there are no such children, to the estate of the person last entitled to said allowance. The surviving spouse may elect, on a form provided by the Retirement System and filed in the office of the Retirement System before the first payment of the allowance provided herein, to receive the benefit provided in Subsection (a) of this section in lieu of the allowance which otherwise would be payable under the provisions of this subdivision. If a surviving spouse, who was entitled to make the election herein provided, shall die before or after making such election but before receiving any payment pursuant to such election, then the legally appointed guardian of the unmarried children of the member under the age of 18 years may make the election herein provided before any benefit has been paid under this section, for and on behalf of such children if in his or her judgment it appears to be in their interest and advantage, and the election so made shall be binding and conclusive upon all parties in interest. If any person other than such surviving spouse shall have and be paid a community property interest in any portion of any benefit provided under this section, any allowance payable under this Subsection (b) shall be reduced by the actuarial equivalent, at the date of the member's death, of the amount of benefits payable to such other person. 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 in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members. Upon the death of a member after retirement, an allowance, in addition to the death benefit provided in the immediately preceding paragraph, shall be paid to his or her surviving spouse, until such surviving spouse's death or remarriage, equal to one-half of his or her retirement allowance as it was prior to optional modification and prior to reduction as provided in Subsection (a) of Section A8.514 of this Charter, but exclusive of the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this paragraph to a surviving spouse unless such surviving spouse was married to said member at least one year immediately prior to his or her retirement. If such retired person leaves no such surviving spouse, or if such surviving spouse should die or remarry before every child of such deceased retired person attains the age of 18 years, the allowance which such surviving spouse would have received had he or she lived and not remarried shall be paid to retired person's child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. (Added by Proposition D, Approved 6/8/2010) A8.600-6 BENEFITS UPON TERMINATION OF MEMBERSHIP Should any miscellaneous member 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 subject to the conditions prescribed by the Board of Supervisors to cover similar terminations of employment and re-employment with and without redeposit of withdrawn accumulated contributions of other members of the Retirement System, provided that, if such member is entitled to be credited with at least five years of service, he or she shall have the right to elect, without right of revocation and within 90 days after said termination of service

f Supervisors to cover similar terminations of employment and re-employment with and without redeposit of withdrawn accumulated contributions of other members of the Retirement System, provided that, if such member is entitled to be credited with at least five years of service, he or she shall have the right to elect, without right of revocation and within 90 days after said termination of service, or if the termination was by lay-off, 90 days after the Retirement Board determines the termination to be permanent, whether to allow his or her accumulated contributions to remain in the retirement fund and to receive benefits only as provided in this paragraph. Failure to make such election shall be deemed an irrevocable election to withdraw his or her accumulated contributions. At or after 50 years of age, he or she shall be entitled to receive a retirement allowance which shall be the actuarial equivalent of his or her accumulated contributions and an equal amount of the contributions of the City and County, plus 1.667% (one and two-thirds percent) of his or her average final compensation for each year of service credited to him or her as rendered prior to his or her first membership in the Retirement System. Upon the death of such member prior to retirement, his or her contributions with interest credited thereon shall be paid to his or her estate or designated beneficiary. (Added by Proposition D, Approved 6/8/2010)

A8.600-7 COMPUTATION OF SERVICE The following time and service shall be included in the computation of the service to be credited to a member for the purpose of determining whether such member qualifies for retirement and calculating benefits: (a) Time during which said member is a member of the Retirement System under Section A8.600, and for which said member is entitled to receive compensation because of services as a miscellaneous officer or employee. (b) Service in the fire and police departments which is not credited as service as a member under Section A8.600 shall count under this section upon transfer of a member of either of such departments to employment entitling him or her to membership in the Retirement System under Section A8.600, provided that the accumulated contributions standing to the credit of such member shall be adjusted by refund to the member or by payment by the member to bring the account at the time of such transfer to the amount which would have been credited to it had the member been a miscellaneous member throughout the period of his or her service in either of such departments at the compensation he or she received in such departments. (c) Prior service, during which said member was entitled to receive compensation while a miscellaneous member under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement Board. (d) Prior service determined and credited as prescribed by the Board of Supervisors. (e) The Board of Supervisors, by ordinance enacted by a three-fourths vote of its members, may provide for the crediting as service in the Retirement System, service rendered as an employee of the federal government and service rendered as an employee of the State of California or any public entity or public agency in the State of California. Said ordinance shall provide that all contributions required as the result of the crediting of such service shall be made by the member and that no contributions therefore shall be required of the City and County. (f) Time during which said member is absent from a status included in Subsections (a) or (b) and for which such member is entitled to receive credit as service for the City and County by virtue of contributions made in accordance with the provisions of Section A8.520 or Section A8.521 of the Charter. (g) 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. (Added by Proposition D, Approved 6/8/2010) A8.600-8 SOURCES OF FUNDS All payments provided for members under Section A8.600 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.600 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.600, or shall be paid to said member or his or her estate or beneficiary as provided in Sections A8.600-5 and A8.600-6. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.600-8, to provide the benefits payable to members under Section A8.600. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.600, said percentage to be the ratio of the value as of the latest periodical actuarial valuation of the benefits thereafter to be paid to or on account of members under Section A8.600 from contributions of the City and County, less the amount of such contributions, plus accumulated interest thereon, then held by said system to provide said benefits on account of service rendered by respective members after said date, to the value at said respective dates of salaries thereafter payable to said members. Said values shall be determined by the actuary, who shall take into account the interest which shall be earned on said contributions, the compensation experience of members, and the probabilities of separation by all causes, of members from service before retirement and of death after retirement. The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuations and investigations shall be made at least every two years. (c) Notwithstanding any other provision of this Section A8.600-8 or this Charter, beginning on July 1, 2012, the empl

t to exceed three and one-half percent (3.5%). Said percentage shall be changed only on the basis of said periodical actuarial valuation and investigation into the experience under the system. Said actuarial valuations and investigations shall be made at least every two years. (c) Notwithstanding any other provision of this Section A8.600-8 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $24.00 per hour, but less than $48.00 per hour, shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The foregoing base rates of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-

Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.600, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.600-5 and A8.600-6. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.600-8 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below:

Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0%

4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional Contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.600, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.600-5 and A8.600-6. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.600 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.409. (Added by Proposition D, Approved 6/8/2010; amended by Proposition C, Approved 11/8/2011) A8.600-9 RIGHT TO RETIRE 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) A8.600-10 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and Subsection (b) of this section, no person retired as a member under Section A8.600 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said service does not exceed 120 working days or 960 hours per fiscal year.

(3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.600, he or she shall re-enter membership under Section A8.600 and his or her retirement allowance shall be cancelled immediately upon such re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contribution of such member shall be the same as that for other members under Section A8.600. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (4) The provisions of Subsection (a) shall not prevent such retired persons from employment which requires coverage under the Public Employees' Retirement System or the State Teachers' Retirement System. (Added by Proposition D, Approved 6/8/2010) A8.600-11 ADJUSTMENT OF ALLOWANCES 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) A8.600-12 SEVERABILITY 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) A8.600-13 APPLICATION OF PLAN 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) A8.600-14 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, City and County of San Francisco, shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions: provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.600-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated, contributions at the time of such removal from office or employment. Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, City and County of San Francisco, shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition D, Approved 6/8/2010) A8.601 MEMBERS OF THE FIRE DEPARTMENT ON AND 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) A8.601-1 DEFINITIONS The following words and phrases as used in this section, Section A8.601 and Section A8.601-2 through A8.601-16, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the fire department, but excluding remuneration paid for overtime. Subject to the requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the fire department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earned by a member during the higher of any two consecutive fiscal years of earnings or the twenty-four months of earnings immediately prior to retirement. For the purpose of Sections A8.601 through A8.601-16, the terms "member of the fire department," "member of the department," or "member" shall mean any officer or employee of the fire department employed on and after July 1, 2010, who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed on and after July 1, 2010, at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of pilot of fireboats, or marine engineer of fireboats; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the fire department prior to assignment to active duty with said department. "Retirement System" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Sections 12.100 and A8.500 of the Charter. "Retirement Board" shall mean "Retirement Board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition D, Approved 6/8/2010) A8.601-2 SERVICE RETIREMENT 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) A8.601-3 RETIREMENT FOR INCAPACITY Any member of the fire department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.601-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.601-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.601-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.601-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.601-2, but not less than 50 percent of said final compensation. Any member of the fire department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.601-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.601-1 for each year of service, provided that said allowance shall not be less than 33% percent of said final compensation. The question of retiring a member under this section may be brought before the Retirement Board on said board's own motion, by recommendation of the fire commission or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added by Proposition D, Approved 6/8/2010) A8.601-4 DEATH ALLOWANCE If a member of the fire department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death,

and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.601 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Added by Proposition D, Approved 6/8/2010) A8.601-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the fire department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.601-2, or after retirement service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.601-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.601-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.601-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to

ance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this section and Section A8.601-4 "surviving spouse" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.601-8, in lieu of the allowance which otherwise would be continued to him or her under this section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section A8.601 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.601-10. (Added by Proposition D, Approved 6/8/2010)

A8.601-6 ADJUSTMENT OF ALLOWANCES 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) A8.601-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.601-8 DEATH BENEFIT 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) A8.601-9 REFUNDS AND REDEPOSITS 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) A8.601-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the fire 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. (b) Time prior to July 1, 2010, during which said member was entitled to receive compensation while a member of the police or fire department under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement Board; and solely for the purpose of determining qualification for retirement under Section A8.601-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments. (c) Time during which said member earned compensation as a paramedic with the fire department or department of public health, provided that the accumulated contributions on account of such service are transferred to his or her Section A8.601 account or, if previously refunded, are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement Board. The Retirement Board shall require said member to execute a waiver at any time prior to retirement so that any paramedic service covered by Section A8.601 is not also covered by other pension provisions in this Charter.

(d) 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. (e) 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. (Added by Proposition D, Approved 6/8/2010) A8.601-11 SOURCES OF FUNDS All payments provided for members under Section A8.601 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.601 a sum equal to eight and one-half percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. The eight and one-half percent member contribution rate shall take effect immediately upon expiration of the agreement that is operative on June 30, 2010, between the City and County and the recognized bargaining organization representing said members. Prior to that time, there shall be deducted from each payment of compensation made to a member under Section A8.601 a sum equal to seven percent of such payment of compensation. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her beneficiary or estate as provided in Section A8.601-8, A8.601-9 and A8.601-10. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.601-11, to provide the benefits payable to members under Section A8.601. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.601 in accordance with the provisions of Section A8.510. (c) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.601, shall be a part of the fund in which all other assets of said system are included. (d) Any year in which, based upon the Retirement System's annual actuarial valuation, the employer contribution rate exceeds 0%, the employee organizations representing safety members shall jointly meet and confer with City representatives to implement a cost sharing arrangement between the City and employee organizations. Such arrangement will effect a material reduction of the cost impact of employer contributions on the City's general fund. The dollar value of the cost sharing arrangement shall not exceed the total annual cost to the Retirement System of improving the police and fire safety retirement plans to the 3% @ 55 benefit level or the total employer contribution required by the Retirement System, whichever is lesser. Such cost sharing arrangement shall not require an employee contribution in excess of the limits set elsewhere in this Charter. The meet and confer process, including all impasse procedures under Section A8.590-1 et seq., shall be concluded not later than April 1st except by mutual agreement of the parties. The cost sharing arrangement must be finalized to permit implementation effective July 1. (e) Notwithstanding any other provision of this Section A8.601-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0%

10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.601, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.601-4, A8.601-5 and A8.601-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (f) Notwithstanding any other provision of this Section A8.601-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the US. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below:

Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0%

27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.601. or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.601-4, A8.601-5 and A8.601-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (g) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.601 shall be a part of the fund in which all other assets of said system are included. (h) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition D, Approved 6/8/2010; amended by Proposition C, Approved 11/8/2011) A8.601-12 RIGHT TO RETIRE 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) A8.601-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.601 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.601, he or she shall re-enter membership under Section A8.601 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.601. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added by Proposition D, Approved 6/8/2010)

A8.601-14 SEVERABILITY 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) A8.601-15 VESTING 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) A8.601-16 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.601-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System, an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition D, Approved 6/8/2010) A8.602 MEMBERS OF THE POLICE DEPARTMENT ON 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) A8.602-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.602 and Sections A8.602-2 through A8.602-16, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of

retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the police department, but excluding remuneration paid for overtime. Subject to the requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. Provided, however, that for retirement purposes, any increase in compensation attached to a rank which is based solely upon the possession of a POST certificate, compared to the equivalent rank without a POST certificate, shall be subject to the following limitations: (a) for possession of the intermediate POST certificate, no more than 4% shall be included in compensation, (b) for possession of the advanced POST certificate, no more than an additional 2% over the maximum provided in Subsection (a), above, shall be included in compensation, These limits shall apply to any pay increments which are solely attributable to the possession of a POST certificate, including but not limited to premiums or special ranks which may be established in the future and which are solely attributable to the possession of a POST certificate. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the police department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earned by a member during the higher of any two consecutive fiscal years of earnings or the twenty-four months of earnings immediately prior to retirement. For purposes of calculation of final compensation, any increase in pay solely attributable to possession of a POST certificate shall be included only if the member possesses the qualifying POST certificate for a period of not less than four (4) years prior to his or her retirement date; provided, however, that should a member possess the qualifying POST certificate for a period of time less than four (4) years prior to retirement, final compensation shall be calculated based upon the monthly compensation in the next lower rank not requiring possession of the qualifying POST certificate. For the purpose of Sections A8.602 through A8.602-16, the terms "member of the police department," "member of the department," or "member" shall mean any officer or employee of the police department employed on and after July 1, 2010, who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed on and after July 1, 2010, at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of criminologist, photographer, police woman or jail matron; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the police department prior to assignment to active duty with said department. "Retirement System" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Sections 12.100 and A8.500 of the Charter. "Retirement Board" shall mean "Retirement Board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition D, Approved 6/8/2010) A8.602-2 SERVICE RETIREMENT 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) A8.602-3 RETIREMENT FOR INCAPACITY Any member of the police department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.602-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.602-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.602-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.602-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.602-2, but not less than 50 percent of said final compensation. Any member of the police department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.602-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.602-1 for each year of service, provided that said allowance shall not be less than 33? percent of said final compensation. The question of retiring a member under this section may be brought before the Retirement Board on said board's own motion, by recommendation of the police commission or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added by Proposition D, Approved 6/8/2010) A8.602-4 DEATH ALLOWANCE If a member of the police department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for

service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.602 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Added by Proposition D, Approved 6/8/2010) A8.602-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the police department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.602-2, or after retirement service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.602-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.602-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.602-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this section and Section A8.602-4 "surviving spouse" shall mean an

paid under this section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this section and Section A8.602-4 "surviving spouse" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.602-8, in lieu of the allowance which otherwise would be continued to him or her under this section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this section and other sections to which persons who are members under Section A8.602 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.602-10. (Added by Proposition D, Approved 6/8/2010)

A8.602-6 ADJUSTMENT OF ALLOWANCES 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) A8.602-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.602-8 DEATH BENEFIT 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) A8.602-9 REFUNDS AND REDEPOSITS 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) A8.602-10 COMPUTATION OF SERVICE 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) A8.602-11 SOURCES OF FUNDS

All payments provided for members under Section A8.602 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.602 a sum equal to eight and one-half percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. The eight and one-half percent member contribution rate shall take effect immediately upon expiration of the agreement that is operative on June 30, 2010, between the City and County and the recognized bargaining organization representing said members. Prior to that time, there shall be deducted from each payment of compensation made to a member under Section A8.602 a sum equal to seven percent of such payment of compensation. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her beneficiary or as provided in Sections A8.602-8, A8.602-9 and A8.602-10. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.602-11, to provide the benefits payable to members under Section A8.602. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.602 in accordance with the provisions of Section A8.510. (c) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.602, shall be a part of the fund in which all other assets of said system are included. (d) Any year in which, based upon the Retirement System's annual actuarial valuation, the employer contribution rate exceeds 0%, the employee organizations representing safety members shall jointly meet and confer with City representatives to implement a cost sharing arrangement between the City and employee organizations. Such arrangement will effect a material reduction of the cost impact of employer contributions on the City's general fund. The dollar value of the cost sharing arrangement shall not exceed the total annual cost to the Retirement System of improving the police and fire safety retirement plans to the 3% @ 55 benefit level or the total employer contribution required by the Retirement System, whichever is lesser. Such cost sharing arrangement shall not require an employee contribution in excess of the limits set elsewhere in this Charter. The meet and confer process, including all impasse procedures under Section A8.590-1 et seq., shall be concluded not later than April 1st except by mutual agreement of the parties. The cost sharing arrangement must be finalized to permit implementation effective July 1. (e) Notwithstanding any other provision of this Section A8.602-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75%

30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.602, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.602-4, A8.602-5 and A8.602-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (f) Notwithstanding any other provision of this Section A8.602-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation; as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.602, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.602-4, A8.602-5 and A8.602-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to

the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year. (g) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition D, Approved 6/8/2010; amended by Proposition C, Approved 11/8/2011) A8.602-12 RIGHT TO RETIRE 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) A8.602-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.602 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.602, he or she shall re-enter membership under Section A8.602 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.602. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added by Proposition D, Approved 6/8/2010) A8.602-14 SEVERABILITY 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) A8.602-15 VESTING 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) A8.602-16 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.602-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition D, Approved 6/8/2010) A8.603 MISCELLANEOUS OFFICERS AND EMPLOYEES 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) A8.603-1 DEFINITIONS 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: "Retirement allowance," or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation laws of the State of California shall mean all remuneration whether in cash or by other premiums or allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. Remuneration shall not mean new premiums or allowances first paid by the City and County after January 7, 2012, that exceed the rate of pay fixed for each classification for service qualifying for credit under this Section. For members with concurrent service in more than one position, "compensation" shall be limited to remuneration for the first hours paid during any fiscal year equal to one full time equivalent position. "Compensation" for any fiscal year shall not include remuneration that exceeds eighty five percent of the limits set forth in Internal Revenue Code Section 40l(a)(17) and as amended from time to time. "Compensation earnable" shall mean the compensation as determined by the Retirement Board, which would have been earned by the member had he or she worked, throughout the period under consideration, the average number of days ordinarily worked by persons in the same grade or class of positions as the positions held by him or her during such period and at the rate of pay attached to such positions, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to entering City service, he or she was in the position first held by him or her in City service. "Benefit" shall include "allowance," "retirement allowance," and "death benefit." "Average final compensation" shall mean the average monthly compensation earned by a member during the higher of any three

consecutive fiscal years of earnings or the thirty six consecutive months of earnings immediately prior to retirement. For the purposes of the Retirement System and of this section, Section A8.603 and Sections A8.603-2 through A8.603-14, the terms "miscellaneous officer or employee," or "member," shall mean any officer or employee employed on and after January 7, 2012, who is not a member of the police, fire or sheriffs departments or in a miscellaneous safety classification as defined in the Charter for the purposes of the Retirement System. Said terms shall not include those persons who become members under the Public Employees' Retirement System or members of the State Teachers' Retirement System. "Retirement System" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Sections 12.100 and A8.500 of the Charter. "Retirement Board" shall mean "Retirement Board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter genders, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition C, Approved 11/8/2011) A8.603-2 SERVICE RETIREMENT Any member who completes at least 20 years of service in the aggregate credited in the Retirement System and attains the age of 53 years, or at least 10 years of service in the aggregate credited in the Retirement System, and attains the age of 60 years, said service to be computed under Section A8.603-7 may retire for service at his or her option. Members may retire under this Section, on the first day of the month next following the attainment by them of the age of 65 years. A member retired after reaching the age of 65 years shall receive a service retirement allowance at the rate of 2.3 percent of said average final compensation for each year of service. The service retirement allowance of any member retiring a) prior to attaining the age of 60 years, and after rendering 20 years or more of such service, computed under Section A8.603-7, and having attained the age of 53 years, or b) attaining the age of 60 years, and after rendering 10 years or more of such service, computed under Section A8.603-7, shall be an allowance equal to the percentage of said average final compensation set forth opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, computed under Section A8.603-7: Age at Retirement Percent for Each Year of Credited Service Age at Retirement Percent for Each Year of Credited Service 53 1.000 53¼ 1.027 53½ 1.054 53¾ 1.081 54 1.108 54¼ 1.135 54½ 1.162 54¾ 1.189 55 1.216 55¼ 1.243 55½ 1.270 55¾ 1.297 56 1.324 56¼ 1.351 56½ 1.378 56¾ 1.405 57 1.432 57¼ 1.459 57½ 1.486 57¾ 1.513 58 1.540 58¼ 1.567 58½ 1.594 58¾ 1.621 59 1.648 59¼ 1.675

59½ 1.702 59¾ 1.729 60 1.756 60¼ 1.789 60½ 1.810 60¾ 1.837 61 1.864 61¼ 1.891 61½ 1.918 61¾ 1.945 62 1.972 62¼ 1.999 62½ 2.026 62¾ 2.053 63 2.080 63¼ 2.107 63½ 2.134 63¾ 2.161 64 2.188 64¼ 2.215 64½ 2.242 64¾ 2.269 65 2.3

In no event shall a member's retirement allowance exceed seventy-five percent of his or her average final compensation. Before the first payment of a retirement allowance is made, a member retired under this Section or Section A8.603-3 may elect to receive the actuarial equivalent of his or her allowance, partly in an allowance to be received by him or her throughout his or her life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar elections by other members of the Retirement System, including the character and amount of such other benefits. In the calculations under this Section of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed for each class of service, the average final compensation in each case being that for the respective class of service, provided that the aggregate retirement allowance shall be taken into account in applying the provisions of this Section providing for a minimum retirement allowance. Part-time service and compensation shall be converted to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so converted shall be applied on full-time service and compensation in the calculation of retirement allowances. (Added by Proposition C, Approved 11/8/2011) A8.603-3 RETIREMENT FOR INCAPACITY Any member who becomes incapacitated for performance of duty because of disability determined by a qualified hearing officer to be of extended and uncertain duration, and who shall have completed at least 10 years of service credited in the Retirement System in the aggregate, computed as provided in Section A8.603-7, shall be retired upon an allowance of 1.8% (one and eight-tenths percent) of the average final compensation of said member, as defined in Section A8.603-1 for each year of credited service, if such retirement allowance exceeds 40 percent of his or her average final compensation; otherwise 1.8% (one and eight-tenths percent) of his or her average final compensation multiplied by the number of years of City service which would be credited to him or her were such City service to continue until attainment by him or her of age 60, but such retirement allowance shall not exceed 40 percent of such average final compensation. In the calculation under this Section of the retirement allowance of a member having credit for service in more than one position eligible for membership in the Retirement System, separate retirement allowances shall be calculated, in the manner prescribed for each class of service, the average final compensation in each case being that for the respective class of service; provided that the average final compensation upon which the retirement allowance is calculated in such case shall be based on the compensation earned by the member in the classes of service rendered by him or her during the three years immediately preceding his or her retirement, and provided further that the member's combined initial retirement allowance shall be based on no more than one full-time equivalent position. The question of retiring members under this Section may be brought before the Retirement Board on said Board's own motion, by the Retirement Board's Executive Director on its behalf, by said member, by his or her department head, or by his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease, and he or she shall be restored to service in the position or classification he or she occupied at the time of his or her retirement. (Added by Proposition C, Approved 11/8/2011)

A8.603-4 NO ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.603-5 DEATH BENEFIT If a member shall die, before retirement: (a) If no benefit is payable under subsection (b) of this Section: (1) Regardless of cause, a death benefit shall be paid to the member's designated beneficiary or estate consisting of the compensation earnable by the member during the six months immediately preceding death, plus the member's contributions and interest credited thereon. (2) If a member sustains a traumatic bodily injury through external and violent means in the course and scope of employment and death results within 180 days of such injury, an additional insurance benefit of 12 months of compensation earnable shall be paid to the member's designated beneficiary or estate. (b) If, at the date of his or her death, he or she was qualified for service retirement by reason of service and age under the provisions of Section A8.603-2, and he or she has designated as beneficiary his or her surviving spouse, who was married to him or her for at least one full year immediately prior to the date of his or her death, one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service on the date of his or her death shall be paid to such surviving spouse who was his or her designated beneficiary at the date of his or her death, until such spouse's death or remarriage, or if there be no surviving spouse, to the unmarried child or children of such member under the age of 18 years, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. It at the death of such surviving spouse, who was receiving an allowance under this Subsection (b), there be one or more unmarried children of such member under the age of 18 years, such allowance shall continue to such child or children, collectively, until every such child dies, marries or attains the age of 18 years, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. If the total of the payments of allowance made pursuant to this Subsection (b) is less than the benefit which was otherwise payable under Subsection (a) of this Section, the amount of said benefit payable under Subsection (a) less an amount equal to the total of the payments of allowance made pursuant to this Subsection (b) shall be paid in a lump sum as follows: (1) If the person last entitled to said allowance is the remarried surviving spouse of such member, to such spouse. (2) Otherwise, to the surviving children of the member, share and share alike, or if there are no such children, to the estate of the person last entitled to said allowance. The surviving spouse may elect, on a form provided by the Retirement System and filed in the office of the Retirement System before the first payment of the allowance provided herein, to receive the benefit provided in Subsection (a) of this Section in lieu of the allowance which otherwise would be payable under the provisions of this subdivision. If a surviving spouse, who was entitled to make the election herein provided, shall die before or after making such election but before receiving any payment pursuant to such election, then the legally appointed guardian of the unmarried children of the member under the age of 18 years may make the election herein provided before any benefit has been paid under this Section, for and on behalf of such children if in his or her judgment it appears to be in their interest and advantage, and the election so made shall be binding and conclusive upon all parties in interest. If any person other than such surviving spouse shall have and be paid a community property interest in any portion of any benefit provided under this Section, any allowance payable under this Subsection (b) shall be reduced by the actuarial equivalent, at the date of the member's death, of the amount of benefits payable to such other person. 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 in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members. Upon the death of a member after retirement, an allowance, in addition to the death benefit provided in the immediately preceding paragraph, shall be paid to his or her surviving spouse, until such surviving spouse's death or remarriage, equal to one-half of his or her retirement allowance as it was prior to optional modification, including the part of such allowance which was provided by additional contributions. No allowance, however, shall be paid under this paragraph to a surviving spouse unless such surviving spouse was married to said member at least one year immediately prior to his or her retirement. If such retired person leaves no such surviving spouse, or if such surviving spouse should die or remarry before every child of such deceased retired person attains the age of 18 years, the allowance which such surviving spouse would have received had he or she lived and not remarried shall be paid to retired person's child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. (Added by Proposition C, Approved 11/8/2011) A8.603-6 BENEFITS UPON TERMINATION OF MEMBERSHIP Should any miscellaneous member cease to be employed as such a member, thr

to retired person's child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. (Added by Proposition C, Approved 11/8/2011) A8.603-6 BENEFITS UPON TERMINATION OF MEMBERSHIP Should any miscellaneous member 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 subject to the conditions prescribed by the Board of

Supervisors to cover similar terminations of employment and re-employment with and without redeposit of withdrawn accumulated contributions of other members of the Retirement System, provided that, if such member is entitled to be credited with at least five years of service, he or she shall have the right to elect, without right of revocation and within 90 days after said termination of service, or if the termination was by lay-off, 90 days after the Retirement Board determines the termination to be permanent, whether to allow his or her accumulated contributions to remain in the retirement fund and to receive benefits only as provided in this paragraph. Failure to make such election shall be deemed an irrevocable election to withdraw his or her accumulated contributions. At or after 53 years of age, he or she shall be entitled to receive a retirement allowance which shall pe the actuarial equivalent of his or her accumulated contributions and an amount equal to 50% (fifty percent) of said accumulated contributions paid by the City and County, plus 1.667% (one and two-thirds percent) of his or her average final compensation for each year of service credited to him or her as rendered prior to his or her first membership in the Retirement System. Upon the death of such member prior to retirement, his or her contributions with interest credited thereon shall be paid to his or her estate or designated beneficiary. (Added by Proposition C, Approved 11/8/2011) A8.603-7 COMPUTATION OF SERVICE The following time and service shall be included in the computation of the service to be credited to a member for the purpose of determining whether such member qualifies for retirement and calculating benefits: (a) Time during which said member is a member of the Retirement System under Section A8.603 and for which said member is entitled to receive compensation because of service as a miscellaneous officer or employee. (b) Service in the fire and police departments which is not credited as service as a member under Section A8.603 shall count under this Section upon transfer of a member of either of such departments to employment entitling him or her to membership in the Retirement System under Section A8.603, provided that the accumulated contributions standing to the credit of such member shall be adjusted by refund to the member or by payment by the member to bring the account at the time of such transfer to the amount which would have been credited to it had the member been a miscellaneous member throughout the period of his or her service in either of such departments at the compensation he or she received in such departments. (c) Prior service, during which said member was entitled to receive compensation while a miscellaneous member under any other Section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement Board. (d) Prior service determined and credited as prescribed by the Board of Supervisors. (e) The Board of Supervisors, by ordinance enacted by a three-fourths vote of its members, may provide for the crediting as service under the Retirement System service rendered as an employee of the federal government and service rendered as an employee of the State of California or any public entity or public agency in the State of California. Said ordinance shall provide that all contributions required as the result of the crediting of such service shall be made by the member and that no contributions there for shall be required of the City and County. (f) Time during which said member is absent from a status included in Subsections (a) or (b) and for which such member is entitled to receive credit as service for the City and County by virtue of contributions made in accordance with the provisions of Sections A8.519, A8.520 or A8.521 of the Charter. (g) 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. (Added by Proposition C, Approved 11/8/2011) A8.603-8 SOURCES OF FUNDS All payments provided for members under Section A8.603 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.603 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.603, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.603-5 and A8.603-6. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.603-8, to provide the benefits payable to members under Section A8.603. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under S

of this Section A8.603-8, to provide the benefits payable to members under Section A8.603. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.603 in accordance with the provisions of Section A8.510. (c) Notwithstanding any other provision of this Section A8.603-8 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $24.00 per hour, but less than $48.00 per

hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The foregoing base rates of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index. San Francisco- Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5% ). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.603, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.603-5 and A8.603-6. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.603-8 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5% ). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25%

2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.603, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.603-5 and A8.603-6. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.607 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.409 et seq. (Added by Proposition C, Approved 11/8/2011) A8.603-9 RIGHT TO RETIRE 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) A8.603-10 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, City and County of San Francisco, shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions: provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.603, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated, contributions at the time of such removal from office or employment.

Any member, after retirement for service or disability, or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, City and County of San Francisco, shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, Approved 11/8/2011) A8.603-11 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and Subsection (b) of this Section, no person retired as a member under Section A8.603 for service or disability, or who has elected vesting, and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this Section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said service does not exceed 120 working days or 960 hours per fiscal year. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.603, he or she shall re-enter membership under Section A8.603 and his or her retirement allowance shall be cancelled immediately upon such re-entry. The provisions of Subsection (a) of this Section shall not prevent such person from receiving the compensation for such position-or office. The rate of contribution of such member shall be the same as that for other members under Section A8.603. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (4) The provisions of Subsection (a) shall not prevent such retired persons from employment which requires coverage under the Public Employees' Retirement System or the State Teachers' Retirement System. (Added by Proposition C, Approved 11/8/2011) A8.603-12 ADJUSTMENT OF ALLOWANCES 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) A8.603-13 APPLICATION OF PLAN 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) A8.603-14 SEVERABILITY 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) A8.604 MEMBERS OF THE FIRE DEPARTMENT ON AND

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) A8.604-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.604 and Sections A8.604-2 through A8.604-17, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. Remuneration shall not mean new premiums or allowances first paid by the City and County after January 7, 2012, that exceed the rate of pay fixed for each classification for service qualifying for credit under this Section. For members with concurrent service in more than one position, "compensation" shall be limited to the first hours paid during any fiscal year equal to one full-time equivalent position. "Compensation" for any fiscal year shall not include remuneration that exceeds 75% of the limits set forth in Internal Revenue Code Section 401(a)(17) and as amended from time to time. Subject to the requirements that it be payable in cash, and that overtime and new premiums or allowances first paid by the City and County after January 7, 2012 are excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. “Compensation earnable” shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by the member during such period, it being assumed that during any absence, the member was in the rank or position held by the member at the beginning of the absence, and that prior to becoming a member of the fire department, the member was in the rank or position first held by the member in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earned by a member during the higher of any three consecutive fiscal years of earnings or the thirty six consecutive months of earnings immediately prior to retirement. For the purpose of Sections A8.604 through A8.604-17, the terms "member of the fire department," "member of the department," or "member" shall mean any member of the fire department employed on and after January 7, 2012, who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed on and after January 7, 2012, at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of pilot of fireboats, or marine engineer of fireboats; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the fire department prior to assignment to active duty with said department. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this Section and other Sections to which persons who are members under Section A8.604 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.604-10. "Retirement System" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Sections 12.100 and A8.500 of the Charter. "Retirement Board" shall mean "Retirement Board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition C, Approved 11/8/2011; Amended by Proposition H, Approved 11/5/2024) A8.604-2 SERVICE RETIREMENT 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) A8.604-3 RETIREMENT FOR INCAPACITY Any member of the fire department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.604-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.604-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.604-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.604-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.604-2, but not less than 50 percent of said final compensation. Any member of the fire department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.604-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.604-1 for each year of service, provided that said allowance shall not be less than 33? percent of said final compensation. The question of retiring a member under this Section may be brought before the Retirement Board on said board's own motion, by the Retirement Board's Executive Director on its behalf, by recommendation of the fire commission or by said member, or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added by Proposition C, Approved 11/8/2011)

A8.604-4 DEATH ALLOWANCE If a member of the fire department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.604 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this Section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Added by Proposition C, Approved 11/8/2011) A8.604-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the fire department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.604-2, or after retirement service or because of disability which results from any cause other than an injury received in, or illness caused by performance of duty, one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.604-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.604-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.604-3 if he or she had retired on the date of death because of incapacity for performance of duty shal

e member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.604-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.604-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her

retirement if he or she had retired. As used in this Section and Section A8.604-4 "surviving spouse" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.604-8, in lieu of the allowance which otherwise would be continued to him or her under this Section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. (Added by Proposition C, Approved 11/8/2011) A8.604-6 ADJUSTMENT OF ALLOWANCES 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) A8.604-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.604-8 DEATH BENEFIT 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) A8.604-9 REFUNDS AND REDEPOSITS 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) A8.604-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the fire 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. (b) Time prior to January 7, 2012, during which said member was entitled to receive compensation while a member of the police or fire department under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement Board; and solely for the purpose of determining qualification for retirement under Section A8.604-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments.

(c) Time during which said member earned compensation as a paramedic with the fire department or department of public health, provided that the accumulated contributions on account of such service are transferred to his or her Section A8.604 account or, if previously refunded, are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement Board. The Retirement Board shall require said member to execute a waiver at any time prior to retirement so that any paramedic service covered by Section A8.604 is not also covered by other pension provisions in this Charter. (d) 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. (e) 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. (Added by Proposition C, Approved 11/8/2011) A8.604-11 SOURCES OF FUNDS All payments provided for members under Section A8.604 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.604 a sum equal to eight and one-half percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.604-5, A8.604-6 and A8.604-8. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.604-11, to provide the benefits payable to members under Section A8.604. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.604 in accordance with the provisions of Section A8.510. (c) Notwithstanding any other provision of this Section A8.604-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75%

32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.604, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.604-4, A8.604-5 and A8.604-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.604-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.604, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.604-4, A8.604-5 and A8.604-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year.

The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.604 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition C, Approved 11/8/2011) A8.604-12 RIGHT TO RETIRE 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) A8.604-13 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section 8.604-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System, an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, Approved 11/8/2011) A8.604-14 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this Section, no person retired as a member under Section A8.604 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.604, he or she shall re-enter membership under Section A8.604 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this Section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.604. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has bee

ment Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from

which he or she was retired immediately prior to its abolishment. (Added by Proposition C, Approved 11/8/2011) A8.604-15 DEFERRED RETIREMENT 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) A8.604-16 SEVERABILITY 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) A8.604-17 APPLICABILITY 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. A8.605 MEMBERS OF THE POLICE DEPARTMENT ON 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) A8.605-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.605 and Sections A8.605-2 through A8.605-16, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. Remuneration shall not mean new premiums or allowances first paid by the City and County after January 7, 2012, that exceed the rate of pay fixed for each classification for service qualifying for credit under this Section. For members with concurrent service in more than one position, "compensation" shall be limited to the first hours paid during any fiscal year equal to

one full-time equivalent position. "Compensation" for any fiscal year shall not include remuneration that exceeds 75% of the limits set forth in Internal Revenue Code Section 401(a)(17) and as amended from time to time. Subject to the requirements that it be payable in cash, and that overtime and new premiums or allowances first paid by the City and County after January 7, 2012 are excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the police department, he or she was in the rank or position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earned by a member during the higher of any three consecutive fiscal years of earnings or the thirty six consecutive months of earnings immediately prior to retirement. For the purpose of Sections A8.605 through A8.605-16, the terms "member of the police department," "member of the department," or "member" shall mean any officer or employee of the police department employed on and after January 7, 2012 who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed on and after January 7, 2012, at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of criminologist, photographer, police woman or jail matron; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the police department prior to assignment to active duty with said department. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this Section and other Sections to which persons who are members under Section A8.605 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.605-10. "Retirement System" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Sections 12.100 and A8.500 of the Charter. "Retirement Board" shall mean "Retirement Board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition C, Approved 11/8/2011) A8.605-2 SERVICE RETIREMENT 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) A8.605-3 RETIREMENT FOR INCAPACITY Any member of the police department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.605-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.605-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.605-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.605-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.605-2, but not less than 50 percent of said final compensation. Any member of the police department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.605-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.605-1 for each year of service, provided that said allowance shall not be less than 33 1 /3 percent of said final compensation. The question of retiring a member under this section may be brought before the Retirement Board on said board's own motion, by the Retirement Board's Executive Director on its behalf, by recommendation of the police commission or by said member, or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added by Proposition C, Approved 11/8/2011) A8.605-4 DEATH ALLOWANCE If a member of the police department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and

attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.605 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this Section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Added by Proposition C, Approved 11/8/2011) A8.605-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the police department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.605-2, or after retirement service or because of disability which results from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.605-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.605-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.605-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or on

or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. As used in this Section and Section A8.605-4 "surviving spouse" shall mean and include a surviving spouse, and shall also mean and include a spouse who has remarried since the death of the member, but whose remarriage has been terminated by death, divorce or annulment within five years after the date of such remarriage and who has not thereafter again remarried. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.605-8, in lieu of the allowance which otherwise would be continued to him or her under this Section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. (Added by Proposition C, Approved 11/8/2011) A8 605-6 ADJUSTMENT OF ALLOWANCES

A8.605 6 ADJUSTMENT OF ALLOWANCES Every retirement or death allowance payable to or on account of any member under Section A8.605 shall be adjusted for cost of living allowances as provided in this Charter. (Added by Proposition C, Approved 11/8/2011) A8.605-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.605-8 DEATH BENEFIT 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) A8.605-9 REFUNDS AND REDEPOSITS 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) A8.605-10 COMPUTATION OF SERVICE 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 or after January 7, 2012. (b) Time prior to January 7, 2012, during which said member was entitled to receive compensation while a member of the police department under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement board; and solely for the purpose of determining qualification for retirement under Section A8.605-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments. (c) 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. (d) 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) A8.605-11 SOURCES OF FUNDS

All payments provided for members under Section A8.605 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.605 a sum equal to eight and one-half percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her beneficiary or as provided in Sections A8.605-4, A8.605-5 and A8.605-8. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.605-11, to provide the benefits payable to members under Section A8.605. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.605 in accordance with the provisions of Section A8.510. (c) Notwithstanding any other provision of this Section A8.605-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.605, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.605-4, A8.605-5 and A8.605-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made.

The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.605-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.605, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.605-4, A8.605-5 and A8.605-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.605 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition C, Approved 11/8/2011) A8.605-12 RIGHT TO RETIRE

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) A8.605-13 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.605-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member after retirement for service or disability, or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, Approved 11/8/2011) A8.605-14 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.605 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this Section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.605, he or she shall re-enter membership under Section A8.605 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this Section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.605. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added by Proposition C, Approved 11/8/2011) A8.605-15 DEFERRED RETIREMENT 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) A8.605-16 SEVERABILITY

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) A8.606 UNDERSHERIFFS AND DEPUTIZED PERSONNEL 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) A8.606-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.606-1 and Sections A8.606-2 through A8.606-16, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. Subject to the requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the positions held by him or her during such period, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to becoming a member of the sheriff's department, he or she was in the position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earnable by a member during the higher of any one fiscal year of earnings or the twelve consecutive months of earnings immediately prior to retirement. For the purpose of Section A8.606 through A8.606-16, the terms "member of the sheriff's department," "member of the department," or "member" shall mean any member of the sheriff's department before July 1, 2010, who was an active member of the Public Employees' Retirement System. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this Section and other Sections to which persons who are members under Section A8.606 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.606-10. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement Board" shall mean "retirement board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the

masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition C, Approved 11/8/2011) A8.606-2 SERVICE RETIREMENT 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) A8.606-3 RETIREMENT FOR INCAPACITY Any member of the sheriff's department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.606-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.606-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the position held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.606-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.606-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.606-2, but not less than 50 percent of said final compensation. Any member of the sheriff's department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have

completed at least 10 years of service in the aggregate, computed as provided in Section A8.606-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.606-1 for each year of service, provided that said allowance shall not be less than 33 1 /3 percent of said final compensation. The question of retiring a member under this Section may be brought before the Retirement Board on said board's own motion, by recommendation of the sheriff's department, or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added by Proposition C, Approved 11/8/2011) A8.606-4 DEATH ALLOWANCE If a member of the sheriff's department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.606 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this Section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Added by Proposition C, Approved 11/8/2011) A8.606-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the sheriff's department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.606-2, or after retirement for service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.606-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued t

e had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.606-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.606-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would

have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.606-8, in lieu of the allowance which otherwise would be continued to him or her under this Section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. (Added by Proposition C, Approved 11/8/2011) A8.606-6 ADJUSTMENT OF ALLOWANCES 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) A8.606-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.606-8 DEATH BENEFIT 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) A8.606-9 REFUNDS AND REDEPOSITS 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) A8.606-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the sheriff's 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 sheriff's department. (b) Time prior to January 7, 2012, during which said member was entitled to receive compensation while a member of the sheriff's

department under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement board; and solely for the purpose of determining qualification for retirement under Section A8.606-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments. (c) 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. (d) 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) A8.606-11 SOURCES OF FUNDS All payments provided for members under Section A8.606 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.606 a sum equal to seven percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Sections A8.606-8, A8.606-9 and A8.606-10. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.606-11, to provide the benefits payable to members under Section A8.606. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.606 in accordance with the provisions of Section A8.510. (c) Notwithstanding any other provision of this Section A8.606-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -6.0% .01%-1.0% -5.0% 1.01%-2.5% -4.75% 2.51%-4.0% -4.5% 4.01%-5.5% -3.5% 5.51%-7.0% -3.0% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 3.0% 20.01%-22.5% 3.5% 22.51%-25.0% 4.5% 25.01%-27.5% 4.5% 27.51%-30.0% 4.75% 30.01%-32.5% 4.75% 32.51%-35.0% 5.0% Over 35.0% 6.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.606, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.606-4, A8.606-5 and A8.606-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (d) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.606 shall be a part of the fund in which all other assets of said system are included. (e) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition C, Approved 11/8/2011) A8.606-12 RIGHT TO RETIRE 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) A8.606-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.606 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.606, he or she shall re-enter membership under Section A8.606 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.606. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added by Proposition C, Approved 11/8/2011) A8.606-14 DEFERRED RETIREMENT 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) A8.606-15 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.606-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, Approved 11/8/2011) A8.606-16 SEVERABILITY 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) A8.607 UNDERSHERIFFS AND DEPUTIZED PERSONNEL 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) A8.607-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.607 and Sections A8.607-2 through A8.607-16, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to

Section A8.500 of the Charter. Subject to the requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the positions held by him or her during such period, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to becoming a member of the sheriff's department, he or she was in the position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earnable by a member during the higher of any two fiscal years of earnings or the twenty four consecutive months of earnings immediately prior to retirement. For the purpose of Section A8.607 through A8.607-16, the terms "member of the sheriff's department," "member of the department," or "member" shall mean any member of the sheriff's department after July 1, 2010 and before January 7, 2012, who was an active member of the Public Employees' Retirement System. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this Section and other Sections to which persons who are members under Section A8.606 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.607-10. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement Board" shall mean "retirement board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition C, Approved 11/8/2011) A8.607-2 SERVICE RETIREMENT 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) A8.607-3 RETIREMENT FOR INCAPACITY Any member of the sheriff's department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.607-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.607-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the position held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.607-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.607-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.607-2, but not less than 50 percent of said final compensation. Any member of the sheriff's department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.607-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.607-1 for each year of service, provided that said allowance shall not be less than 33 1 /3 percent of said final compensation. The question of retiring a member under this Section may be brought before the Retirement Board on said board's own motion, by recommendation of the sheriff's department, or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added by Proposition C, Approved 11/8/2011) A8.607-4 DEATH ALLOWANCE If a member of the sheriff's department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the rank held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.607 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have r

nty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this Section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in

death. (Added by Proposition C, Approved 11/8/2011) A8.607-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the sheriff's department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.607-2, or after retirement for service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.607-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.6076-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.607-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children, under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.607-8, in lieu of the allowance which otherwise would be continued to him or her under this Section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. (Added by Proposition C, Approved 11/8/2011) A8.607-6 ADJUSTMENT OF ALLOWANCES 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) A8.607-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.607-8 DEATH BENEFIT 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) A8.607-9 REFUNDS AND REDEPOSITS 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) A8.607-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the sheriff's 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 sheriff's department. (b) Time prior to January 7, 2012, during which said member was entitled to receive compensation while a member of the sheriff's department under any other section of the Charter, provided that accumulated contributions on account of such service previously refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement board; and solely for the purpose of determining qualification for retirement under Section A8.607-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments. (c) 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. (d) 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) A8.607-11 SOURCES OF FUNDS All payments provided for members under Section A8.607 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.607 a sum equal to eight and one-half percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Sections A8.607-8, A8.607-9 and A8.607-10. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.607-11, to provide the benefits payable to members under Section A8.6076. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.607 in accordance with the provisions of Section A8.510. (c) Notwithstanding any other provision of this Section A8.607-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown

each member with a base rate of pay less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of

Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.607, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.607-4, A8.607-5 and A8.607-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.607-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5%

7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.607, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.607-4, A8.607-5 and A8.607-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.607 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition C, Approved 11/8/2011) A8.607-12 RIGHT TO RETIRE 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) A8.607-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.607 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.607, he or she shall re-enter membership under Section A8.607-6 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from

receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.607. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added by Proposition C, Approved 11/8/2011) A8.607-14 DEFERRED RETIREMENT 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) A8.607-15 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.607-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, Approved 11/8/2011) A8.607-16 SEVERABILITY 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) A8.608 SHERIFF, UNDERSHERIFF AND DEPUTIZED 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) A8.608-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.608 and Sections A8.608-2 through A8.608-16, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. Remuneration shall not mean new premiums or allowances first paid by the City and County after January 7, 2012, that exceed the rate of pay fixed for each classification for service qualifying for credit under this Section. For members with concurrent service in more than one position, "compensation" shall be limited to the first hours paid during any fiscal year equal to one full-time equivalent position. "Compensation" for any fiscal year shall not include remuneration that exceeds 75% of the limits set forth in Internal Revenue Code Section 401(a)(17) and as amended from time to time. Subject to the requirements that it be payable in cash, and that overtime and new premiums or allowances first paid by the City and County after January 7, 2012 are excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the positions held by him or her during such period, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to becoming a member of the sheriff's department, he or she was in the position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earned by a member during the higher of any three consecutive fiscal years of earnings or the thirty six consecutive months of earnings immediately prior to retirement. For the purpose of Sections A8.608 through A8.608-16, the terms "member of the sheriff's department," "member of the department," or "member" shall mean any sheriff assuming office on and after January 7, 2012, and undersheriffs and deputized personnel of the sheriff's department hired on and after January 7, 2012. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this Section and other Sections to which persons who are members under Section A8.608 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.608-10. "Retirement System" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Sections 12.100 and A8.500 of the Charter. "Retirement Board" shall mean "Retirement Board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition C, Approved 11/8/2011) A8.608-2 SERVICE RETIREMENT 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) A8.608-3 RETIREMENT FOR INCAPACITY Any member of the sheriff's department who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.608-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.608-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the position held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.608-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.608-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.608-2, but not less than 50 percent of said final compensation. Any member of the sheriff's department who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.608-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.608-1 for each year of service, provided that said

allowance shall not be less than 33 1 /3 percent of said final compensation. The question of retiring a member under this Section may be brought before the Retirement Board on said Board's own motion, by the Retirement Board's Executive Director on its behalf, by recommendation of the sheriff's department, or by said member, or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the position he or she occupied at the time of his or her retirement. (Added by Proposition C, Approved 11/8/2011) A8.608-4 DEATH ALLOWANCE If a member of the sheriff's department shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the position held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, for service or for disability resulting from injury received in, or illness caused by the performance of duty, the allowance payable shall be equal to the retirement allowance of the member, except that if he or she was a member under Section A8.608 and retirement was for such disability, and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however, shall be paid under this Section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death. (Added by Proposition C, Approved 11/8/2011) A8.608-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a member of the sheriff's department resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.608-2, or after retirement for service or because of disability which results from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.608-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted

fter retirement for disability by reason of injury received in or illness caused by performance of duty, three-fourths of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.608-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.608-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue

until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.608-8, in lieu of the allowance which otherwise would be continued to him or her under this Section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. (Added by Proposition C, Approved 11/8/2011) A8.608-6 ADJUSTMENT OF ALLOWANCES 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) A8.608-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.608-8 DEATH BENEFIT 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) A8.608-9 REFUNDS AND REDEPOSITS 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) A8.608-10 COMPUTATION OF SERVICE The following time shall be included in the computation of the service to be credited to a member of the sheriff's 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 sheriff's department hired on or after January 7, 2012. (b) Time prior to January 7, 2012, during which said member was entitled to receive compensation while a member of the sheriff's department under any other section of the Charter, provided that accumulated contributions on account of such service previously

refunded are redeposited with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement board; and solely for the purpose of determining qualification for retirement under Section A8.608-3 for disability not resulting from injury received in or illness caused by performance of duty, time during which said member serves and receives compensation because of services rendered in other offices and departments. (c) 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. (d) 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) A8.608-11 SOURCES OF FUNDS All payments provided for members under Section A8.608 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.608 a sum equal to eight and one-half percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her beneficiary or as provided in Sections A8.608-4, A8.607-5 and A8.608-8. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.608-11, to provide the benefits payable to members under Section A8.608. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.608 in accordance with the provisions of Section A8.510. (c) Notwithstanding any other provision of this Section A8.608-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0%

Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.608, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.608-4, A8.608-5 and A8.608-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.608-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.608, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.607-4, A8.608-5 and A8.608-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that

the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.608 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition C, Approved 11/8/2011) A8.608-12 RIGHT TO RETIRE 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) A8.608-13 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.608-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member after retirement for service or disability, or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, Approved 11/8/2011) A8.608-14 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.608 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this Section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.608, he or she shall re-enter membership under Section A8.608 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this Section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.608. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immedia

and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment.

(Added by Proposition C, Approved 11/8/2011) A8.608-15 DEFERRED RETIREMENT 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) A8.608-16 SEVERABILITY 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) A8.609 MISCELLANEOUS SAFETY PERSONNEL HIRED 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) A8.609-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.609-1 and Sections A8.609-2 through A8.609-16, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the positions held by him or her during such period, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to becoming a miscellaneous safety member, he or she was in the position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earnable by a member during the higher of any one fiscal year of earnings or the twelve consecutive months of earnings immediately prior to retirement. For the purpose of Sections A8.609 through A8.609-16, the terms "miscellaneous safety member" or "member" shall mean any

probation officers, district attorney investigators and juvenile court counselors hired before January 7, 2012 who was an active member of the Public Employees' Retirement System. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this Section and other Sections to which persons who are members under Section A8.609 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.609-10. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement Board" shall mean "retirement board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition C, Approved 11/8/2011) A8.609-2 SERVICE RETIREMENT 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) A8.609-3 RETIREMENT FOR INCAPACITY Any miscellaneous safety member who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.6098-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that

purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.609-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the position held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.609-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.609-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.609-2, but not less than 50 percent of said final compensation. Any miscellaneous safety member who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.609-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.609-1 for each year of service, provided that said allowance shall not be less than 33 1 /3 percent of said final compensation. The question of retiring a member under this Section may be brought before the Retirement Board on said board's own motion, by recommendation of the miscellaneous safety member's department, or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement. (Added by Proposition C, Approved 11/8/2011) A8.609-4 DEATH ALLOWANCE If a miscellaneous safety member shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the position held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, the allowance payable shall be equal to one-half of his or her retirement allowance of the member as it was prior to optional modification and prior to reduction as provided in Subsection (a) of Section A8.514 of this Charter, but exclusive of the part of such allowance which was provided by additional contributions, except that if he or she was a member under Section A8.609 and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If such retired person leaves no such surviving spouse, or if such surviving spouse should die or remarry before every child of such deceased retired person attains the age of 18 years, the allowance which such surviving spouse would have received had he or she lived and not remarried shall be paid to retired person's child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. 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 in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to

enefit shall be paid to his or her estate or designated beneficiary in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death, or unless such surviving spouse was married to said member at least one year prior to his or her retirement. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. (Added by Proposition C, Approved 11/8/2011) A8.609-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a miscellaneous safety member resulting from any cause other than an injury received in, or illness caused by performance of duty,

(a) if the death occurred after qualification for service retirement under Section A8.609-2, or after retirement for service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.609-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, one-half of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.609-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.609-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.609-8, in lieu of the allowance which otherwise would be continued to him or her under this Section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. (Added by Proposition C, Approved 11/8/2011) A8.609-6 ADJUSTMENT OF ALLOWANCES 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) A8.609-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.609-8 DEATH BENEFIT 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 o

r 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

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) A8.609-10 COMPUTATION OF SERVICE 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) A8.609-11 SOURCES OF FUNDS All payments provided for members under Section A8.609 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.609 a sum equal to eight and one-half percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Sections A8.609-8, A8.609-9 and A8.609-10. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.609-11, to provide the benefits payable to members under Section A8.609. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.608 in accordance with the provisions of Section A8.510. (c) Notwithstanding any other provision of this Section A8.609-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5%

11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.609, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.609-5 and A8.609-6. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.609-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25%

32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.609, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.609-5 and A8.609-6. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required by the City and County of San Francisco under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.609 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition C, Approved 11/8/2011) A8.609-12 RIGHT TO RETIRE 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) A8.609-13 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.609 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall be affected by the provisions of Subsection (a) of this section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.609, he or she shall re-enter membership under Section A8.609 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.609. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added by Proposition C, Approved 11/8/2011) A8.609-14 DEFERRED RETIREMENT

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) A8.609-15 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.609-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, Approved 11/8/2011) A8.609-16 SEVERABILITY 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) A8.610 MISCELLANEOUS SAFETY PERSONNEL HIRED 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) A8.610-1 DEFINITIONS The following words and phrases as used in this Section, Section A8.610 and Sections A8.610-2 through A8.610-16, unless a different meaning is plainly required by the context, shall have the following meanings: "Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context. "Compensation," as distinguished from benefits under the Workers' Compensation laws of the State of California shall mean all remuneration whether in cash or by other allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. Remuneration shall not mean new premiums or allowances first paid by the City and County after January 7, 2012, that exceed the rate of pay fixed for each classification for service qualifying for credit under this Section. For members

with concurrent service in more than one position, "compensation" shall be limited to remuneration for the first hours paid during any fiscal year equal to one full time equivalent position. "Compensation" for any fiscal year shall not include remuneration that exceeds seventy five percent of the limits set forth in Internal Revenue Code Section 401(a)(17) and as amended from time to time. "Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the positions held by him or her during such period, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to becoming a miscellaneous safety member, he or she was in the position first held by him or her in such department. "Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit." "Final compensation" shall mean the average monthly compensation earnable by a member during the higher of any three fiscal years of earnings or the thirty six consecutive months of earnings immediately prior to retirement. For the purpose of Sections A8.610 through A8.610-16, the terms "miscellaneous safety member" or "member" shall mean any probation officers, district attorney investigators, and juvenile court counselors hired on and after January 7, 2012. "Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this Section and other Sections to which persons who are members under Section A8.610 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.610-10. "Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter. "Retirement Board" shall mean "retirement board" as created in Section 12.100 of the Charter. "Charter" shall mean the Charter of the City and County of San Francisco. Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular. "Interest" shall mean interest at the rate adopted by the Retirement Board. (Added by Proposition C, Approved 11/8/2011) A8.610-2 SERVICE RETIREMENT 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) A8.610-3 RETIREMENT FOR INCAPACITY Any miscellaneous safety member who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.610-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.610-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the rank held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.610-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.610-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.610-2, but not less than 50 percent of said final compensation. Any miscellaneous safety member who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.610-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.610-1 for each year of service, provided that said allowance shall not be less than 33 1 /3 percent of said final compensation. The question of retiring a member under this Section may be brought before the Retirement Board on said Board's own motion, by the Retirement Board's Executive Director on its behalf, by recommendation of the miscellaneous safety member's department, or by said member, or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the position he or she occupied at the time of his or her retirement. (Added by Proposition C, Approved 11/8/2011) A8.610-4 DEATH ALLOWANCE If a miscellaneous safety member shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the position held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation. If he or she had retired prior to death, the allowance payable shall be equal to one-half of his or her retirement allowance of the member

as it was prior to optional modification and prior to reduction as provided in Subsection (a) of Section A8.514 of this Charter, but exclusive of the part of such allowance which was provided by additional contributions, except that if he or she was a member under Section A8.610 and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If such retired person leaves no such surviving spouse, or if such surviving spouse should die or remarry before every child of such deceased retired person attains the age of 18 years, the allowance which such surviving spouse would have received had he or she lived and not remarried shall be paid to retired person's child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. 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 in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members. No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of injury or onset of the illness which results in death, or unless such surviving spouse was married to said member at least one year prior to his or her retirement. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. (Added by Proposition C, Approved 11/8/2011) A8.610-5 PAYMENT TO SURVIVING DEPENDENTS Upon the death of a miscellaneous safety resulting from any cause other than an injury received in, or illness caused by performance of duty, (a) if the death occurred after qualification for service retirement under Section A8.610-2, or after retirement for service or because of disability which results from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or (b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.610-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or (c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, one-half of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or (d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.610-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.610-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents de

child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired. The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.610-8, in lieu of the allowance which otherwise would be continued to him or her under this Section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election. (Added by Proposition C, Approved 11/8/2011) A8.610-6 ADJUSTMENT OF ALLOWANCES

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) A8.610-7 ADJUSTMENT FOR COMPENSATION PAYMENTS 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) A8.610-8 DEATH BENEFIT 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) A8.610-9 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) A8.610-10 COMPUTATION OF SERVICE 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) A8.610-11 SOURCES OF FUNDS All payments provided for members under Section A8.610 shall be made from funds derived from the following sources, plus interest earned on said funds: (a) There shall be deducted from each payment of compensation made to a member under Section A8.610 a sum equal to eight and one-half percent of such payment of compensation. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her beneficiary or as provided in Sections A8.610-4, A8.610-5 and A8.610-8. The individual accounts of members who purchased service credit for Unpaid Parental Leave shall

also include the amount paid by the member for said purchase, plus interest. (b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.610-11, to provide the benefits payable to members under Section A8.610. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.610 in accordance with the provisions of Section A8.510. (c) Notwithstanding any other provision of this Section A8.610-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay less than $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -4.0% .01%-1.0% -4.0% 1.01%-2.5% -3.75% 2.51%-4.0% -3.5% 4.01%-5.5% -2.5% 5.51%-7.0% -2.0% 7.01%-8.5% -1.5% 8.51%-10.0% -1.0% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.0% 15.01%-17.5% 1.5% 17.51%-20.0% 2.0% 20.01%-22.5% 2.5% 22.51%-25.0% 3.5% 25.01%-27.5% 3.5% 27.51%-30.0% 3.75% 30.01%-32.5% 3.75% 32.51%-35.0% 4.0% Over 35.0% 4.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.610, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.610-4, A8.610-5 and A8.610-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (d) Notwithstanding any other provision of this Section A8.610-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) for each member with a base rate of pay at or above $48.00 per hour shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). The base rate of pay shall be adjusted each fiscal year by the percentage increase in the cost of living during the previous calendar year, as shown by the then current CPI-U Index, San Francisco-Oakland-San Jose issued by the U.S. Bureau of Labor Statistics, but not to exceed three and one-half percent (3.5%). Said increase or decrease in the employee contribution rate shall be

calculated as a percentage of compensation, as set forth below: Employer Contribution Rate Change In Member Contribution Employer Contribution Rate Change In Member Contribution 0% -5.0% .01%-1.0% -4.5% 1.01%-2.5% -4.25% 2.51%-4.0% -4.0% 4.01%-5.5% -3.0% 5.51%-7.0% -2.5% 7.01%-8.5% -2.0% 8.51%-10.0% -1.5% 10.01%-11.0% -0.5% 11.01%-12.0% 0% 12.01%-13.0% 0.5% 13.01%-15.0% 1.5% 15.01%-17.5% 2.0% 17.51%-20.0% 2.5% 20.01%-22.5% 3.0% 22.51%-25.0% 4.0% 25.01%-27.5% 4.0% 27.51%-30.0% 4.25% 30.01%-32.5% 4.25% 32.51%-35.0% 4.5% Over 35.0% 5.0%

The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the

Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of, said member under Section A8.6010, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.610-4, A8.610-5 and A8.610-8. The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System otherwise required for said member for that fiscal year. The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to eight and one half percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made. The percentage increase in contributions by the City and County shall be in addition to the contributions required under Subsection (b) for that fiscal year. (e) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.610 shall be a part of the fund in which all other assets of said system are included. (f) The Retirement Board's authority under Charter Sections 12.100 and A8.500 and in Section A8.510 concerning the annual setting of the rates of contribution is not subject to the meet and confer process, including all impasse procedures under Section A8.590 et seq. (Added by Proposition C, Approved 11/8/2011) A8.610-12 RIGHT TO RETIRE 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) A8.610-13 FORFEITURE FOR CRIMES INVOLVING MORAL TURPITUDE Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee

of the City and County shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions; provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section A8.610-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment. Any member after retirement for service or disability, or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction. (Added by Proposition C, Approved 11/8/2011) A8.610-14 LIMITATION ON EMPLOYMENT DURING RETIREMENT (a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.610 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement. (b) (1) Service as an election officer or juror, or in the preparation for, or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this Section. (2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month. (3) If such retired person is elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.610, he or she shall re-enter membership under Section A8.609 and his or her retirement allowance shall be cancelled immediately upon his or her re-entry. The provisions of Subsection (a) of this Section shall not prevent such person from receiving the compensation for such position or office. The rate of contributions of such member shall be the same as that for other members under Section A8.610. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement. (c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 58 years, the Retirement Board shall reduce that part of his or her monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment. (Added by Proposition C, Approved 11/8/2011) A8.610-15 DEFERRED RETIREMENT 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) A8.610-16 SEVERABILITY 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, p

, 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)

A8.611 PUBLIC SAFETY COMMUNICATIONS 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")]* A8.900 PREAMBLE. (a) It is critical to the health, the safety, and economic vitality of the City and County of San Francisco, that the City be able to recruit new Police Officers, and retain veteran Police Officers. Recent experience has demonstrated that the City's Police Department has had difficulty recruiting qualified Police Officers, and, more significantly, has had difficulty retaining the services of veteran Police Officers. (b) There is a highly competitive labor market for the services of Police Officers. Additionally, due to the historical hiring patterns in this Department, hundreds of Police Officers will become eligible for normal service retirement in the next three to five years. The City Police Department is already three hundred officers below the Charter mandated staffing level. (c) In order to address this recruitment and this retention problem, through this measure the voters establish a voluntary Deferred Retirement Option Program (DROP) which would be offered to members of the Police Department in order to create an incentive for the retention of experienced Police Officers, and as well, to attract new Officers. (d) Specifically, as well, the voters intend that this Charter provision, if adopted, shall be "cost neutral" to the City; that is, it shall not impose new costs upon the City as a consequence of the participation by Police Officers in the DROP. (e) Finally, in order that the cost impact of the DROP may be assessed, this measure additionally provides that at the end of the third year after the implementation of the Program, the Board of Supervisors, pursuant to data provided by the Police Department along with an analysis by the Controller of the City and County and the consulting actuary of the Retirement Board, shall determine whether the Program has been cost-neutral, and whether in light of its achievement of the goals of the measure, it should be continued for an additional three year term, and thereafter, subject to similar evaluations. (Added by Proposition B, Approved 2/5/2008) A8.901 ELIGIBILITY TO PARTICIPATE IN THE DEFERRED RETIREMENT OPTION PROGRAM. (a) Sworn members of the Police Department occupying the rank of Police Officer (currently Q2—Q4) at their date of entry into the Program, shall be eligible to participate in the DROP for up to a maximum of 36 months from their date of entry into the Program, provided they otherwise meet the eligibility standards set forth in Section A8.901(c). Sworn members of the Police Department occupying the ranks of Sergeant (currently Q50—Q52) and Inspector (currently 0380-0382) at their date of entry into the Program, shall be eligible to participate in the DROP of up to a maximum of 24 months from their date of entry into the Program, provided they otherwise meet the eligibility standards set forth in Section A8.901(c). (b) Sworn members of the Police Department occupying the ranks of Lieutenant (currently Q60—Q62) and Captain (currently Q80— Q82) at their date of entry into the Program shall be eligible to participate in the Program for a maximum of 12 months from their date of

entry into the Program, provided that they otherwise meet the eligibility standards set forth in Section A8.901(c). No sworn member of the Police Department occupying a rank above that of Captain shall be eligible to participate in the Program. (c) To be eligible to participate in the DROP, a sworn member occupying one of the eligible ranks must additionally be an active employee of the San Francisco Police Department, have at least 25 years of service as a sworn member of the Department, including any service as a member of the San Francisco Airport Police, and be at least 50 years of age at the time of entry into the Program. Additionally, a member must be a "full duty sworn officer" as that term is used in Charter Section 4.127. As a condition of participation the sworn member must agree that they shall terminate their employment through retirement at the conclusion of their participation in the Program. (Added by Proposition B, Approved 2/5/2008) A8.902 EFFECT OF DISABILITY ON CONTINUED PARTICIPATION. (a) If, after a member becomes a participant in the DROP, the member shall become incapacitated for the performance of duty by reason of any bodily injury received in or illness caused by the performance of duty, said member will be eligible to apply for a retirement for incapacity and be subject to the same eligibility requirements provided elsewhere in this Charter as though the participant was not enrolled in the DROP. If a member receives a retirement for this duty related incapacity, said retirement shall be in lieu of the benefits provided in accordance with these DROP provisions, and the participant shall be paid an industrial disability retirement benefit as if the participant had never entered the DROP. (b) If, after a member becomes a participant in the DROP, the member shall become incapacitated for the performance of duty by reason of any bodily injury received or illness not related to the performance of duty, said member will be eligible to apply to terminate participation in DROP in accordance with Section A8.906. The participant will be paid the balance credited in their DROP Account, and will begin to receive a monthly payment as determined under Section A8.903, including any cost of living adjustments to which the member would otherwise be entitled. (c) In the event a member shall become temporarily incapacitated for the performance of duty while participating in the DROP, the member is entitled to disability benefits only as provided for in this Charter. The member is thus no longer a "full duty sworn officer," as defined in Section A8.901(c), and therefore the member's service retirement payments will be suspended for the period during which disability benefits are received. The member's DROP enrollment shall be extended for the period during which disability benefits were received, provided that this extension may not exceed one-half of the permitted maximum participation period for the rank occupied by the member at the time of enrollment in the DROP. (d) In the event a member who is participating in the DROP applies for a retirement for incapacity, and the application remains unresolved at the conclusion of their DROP participation period, that member must leave the DROP when their participation period concludes, but they shall be permitted to continue on disability status with the Department until such time as their application is finally determined. In no event, however, shall any such member receive the distribution of their DROP Account until their disability retirement status is finally determined. (Added by Proposition B, Approved 2/5/2008) A8.903 THE EFFECT OF PARTICIPATION IN THE DROP UPON PENSION BENEFIT 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) A8.904 ESTABLISHMENT OF THE DROP ACCOUNT. (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) A8.905 RIGHTS OF SURVIVING SPOUSE, DOMESTIC PARTNER, OR DEPENDENTS. (a) If a member shall die by reason of an injury received in, or illness caused by the performance of duty during the period of their participation in the DROP, the member's qualified surviving spouse, qualified registered/certified domestic partner or other qualified dependents provided for in this Charter shall receive a death allowance pursuant to the applicable provisions of the Charter as if the member had never elected to enter DROP. Whichever of the member's qualified surviving spouse, qualified registered/certified domestic partner or other qualified dependents provided for in this Charter is entitled to receive this allowance may, instead of receiving the benefit under this paragraph, elect to receive a non-work related death benefit as specified in paragraph (b) below. (b) If a member shall die during the period of their participation in the DROP for non-work related causes, the surviving qualified spouse, qualified registered/certified domestic partner, or other qualified dependents provided for in this Charter, shall be entitled to a post-retirement continuation allowance, along with any amounts credited to the deceased member's DROP Account, determined as if the participant had elected to voluntarily withdraw from DROP under Section A8.906 on the participant's date of death. Such payments shall be made on the basis of beneficiary elections made by the member at the time of his or her entry into DROP, and updated from time to time, as set forth in Section A8.905(d). (c) In order for a surviving spouse or registered/certified domestic partner to be qualified for the monthly allowance described in this section, the member must have been married, or have established a domestic partnership within the time limits specified by this Charter. In order for surviving dependents to be qualified for the monthly allowance described in this section, such dependents must satisfy the requirements of the retirement provisions of this Charter. In any circumstance where the eligibility requirements specify the member's date of retirement, those requirements must be met at the date of entry into DROP. (d) A member who elects to participate in the DROP may designate a beneficiary for the proceeds of the member's DROP Account in writing, not later than the time of entry into the DROP. The member may change the designation at any time prior to the distribution of the DROP Account. If the designated beneficiary predeceases the participating member, and the member becomes deceased before designating a new beneficiary, any distribution of the proceeds of the DROP Account shall be made to the estate of the member, pursuant to law. (e) Notwithstanding the above provisions, a member's designation of a DROP Account beneficiary shall be subject to community property obligations, if any, under applicable California law. (Added by Proposition B, Approved 2/5/2008) A8.906 TERMINATION OF PARTICIPATION IN THE DROP. (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) A8.907 EMPLOYMENT STATUS OF THE MEMBER DURING PARTICIPATION IN THE DROP. (a) During the period of a member's participation in the DROP, the member shall continue to receive the regular compensation attached to the rank occupied by the member at the time of enrollment in the Program, and the member shall have all of the rights, privileges, benefits and obligations of employment, including health benefits, attached to said rank, and shall be subject to all of the other terms and conditions of active employment in their respective rank and assignment. No member shall be eligible for a promotion during the time of their participation in the DROP. (b) Notwithstanding the continued receipt by a participating member of the regular compensation and benefits attached to the rank and assignment which they occupy during their time in the DROP, no participating member shall receive service credit or compensation credit for retirement purposes pursuant to this Charter on account of their participation in the DROP. The member shall be subject to the employee contribution, as required by this Charter for all other active members of the Police Department, into the Retirement System. The City and County need not continue to make its required contributions for any DROP participant. Member contributions made during a participation in the DROP shall be deemed a contribution to the general assets of the Retirement System, and shall not be a part of the member's DROP Account. (Added by Proposition B, Approved 2/5/2008) A8.908 COMPLIANCE WITH TAX LAWS. (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) A8.909 DETERMINATION OF COST NEUTRALITY. (a) The implementation of the DROP shall not result in any net increase in cost to the City. This determination shall take into account the costs associated with payroll, the expenditures associated with the recruitment and training of Police Officers, the costs of conducting academies for such recruits and trainees, the Field Training Officer costs, the retirement contributions made by members participating in the DROP, and the City, and the City's share of the return on the investment of the DROP funds, along with any other cost or savings elements related to the implementation of the Program. Notwithstanding this objective, the DROP shall be given a sufficient trial period to determine whether, as implemented, it is cost-neutral to the City as so defined. (b) Not later than April 15, in the third year after the effective date of the DROP, a joint report prepared by the Controller of the City and the consulting actuary of the Retirement System documenting the net cost effect of the Program shall be submitted to the Board of Supervisors, and the Board shall determine by majority vote whether, on the basis of said report, the Program shall be renewed for an additional period of time as specified by the Board, but in no event beyond an additional three years. (c) The net cost effect of the Program shall be similarly evaluated periodically thereafter, pursuant to a schedule established by ordinance adopted by the Board of Supervisors by majority vote; provided, however, that in no event may such an evaluation be conducted less often than every three years after the initial evaluation. (d) If the Board of Supervisors determines not to renew the Program, those members then enrolled shall be permitted to complete their Program participation pursuant to the terms in effect when they entered into the Program. (Added by Proposition B, Approved 2/5/2008) A8.910 WITHDRAWAL OR ROLLOVER OF DROP ACCOUNTS. (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) APPENDIX B: PORT AGREEMENTS* B3.581 Powers and Duties B3.582 Transfer of Harbor B3.583 Status of Employees B3.584 Budgeting and Fiscal Procedure B3.585 Legal Advisor B6.406 Harbor Revenues and Expenditures B7.305 Revenue Bonds of the Port Commission B7.310. Pier 70 Waterfront District. B7.320. Agreements With Other City Departments.

B3.581 POWERS AND DUTIES

The Port Commission shall have all the powers and duties given to boards and Commissions by Section 3.500 of the Charter and shall have the power to establish such departments and bureaus as may be necessary or convenient for the conduct of its affairs. Subject to the terms and conditions of the transfer and any supplemental agreements relating thereto, the Port Commission shall have the control and management of all real and personal property transferred under the Statutes 1968, ch. 1333, or otherwise acquired or purchased with funds under its control or acquired or purchased by it within the scope of its authority, or otherwise placed under its management, supervision and control. The property under the control and management of the Commission shall be known as the port area. The Port Commission shall have the power and duty to use, conduct, operate, maintain, manage, regulate, and control the port area of San Francisco and to do all things it deems necessary in connection with the use, conduct, operation, management, maintenance, regulation, improvement and control of said port area, or which may further the interests of the port in world trade, including, without limiting the generality of the foregoing, the exclusive power to perform or accomplish the following: (a) The improvement, operation and conduct of the harbor, and any and all improvements or facilities located thereon; (b) The construction, reconstruction, repair, operation and use of all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of commerce and navigation, or located within the port area; (c) The establishment, improvement and conduct of railroad and aviation facilities and all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and conduct of air commerce and navigation and railroad transportation; (d) The construction, reconstruction, repair, maintenance and operation of public buildings, parks, playgrounds, public educational and recreation facilities and all works, buildings, facilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of any such uses; (e) The preservation or restoration of marine resources consistent with the primary mission of the Harbor of San Francisco; (f) The grant of franchises thereof for limited periods not exceeding 66 years for wharves and other public uses and purposes and the lease of said lands, facilities, or any part thereof for limited periods not exceeding 66 years, and the collection and retention of rents and other revenues from such leases, franchises, permits, licenses and privileges. Such lease or leases, franchises, permits, licenses, and privileges shall be for purposes consistent with the trusts upon which the lands are held by the State and with the requirements of commerce and navigation, or if the Port Commission of the City and County of San Francisco determines that any portion of the transferred lands is not required for the foregoing uses described in this section, such lease or leases, franchises, permits, licenses, and privileges, may be for the purposes of such development and use as the Commission finds will yield maximum profits to be used by the Commission in the furtherance of commerce and navigation; (g) Leases and franchises granted or made by the Port Commission shall be administered exclusively by the operating forces of the Port Commission; (h) The power to nominate for appointment a Port Director who shall be the chief executive of the Port Commission and who shall have the management of all the affairs and activities placed under the jurisdiction of the Commission. The Mayor shall appoint a Port Director. He shall devote his entire time to the duties of his office and his salary shall be fixed by the Commission. He shall hold his office at the pleasure of the Commission and shall have the management of said harbor and of all of the facilities and equipment thereof and all bureaus and departments established for the operation of said harbor or for the operation of any equipment or facility thereof. Subject to the approval of the Commission he shall appoint and remove any and all heads of departments or bureaus, who may not be subject to the civil service provisions of the Charter. He shall possess the necessary administrative, executive and technical qualifications necessary to enable him to perform the duties of his office. His compensation shall not exceed prevailing salaries paid those holding similar positions in comparable maritime employment. The Commission may confer on him such additional powers and authority as it may see fit; (i) To regulate the berthing, anchoring, towing, loading and unloading and mooring of vessels within the port; (j) To issue receipts, negotiable or otherwise, for property or merchandise in its charge or possession; (k) To fix all rates, dockage, rentals, tolls, wharfage, and charges, for the use and occupation of the public facilities or appliances of the port, and for services rendered by the Port Commission, and to provide for the collection thereof; (l) To enter into contracts, agreements, or stipulations germane to the scope of its powers and duties; (m) To give such bonds or assurances as may be required by the United States in the operations permitted hereunder; (n) To provide and equip offices within or without the port, within other states, or in foreign countries, and through such employees and agencies as it may deem expedient; (o) To contract for and operate foreign trade zones within the port area or auxiliary to the port area, or such zones or sub-zones as have been operated by the San Francisco Port Authority. Agreement may be made with the Public Utilities Commission for operation of future zones or sub-zones in other areas;

in foreign countries, and through such employees and agencies as it may deem expedient; (o) To contract for and operate foreign trade zones within the port area or auxiliary to the port area, or such zones or sub-zones as have been operated by the San Francisco Port Authority. Agreement may be made with the Public Utilities Commission for operation of future zones or sub-zones in other areas; (p) Members and officers of the Port Commission shall be exempt from the provisions of the City Charter relating to absences from the State, but shall advise the Mayor and the Board of Supervisors in advance of such absences; (q) May promote the maritime and commercial interests of the harbor by advertising its advantages and facilities and by the solicitation of business. The advertising and solicitation may be conducted within or without this State and through such agencies, mediums, employees and agents as are determined by the Commission. The Commission may, in its discretion, publish and distribute a magazine, pamphlets, booklets and other printed and advertising matter for the purpose of developing traffic and promoting and maintaining the commerce and prestige of the port, and may use any moneys of the harbor fund for the special purposes authorized by

this provision. Members and employees of the Commission in attending conventions of port authorities and meetings of transportation clubs, trade associations and business organizations that may advance the interests of the port shall be allowed their actual necessary expenses in the performance of such services as may from time to time be deemed desirable by the Commission and shall be allowed hospitality expenses necessarily incurred in furthering the interests of the port; (r) To issue revenue bonds as provided in Section 7.305; (s) To expend all funds necessary to the carrying out of the powers and duties herein expressed; (t) This section does hereby vest in the Port Commission all of the powers set forth in Section 3 and Section 5 of the Statutes of 1968, Chapter 1333, which provisions are hereby incorporated in the Charter by this reference. B3.582 TRANSFER OF HARBOR The City and County of San Francisco shall accept the transfer and assume jurisdiction and control of the Harbor of San Francisco and the facilities thereof in accordance with the terms and conditions of Statutes 1968, ch. 1333. All the powers and duties incident to the management, government, control and administration of said harbor and all properties and utilities used in connection therewith, shall be vested in the Port Commission of the City and County of San Francisco. The Board of Supervisors of the City and County of San Francisco shall have and is hereby granted power to enter into any agreement with the State of California, the Director of Finance, or any officer, agency or Commission of the State of California, and to pass all necessary legislation and to do or perform any other act or acts deemed necessary to effect the transfer of the jurisdiction and control of the Harbor of San Francisco, or any of the facilities thereof, to the City and County of San Francisco. B3.583 STATUS OF EMPLOYEES All employees of the port authority who, at the time the transfer provided for herein shall go into effect, are members of the Public Employees' Retirement System of the State of California shall continue to be members of said Public Employees' Retirement System, with all the rights, privileges and benefits of said system and they shall not be members of the San Francisco City and County Employees' Retirement System; and, notwithstanding any other provisions of this Charter, the City and County shall perform all acts necessary to continue the membership of such employees in said Public Employees' Retirement System. All employees of the port authority who, at the time the transfer provided for herein shall go into effect, are covered under the provisions of a retirement program other than the Public Employees' Retirement System of the State of California shall thereafter continue to be covered under such retirement program and they shall not be members of the San Francisco City and County Employees' Retirement System; and, notwithstanding any other provisions of this Charter, the City and County shall perform all acts necessary to continue the coverage of such employees under such retirement program. Persons who, after the transfer provided for herein has gone into effect, become employees of the City and County in positions related to the operation of the State Belt Railroad and who become covered under the provisions of the Railroad Retirement Act by virtue of their employment in such positions shall not be members of the San Francisco City and County Employees' Retirement System. B3.584 BUDGETING AND FISCAL PROCEDURE In the matter of the control and operation of the harbor and of the facilities and equipment thereof, including the matter of budgets and appropriations, the Port Commission shall be subject to the budgetary and fiscal procedure elsewhere provided for in this Charter. B3.585 LEGAL ADVISOR The City Attorney shall be the legal advisor of the Commission, and may, with the approval of the Commission, compromise, settle or dismiss any litigation or legal proceeding, pending for or on behalf of the Commission relative to any matter under its jurisdiction, and said Commission may with the consent of the Mayor and the approval of the City Attorney appoint special counsel.

B6.406 HARBOR REVENUES AND EXPENDITURES The revenues of the harbor and of all properties and facilities incident thereto, or used in connection therewith, shall be deposited in a separate fund in the treasury of the City and County; and a harbor trust fund or trust funds shall be established by the City and County; and the City and County shall deposit in the fund or funds all monies received attributable to facilities on the transferred lands in the harbor. Subject to the terms and conditions of Statute 1968, ch. 1333, appropriations from such funds shall be made for the following purposes and in the order named, viz: (a) for the payment of maintenance and operating expenses, pension charges and proportionate payments to such compensation and other insurance and accident reserve funds as the Commission may established the Board of Supervisors may require; (b) for the payment of principal, interest, reserve funds, sinking funds, and other funds established for the benefit of any forms of indebtedness issued or undertaken by or on behalf of the Commission for any purpose authorized under this Charter, including, but not limited to, revenue bonds, general obligation bonds, infrastructure financing district bonds, certificates of participation, lease revenue bonds, commercial paper, variable rate demand notes, auction rate securities, bond anticipation notes and other evidences of indebtedness: (c) for capital improvements to, and reconstruction and replacement of, the properties, equipment and facilities of the harbor , and (d) to establish a reserve, surplus or sinking fund for harbor operations, capital improvements, reconstruction, and replacement of equipment or facilities used in connection thereto as the Commission may establish. In the event of a conflict between any trust indenture or other instrument securing or evidencing indebtedness outstanding as of January 1, 2009 and authorized in this Charter and the priorities set forth in this Section B6.406, the priorities of the debt instrument will control. (Amended by Proposition D, 11/4/2008) B7.305 REVENUE BONDS OF THE PORT COMMISSION The Port Commission shall have the exclusive power to perform or accomplish the issuance of revenue bonds in the same manner and to the same extent as is provided for by the San Francisco Harbor Revenue Bond Act of 1951, enacted by Stats. 1951, Chapter 1712, page 4020, of the Statutes of California and codified as Sections 3300 to 3369 of the Harbors and Navigation Code of the State of California, except that the provisions of said Act codified as Section 3338 of the said Harbors and Navigation Code shall not be applicable to these bonds and the bonds shall instead be governed by the following provision: The San Francisco Port Commission may fix terms and conditions for the sale or other disposition of any authorized issue of bonds and may provide that the bonds may be sold on the basis of the lowest net interest cost to the San Francisco Port Commission, the coupon rates to be fixed by the successful bidder on the sale of the bonds. The San Francisco Port Commission may authorize the City Treasurer to sell bonds at less than their par or face value, but no bond may be sold at a price below 95 percent of the principal amount of the bond and accrued interest thereon. The said San Francisco Port Commission may set the annual rate or rates of interest which the bonds to be issued shall bear, which rate or rates, at the discretion of the said Commission, may be determined by the bidder at the time of sale of said bonds. Such interest may be payable at such periods as may be fixed by the Commission. All of the other provisions of said Act are by this reference incorporated in and made a part of this Charter, except that where the term "Board of State Harbor Commissioners" is used it shall be deemed to mean the "Port Commission," and where the term "San Francisco Harbor" is used it shall be deemed to mean all the property under the jurisdiction of the San Francisco Port Commission, and where the term "San Francisco Harbor Bond Finance Board" or "Bond Finance Board" is used it shall be deemed to mean "Board of Supervisors of the City and County of San Francisco," and where the term "Attorney General of the State of California" is used it shall be deemed to mean "City Attorney," and where the term "State Treasurer" is used it shall be deemed to mean "City Treasurer," and where the term "State Controller" is used it shall be deemed to mean "City Controller." The revenue bonds issued hereunder shall be known as "Revenue Bonds of the Port Commission of San Francisco." SEC. B7.310. PIER 70 WATERFRONT DISTRICT. (a) The Port of San Francisco's southern waterfront includes a site known as Pier 70. For over 150 years, some portion of this site has

been in use for ship building and repair, or steel production, as well as for other heavy industrial uses. In 2001, the California State Office of Historic Preservation determined that Pier 70's approximately 40 historic buildings, structures, and features are eligible for the National Register collectively as contributors to a Pier 70 historic district. This Section B7.310 is intended to enable the City and County, through its Port Commission, to rehabilitate the Pier 70 area by establishing planning, financing and project approval mechanisms appropriate to the area. These mechanisms will serve a significant public purpose by preserving and restoring historic waterfront properties in need of repair, restoring waterfront land, and building new waterfront parks and maritime facilities. (b) The Port Commission may submit to the Board of Supervisors for approval a financial and land use plan or plans for all or a portion of Pier 70 (each a "Pier 70 Plan") that includes a description of the boundaries of a Pier 70 planning area ("Pier 70 Waterfront District") and projections of the Port's need for financing, in addition to authorized property tax increment financing, to preserve and restore deteriorated Pier 70 historic waterfront properties, seismically strengthen Pier 70 piers and structures, remediate and restore contaminated waterfront land and structures, build new waterfront parks, and build maritime facilities ("Waterfront Improvements"). The financing plan may include, without limitation, issuance of debt to finance Waterfront Improvements or direct payments to a tenant for the Waterfront Improvements. As used in this Section B7.310, Waterfront Improvements include rehabilitation of an existing historic resource consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, seismic strengthening of existing structures, environmental remediation and/or mitigation consistent with applicable regulations and/or a plan approved by a regulatory agency with jurisdiction over the contaminated area, construction and landscaping of waterfront open space, including natural shoreline habitat, construction of utility infrastructure necessary to achieve compliance with environmental performance standards that exceed applicable building code requirements, and the construction or rehabilitation of maritime facilities. (c) Before proposing to issue indebtedness to finance Waterfront Improvements or to assume the responsibility to pay for the improvements pursuant to this Section B7.310, the Port Commission, by resolution, must approve a capital budget for the proposed Waterfront Improvements and find that the new lease revenues from private investment in and development of the proposed Pier 70 Waterfront District for a period of 20 years, commencing with the Port's projected date of issuance of a certificate of occupancy for a lease identified by the Port for all or a portion of the Pier 70 Waterfront District, and property tax increment available under the Pier 70 Plan, are insufficient to finance the Waterfront Improvements. (d) The Clerk of the Board of Supervisors shall refer the Pier 70 Plan to the Controller within 30 days after the Port Commission's submission to the Board of Supervisors. Within 90 days of the Clerk's referred, the Controller and the Tax Collector, in consultation with the Department of Real Estate and the Port Commission, shall report to the Board of Supervisors the following: 1. The total amount of taxes received by the City and County from (A) the City Payroll Expense Tax under Article 12-A of the Business and Tax Regulations Code, as amended from time to time (the "Payroll Tax"), from businesses located in the Pier 70 Waterfront District, and (B) Tax on Transient Occupancy of Hotel Rooms under Article 7 of the Business and Tax Regulations Code, as amended from time to time (the "Hotel Tax"), from any hotel rooms located in the Pier 70 Waterfront District (the "Base Year Tax Revenues") in the full fiscal year immediately preceding the submission of the proposed Pier 70 Plan to the Board of Supervisors; and 2. The projected annual increases in Payroll Tax and the Hotel Tax above the Base Year Tax Revenue that will accrue to the General Fund for each year ("Pier 70 Annual Payroll and Hotel Tax Increment") for a twenty year period following the issuance of a certificate of occupancy related to a Port lease identified by the Port for all or a portion of the Pier 70 Waterfront District, using assumptions about new lease and tax revenues from development of allowed uses in the Pier 70 Waterfront District. The publication of the Controller's and Tax Collector's report will not be a violation of Business & Tax Regulations Code Section 6.22-1. The Controller and the Tax Collector shall be entitled to reimbursement of their costs to perform their responsibilities under this Section B7.310. (e) The Board of Supervisors may approve the Pier 70 Plan, with or without the financing for Waterfront Improvements described by the plan. The Board of Supervisors may approve the financing for Waterfront Improvements described in the plan, if it finds that new lease revenues from private investment in and development of the proposed Pier 70 Waterfront District for a period of twenty years, commencing with the Port's projected date of issuance of a certificate of occupancy for a lease identified by the Port for all or a portion of the Pier 70 Waterfront District, and property tax increment available under the Pier 70 Plan, are insufficient to finance the Waterfront Improvements. (f) If the Board of Supervisors approves the Pier 70 Plan and associated financing for Waterfront Improvements, then, for the purposes of this Section B7.310, the Base Year Tax Revenues for the Pier 70 Plan will be the total Payroll Tax from businesses located in the Pier 70 Waterfront District and any Hotel Tax from any hotel rooms in the

insufficient to finance the Waterfront Improvements. (f) If the Board of Supervisors approves the Pier 70 Plan and associated financing for Waterfront Improvements, then, for the purposes of this Section B7.310, the Base Year Tax Revenues for the Pier 70 Plan will be the total Payroll Tax from businesses located in the Pier 70 Waterfront District and any Hotel Tax from any hotel rooms in the Pier 70 Waterfront District in the fiscal year preceding Port Commission issuance of debt to finance Waterfront Improvements or obligation to first pay for Waterfront Improvements pursuant to this Section B7.310, and the Controller and the Tax Collector, in consultation with the Department of Real Estate and the Port Commission, shall revise their projections of Pier 70 Annual Payroll and Hotel Tax Increment for a 20-year period, commencing on the Port's projected date of its issuance of debt for, or obligation to pay for the construction of Waterfront Improvements pursuant to this Section B7.310, based on updated assumptions about new lease and tax revenues from development of allowed uses in the Pier 70 Waterfront District. These updated assumptions shall serve as the basis for appropriations pursuant to this Section B7.310 for the remainder of the term of the Pier 70 Plan. (g) If the Board of Supervisors approves financing for Waterfront Improvements described in the Pier 70 Plan, then the City and County shall appropriate from discretionary General Fund revenues to the harbor trust fund the amount necessary to pay debt service on indebtedness issued by the Port Commission to finance Waterfront Improvements or to fund the Port's obligation to pay for Waterfront Improvements pursuant to this Section B7.310 in an amount up to seventy-five percent (75%) of the Pier 70 Annual Payroll and Hotel Tax Increment beginning in the fiscal year in which the Port Commission is obligated to A) begin paying for the Waterfront Improvements, or B) pay debt service on indebtedness that it has issued to finance Waterfront Improvements and for each subsequent fiscal year until the earlier of (i) the date the Controller certifies that the Port Commission has retired all indebtedness issued or to finance the Waterfront Improvements or fully satisfied its obligation to pay for the Waterfront Improvements or (ii) 20 fiscal years

commencing with the first fiscal year that the Port Commission is obligated to pay such debt service or payment on the Waterfront Improvements. The City and County shall appropriate the funds to the harbor trust fund notwithstanding the actual amount of the annual increase in Payroll Taxes and Hotel Taxes during any fiscal year, without any adjustment based on the actual amounts of such taxes paid or accruing to the City and County. In no event may the amount appropriated to the harbor trust fund in the aggregate be greater than seventy-five percent (75%) of the amount of Pier 70 Annual Payroll and Hotel Tax Increment estimated by the Controller for a 20-year period pursuant to subsection (f). The Port may use the funds appropriated solely to finance the construction of Waterfront Improvements described in its Pier 70 Plan and any amendments to the plan by the Port Commission and the Board of Supervisors. (h) The Board of Supervisors' approval of the Pier 70 Plan, with or without approval of the financing for Waterfront Improvements, shall constitute approval by the Board of Supervisors of any lease for a project developed under the Pier 70 Plan under Article IX, Section 9.118 of this Charter upon approval by the Port Commission if all of the following conditions are met: 1. The Controller, in consultation with the Department of Real Estate, finds the lease consistent with the Pier 70 Plan; 2. If required for purposes of the receipt of federal historic tax credits, the lease binds the lessee to obtain from the National Park Service and/or State Historic Preservation Office a finding of consistency of the federally-subsidized historic rehabilitation project(s) contemplated by the lease with the Secretary of the Interior's Standards for the Treatment of Historic Properties; 3. If required, the lease binds the lessee to obtain a permit from the Bay Conservation and Development Commission for the improvement and maintenance of the 100 foot shoreline bond along Pier 70 in the premises of the lease; 4. If required, the State of California has approved the consistency of the Pier 70 Plan, or portions thereof, with the Burton Act trust and the public trust for navigation, commerce and fisheries; and 5. If required, any applicable environmental regulatory agency has approved a site remediation or site management plan, or the equivalent, for the relevant portion of Pier 70, where the Port or a former owner, occupant, or operator is the primarily responsible party. (Added by Proposition D, 11/4/2008) SEC. B7.320. AGREEMENTS WITH OTHER CITY DEPARTMENTS. (a) The Mayor may submit to the Board of Supervisors for approval a memorandum of understanding or other form of interagency agreement between the Port Commission and another department or departments of the City and County, approved by the Port Commission by resolution, that requires the department(s) to expend funds or to transfer funds to the Port Commission, or requires the Port Commission to transfer funds to the department(s). (b) If the Board of Supervisors approves the interagency agreement by resolution, the City and County shall appropriate funds sufficient to fund the expenditure or transfer until such time as the agreement expires, or is terminated by the Port Commission and other departmental parties, subject to the approval of the Mayor and the Board of Supervisors by resolution. (c) Any modification of the agreement affecting the amount to be expended or transferred shall be approved by the Mayor and the Board of Supervisors by resolution. (Added by Proposition D, 11/4/2008) APPENDIX C: ETHICS PROVISIONS* C3.699-10 Administration and Implementation C3.699-11 Duties C3.699-12 Requests for and Issuance of Options; Advice C3.699-13 Investigations and Enforcement Proceedings C3.699-14 Commission Funding C3.699-15 [Repealed] C3.699-16 Transfer of Position C8.105 [Repealed] C3.699-10 ADMINISTRATION AND IMPLEMENTATION

The Commission shall have responsibility for the impartial and effective administration and implementation of the provisions of this charter, statutes and ordinances concerning campaign finance, lobbying, conflicts of interest and governmental ethics. C3.699-11 DUTIES The ethics commission shall have the following duties and responsibilities: 1. To administer the provisions of the San Francisco Municipal Elections Campaign Contribution Control Ordinance, and Proposition F, adopted by voters at the June 1986 election, which appears as Appendix K to this charter or any successors to these ordinances. 2. To receive documents required to be filed pursuant to, and to otherwise administer, the provisions of the City's lobbyist registration ordinance. 3. To act as the filing officer and to otherwise receive documents in any instance where the clerk of the board of supervisors, the registrar of voters and, with respect to members of the boards and commissions, department heads would otherwise be authorized to do so pursuant to Chapters 4 and 7 of the California Political Reform Act of 1974 (Government Code sections 81000, et seq.), as amended. 4. To audit campaign statements and other relevant documents and investigate alleged violations of state law, this charter and City ordinances relating to campaign finance, governmental ethics and conflicts of interest and to report the findings to the district attorney, City attorney and other appropriate enforcement authorities. Commission investigation of alleged violations of state law shall be conducted only after the commission has provided to the district attorney and City attorney the information set forth in Section 3.699-12 and the district attorney and City attorney notify the commission that no investigation will be pursued. 5. To provide assistance to agencies, public officials and candidates in administering the provisions of this charter and other laws relating to campaign finance, conflicts of interest and governmental ethics. 6. To make recommendations to the mayor and the board of supervisors concerning (a) campaign finance reform, (b) adoption of and revisions to City ordinances laws related to conflict of interest and lobbying laws and governmental ethics and (c) the submission to the voters of charter amendments relating to campaign finance, conflicts of interest and governmental ethics. The commission shall report to the board of supervisors and mayor annually concerning the effectiveness of such laws. The commission shall transmit its first set of recommendations to the board of supervisors and mayor no later than July 1, 1995. 7. To maintain a whistleblower hot line and administer the provisions of the City's improper government activities ordinance. 8. To annually adjust any limitation and disclosure thresholds imposed by City law to reflect any increases or decreases in the Consumer Price Index. Such adjustments shall be rounded off to the nearest hundred dollars for the limitations on contributions. 9. To assist departments in developing and maintaining their conflict of interest codes as required by state law. 10. To advocate understanding of the charter and City ordinances related to campaign finance, conflicts of interest, lobbying, governmental ethics and open meetings and public records, and the roles of elected and other public officials, City institutions and the City electoral process. 11. To have full charge and control of its office, to be responsible for its proper administration, subject to the budgetary and fiscal provisions of the charter. 12. To prescribe forms for reports, statements, notices and other documents required by this charter or by ordinances now in effect or hereafter adopted relating to campaign finance, conflicts of interest, lobbying and governmental ethics. 13. To prepare and publish manuals and instructions setting forth methods of bookkeeping, preservation of records to facilitate compliance with and enforcement of the laws relating to campaign finance, conflicts of interest, lobbying and governmental ethics, and explaining applicable duties of persons and committees. 14. To develop an educational program, including but not limited to the following components: (a) Seminars, when deemed appropriate, to familiarize newly elected and appointed officers and employees, candidates for elective office and their campaign treasurers, and lobbyists with City, state and federal ethics laws and the importance of ethics to the public's confidence in municipal government. (b) Annual seminars for top-level officials, including elected officers and commissioners, to reinforce the importance of compliance with, and to inform them of any changes in, the law relating to conflicts of interest, lobbying, governmental ethics and open meetings and public records. (c) A manual which will include summaries, in simple, non-technical language, of ethics laws and reporting requirements applicable to City officers and employees, instructions for completing required forms, questions and answers regarding common problems and situations, and information regarding sources of assistance in resolving questions. The manual shall be updated when necessary to reflect changes in applicable City, state and federal laws governing the ethical conduct of City employees.

(d) A manual which will include summaries, in simple, non-technical language, of City ordinances related to open meetings and public records, questions and answers regarding common problems and situations, and information regarding sources of assistance in resolving questions. The manual shall be updated when necessary to reflect changes in applicable City ordinances related to open meetings and public records. C3.699-12 REQUESTS FOR AND ISSUANCES OF OPINIONS; ADVICE (a) Any person may request the commission to issue a written opinion with respect to that person's duties under provisions of this charter or any ordinance relating to campaign finance, conflicts of interest, lobbying or governmental ethics. The commission shall, within 21 days, transmit its proposed opinion to the City attorney and district attorney, provided that the commission, or its executive director, can extend this time for good cause. Within ten working days of receipt of the proposed opinion, the City attorney and district attorney shall advise the commission whether they concur in the proposed opinion. If either the City attorney or district attorney do not concur with the proposed opinion, he or she shall inform the commission in writing concerning the basis for disagreement. No person who acts in good faith on an opinion issued by the commission and concurred in by the City attorney and district attorney shall be subject to criminal or civil penalties for so acting, provided that the material facts are as stated in the opinion request. The commission's opinions shall be public records and may from time to time be published. (b) The commission may authorize its staff to issue informal oral advice to any person with respect to that person's duties under provisions of this charter or any ordinance relating to campaign finance, conflicts of interest, lobbying or governmental ethics. Reliance on such oral advice shall not be a defense in any enforcement proceeding. (c) Subject to the civil service provisions of this charter, the commission may employ individuals who have graduated from a state accredited law school for the purpose of assisting the commission prepare opinions and providing advice under this section. These employees shall have no authority to provide advice to or represent the City and County or any of its officers or employees. (d) Nothing in this section shall be construed to prevent City and County officers and employees from seeking advice from the City attorney concerning conflict of interest and governmental ethics laws. C3.699-13 INVESTIGATIONS AND ENFORCEMENT PROCEEDINGS The commission shall conduct investigations in accordance with this subdivision of alleged violations of this charter and City ordinances relating to campaign finance, lobbying, conflicts of interest and governmental ethics. (a) Investigations. If the commission, upon the receipt of a sworn compliant of any person or its own initiative, has reason to believe that a violation of this charter or City ordinances relating to campaign finance, lobbying, conflicts of interest or governmental ethics has occurred, the commission immediately shall forward the complaint or information in its possession regarding the alleged violation to the district attorney and City attorney. Within ten working days, after receipt of the complaint or information, the district attorney and City attorney shall inform the commission in writing regarding whether the district attorney or City attorney has initiated or intends to pursue an investigation of the matter If the commission, upon the sworn complaint or on its own initiative, determines that there is sufficient cause to conduct an investigation, it shall investigate alleged violations of this charter or City ordinances relating to campaign finance, lobbying, conflicts of interest and governmental ethics. A complaint filed with the commission shall be investigated only if it identifies the specific alleged violations which form the basis for the complaint and the commission determines that the complaint contains sufficient facts to warrant an investigation. Within 14 days after receiving notification that neither the district attorney nor City attorney intends to pursue an investigation, the commission shall notify in writing the person who made the complaint of the action, if any, the commission has taken or plans to take on the complaint, together with the reasons for such action or non-action. If no decision has been made within 14 days, the person who made the complaint shall be notified of the reasons for the delay and shall subsequently receive notification as provided above. The investigation shall be conducted in a confidential manner. Records of any investigation shall be considered confidential information to the extent permitted by state law. Any member or employee of the commission or other person who, prior to a determination concerning probable cause, discloses information about any preliminary investigation, except as necessary to conduct the investigation, shall be deemed guilty of official misconduct. The unauthorized release of confidential information shall be sufficient grounds for the termination of the employee or removal of the commissioner responsible for such release.

(b) Findings of Probable Cause. No finding of probable cause to believe that a provision of this charter or City ordinances relating to campaign finance, lobbying, conflicts of interest or governmental ethics has been violated shall be made by the commission unless, at least 21 days prior to the commission's consideration of the alleged violation, the person alleged to have committed the violation is notified of the alleged violation by service of process or registered mail with return receipt requested, is provided with a summary of the evidence, and is informed of his or her right to be present in person and to be represented by counsel at any proceeding of the commission held for the purpose of considering whether probable cause exists for believing the person committed the violation. Notice to the alleged violator shall be deemed made on the date of service, the date the registered mail receipt is signed, or, if the registered mail receipt is not signed, the date returned by the post office. A proceeding held for the purpose of considering probable cause shall be private to the extent permitted by state law unless the alleged violator files with the commission a written request that the proceeding be public. (c) Administrative Orders and Penalties. (i) When the commission determines there is probable cause for believing a provision of this charter or City ordinance has been violated, it may hold a public hearing to determine if such a violation has occurred. When the commission determines on the basis of substantial evidence presented at the hearing that a violation has occurred, it shall issue an order which may require the violator to: (1) Cease and desist the violation; (2) File any reports, statements or other documents or information required by law; and/or (3) Pay a monetary penalty to the general fund of the City of up to five thousand dollars ($5,000) for each violation or three times the amount which the person failed to report properly or unlawfully contributed, expended, gave or received, whichever is greater. Penalties that are assessed but uncollected after 60 days shall be referred to the bureau of delinquent revenues for collection. In addition, with respect to City officers other than those identified in Section 8.107 of this charter, when the commission determines on the basis of substantial evidence presented at the hearing that a violation has occurred, the commission may recommend to the appointing officer that the officer be removed from office. When the commission determines that no violation has occurred, it shall publish a declaration so stating. (d) In addition to any other penalty that may be imposed by law, any person who violates any provision of this charter or of a City ordinance relating to campaign finance, lobbying, conflicts of interest or governmental ethics, or who causes any other person to violate any such provision, or who aids and abets any other person in such violation, shall be liable under the provisions of this section. (Amended November 2001) C3.699-14 COMMISSION FUNDING The ethics commission may impose fees related to the administration and enforcement of ordinances and provisions of this charter related to campaign finance, lobbying, campaign consultants and governmental ethics. The fees shall become effective 30 days after their approval by the commission unless the board of supervisors, by a vote of two-thirds of all of its members, disapproves the fees within this 30 day period. (Amended November 2001) C3.699-15 (Repealed November 2001) C3.699-16 TRANSFER OF POSITION Upon the effective date of this section, the civil service commission immediately shall conduct a study to classify a position and determine the proper salary for the ethics commission employee who will be primarily responsible for administering and enforcing the City's Improper Government Activities Ordinance. Effective July 1, 1994, the mayor and board of supervisors shall transfer from the mayor's office to the ethics commission one position. This transfer will be effected as follows. The mayor and board of supervisors will adopt an ordinance eliminating one position in the mayor's office. The position eliminated shall be the position with the salary that most closely approximates the salary determined by the civil service commission for the employee who will be primarily responsible for administering and enforcing the City's Improper Government Activities Ordinance. At the same time, the mayor and board of supervisors shall adopt an ordinance creating and funding the position of the ethics commission employee who will be primarily responsible for administering and enforcing the City's Improper Government Activities Ordinance. C8.105

(Repealed November 2003) APPENDIX D: BUILDING INSPECTION PROVISIONS*

D3.750 Amendment of Charter Provisions; Transition D3.750-1 Terms of Office of Building Inspection Commission D3.750-2 Director of Building Inspection D3.750-3 Code Publication D3.750-4 Approval of Budgets D3.750-5 ATechnical Boards and Advisory Committees D3.750-6 Severability

D3.750 AMENDMENT OF CHARTER PROVISIONS; TRANSITION The amendments of Section 4.121 and of provisions of this Appendix D, adopted at the June 7, 2022 election, shall become operative on July 1, 2023; provided, however, that the new process for nominating and confirming members to the Building Inspection Commission, along with the change in qualifications for members accompanying that new process, as specified in Section 4.121 as amended, shall commence sufficiently in advance of July 1, 2023 such that members may be appointed under the new process and be prepared to assume office on that date. (Added by Proposition B, Approved 6/7/2022) (Former Sec. D3.750 deleted by Proposition B, Approved 6/7/2022) D3.750-1 TERMS OF OFFICE OF BUILDING INSPECTION COMMISSION The terms of office of all members of the Commission who hold office as of July 1, 2023 shall expire at noon on that date, at which time the terms of office for members of the Commission appointed pursuant to the new process for nominating and confirming members as referenced in Section D3.750 shall commence. In order to stagger the terms, three members (appointees to Seats 3 and 4, as designated by the Mayor when nominated; and the appointee to Seat 7, as designated by the President of the Board of Supervisors when nominated) shall initially serve one-year terms, and four members (appointees to Seats 1 and 2, as designated by the Mayor when nominated; and appointees to Seats 5 and 6, as designated by the President of the Board of Supervisors when nominated) shall initially serve two-year terms. All subsequent terms of office for all members of the Commission shall be two years. (Added by Proposition B, Approved 6/7/2022) (Former Sec. D3.750-1 deleted by Proposition B, Approved 6/7/2022) D3.750-2 DIRECTOR OF BUILDING INSPECTION The Director of Building Inspection shall be the department head and appointing officer of the Department of Building Inspection and shall be qualified by either technical training or administrative experience in the enforcement of building and other construction codes. The Director shall serve as the building official of the City and County. The Director shall not serve as an officer or member of any standing or ad hoc committee of any building industry or code development or enforcement organization or public agency other than the City and County of San Francisco without the prior approval of the Commission.

(Amended by Proposition B, Approved 6/7/2022) D3.750-3 CODE PUBLICATION The Commission shall have the sole authority to contract for the publication of the San Francisco Housing, Building, Mechanical, Electrical, and Plumbing Codes, and any amendments thereto. Other provisions of this Charter and the Administrative Code notwithstanding, the selection of a publisher shall be based on the lowest retail cost to the public of a complete set of these codes. (Redesignated and amended by Proposition B, Approved 6/7/2022) (Former Sec. D3.750-3 deleted by Proposition B, Approved 6/7/2022) D3.750-4 APPROVAL OF BUDGETS The Director shall submit a proposed department budget for each upcoming fiscal year for approval by the Commission. The proposed budget shall be compiled in such detail as shall be required on uniform blanks furnished by the controller. The Commission must hold at least two public hearings on the respective budget proposal. The final budget for the Department of Building Inspection must be approved by a favorable vote of at least five commissioners. (Redesignated and amended by Proposition B, Approved 6/7/2022) (Former Sec. D3.750-4 deleted by Proposition B, Approved 6/7/2022) D3.750-5 TECHNICAL BOARDS AND ADVISORY COMMITTEES The technical boards and advisory committees established in the Building Code by ordinance of the Board of Supervisors shall continue in existence as boards and committees within the Department of Building Inspection. Members of the boards and committees shall be appointed by the commission. Incumbents legally appointed to these respective bodies prior to the commission’s assumption of management of the department shall serve at the pleasure of the commission. (Redesignated by Proposition B, Approved 6/7/2022) (Former Sec. D3.750-5 redesignated as Sec. D3.750-3 by Proposition B, Approved 6/7/2022) D3.750-6 SEVERABILITY If any provision of this section, or its application to any person or circumstance, shall be held invalid or unenforceable, the remainder of this section and its applications shall not be affected; every provision of this section is intended to be severable. The Clerk of the Board of Supervisors is hereby authorized to recodify this amendment as may be necessary. (Redesignated by Proposition B, Approved 6/7/2022) (Former Sec. D3.750-6 redesignated as Sec. D3.750-4 by Proposition B, Approved 6/7/2022) D3.750-7 [REDESIGNATED] (Former Sec. D3.750-7 redesignated as Sec. D3.750-5 by Proposition B, Approved 6/7/2022)

D3.750-8 [REDESIGNATED] (Former Sec. D3.750-8 redesignated as Sec. D3.750-6 by Proposition B, Approved 6/7/2022) APPENDIX E: SUPERVISORIAL DISTRICT BOUNDARIES In accordance with Charter Section 13.110, the eleven supervisorial districts of the City and County of San Francisco* are described in this appendix to the Charter as follows: Supervisorial District 1 shall comprise all of that portion of the City and County commencing at the intersection of John F Kennedy Drive and Crossover Drive (Highway 1), the district boundary proceeds westerly and northwesterly along John F Kennedy Drive to Great Highway; and proceeding northerly along Great Highway to Fulton Street; and proceeding on a straight line extension proceeding southwesterly to the Pacific Ocean; and proceeding along the shoreline of the Pacific Ocean to the westernmost edge of China Beach; and proceeding northeasterly along the shoreline of the Pacific Ocean to Lobos Creek; and proceeding southeasterly and southerly along Lobos Creek to El Camino Del Mar; and proceeding easterly along El Camino Del Mar; and proceeding easterly following the border of the Presidio to West Pacific Avenue; and proceeding easterly along West Pacific Avenue to Arguello Boulevard; and proceeding southerly along Arguello Boulevard to Anza Street; and proceeding easterly along Anza Street to Masonic Avenue; and proceeding southerly along Masonic Avenue to Fulton Street; and proceeding westerly along Fulton Street to Cole Street; and proceeding southerly along Cole Street to Grove Street; and proceeding westerly along Grove Street to Shrader Street; and proceeding southerly along Shrader Street to Hayes Street; and proceeding westerly along Hayes Street to Stanyan Street; and proceeding southerly along Stanyan Street to John F Kennedy Drive; and proceeding westerly along John F Kennedy Drive to Crossover Drive (Highway 1). This district includes Seal Rocks, which are islands west of the shoreline near the intersection of Great Highway and Point Lobos Avenue. It also includes the water areas within the City and County of San Francisco that are to the west and northwest of the District 1 shoreline areas, including the following water area census blocks: in Census Tract 0479.04, Blocks 1000 and 1001; in Census Tract 9802.00, Block 1000. Supervisorial District 2 shall comprise all of that portion of the City and County commencing at the intersection of Masonic Avenue and Fulton Street, the district boundary proceeds easterly along Fulton Street to Broderick Street; and proceeding northerly along Broderick Street to McAllister Street; and proceeding westerly along McAllister Street to Baker Street; and proceeding northerly along Baker Street to Golden Gate Avenue; and proceeding easterly along Golden Gate Avenue to Broderick Street; and proceeding northerly along Broderick Street to O’Farrell Street; and proceeding easterly along O’Farrell Street to Divisadero Street; and proceeding northerly along Divisadero Street to Post Street; and proceeding westerly along Post Street to Presidio Avenue; and proceeding northerly along Presidio Avenue to Sutter Street; and proceeding easterly along Sutter Street to Steiner Street; and proceeding northerly along Steiner Street to Bush Street; and proceeding westerly along Bush Street to Scott Street; and proceeding northerly along Scott Street to Pine Street; and proceeding easterly along Pine Street to Buchanan Street; and proceeding northerly along Buchanan Street to California Street; and proceeding easterly along California Street to Octavia Street; and proceeding southerly along Octavia Street to Pine Street; and proceeding easterly along Pine Street to Gough Street; and proceeding southerly along Gough Street to Bush Street; and proceeding westerly along Bush Street to Octavia Street; and proceeding southerly along Octavia Street to Sutter Street; and proceeding easterly along Sutter Street to Gough Street; and proceeding southerly along Gough Street to Post Street; and proceeding westerly along Post Street to Laguna Street; and proceeding southerly along Laguna Street to Eddy Street; and proceeding easterly along Eddy Street to Gough Street; and proceeding southerly along Gough Street to Golden Gate Avenue; and proceeding easterly along Golden Gate Avenue to Van Ness Avenue; and proceeding northerly along Van Ness Avenue to Chestnut Street; and proceeding easterly along Chestnut Street to Hyde Street; and proceeding northerly along Hyde Street; and proceeding easterly along a straight line to the San Francisco Bay; and proceeding northerly between Hyde Street Pier and Al Scoma Way (Pier 47) following the boundary line of Census Tracts 101.01 and 102.02, and proceeding southerly, easterly, northerly, westerly, and northerly to the city limit of the City of San Francisco; and proceeding westerly following the city limit of the City and County of San Francisco; and proceeding southerly and southeasterly to the shoreline of the Pacific Ocean at the westernmost edge of China Beach; and proceeding northeasterly along the shoreline of the Pacific Ocean to Lobos Creek; and proceeding southeasterly and southerly along Lobos Creek to El Camino Del Mar; and proceeding easterly along El Camino Del Mar; and proceeding easterly following the border of the Presidio to West Pacific Avenue; and proceeding easterly along West Pacific Avenue to Arguello Boulevard; and proceeding southerly along Arguello Boulevard to Anza Street; and proceeding easterly along Anza Street to Masonic Avenue; and proceeding southerly along Masonic Avenue to Fulton Street. This district includes the Golden Gate Bridge and all Piers, Rows and Vessels adjacent to the District 2 shoreline. It also includes the water areas within the City and County of San Francisco that are to the north and northwest of the District 2 shoreline areas, including the following water area census blocks: in Census Tract 0601.00, Blocks 2003, 2002, and 2000; and in C

ue to Fulton Street. This district includes the Golden Gate Bridge and all Piers, Rows and Vessels adjacent to the District 2 shoreline. It also includes the water areas within the City and County of San Francisco that are to the north and northwest of the District 2 shoreline areas, including the following water area census blocks: in Census Tract 0601.00, Blocks 2003, 2002, and 2000; and in Census Tract 0428.00, Block 2005. Supervisorial District 3 shall comprise all of that portion of the City and County commencing at the intersection of Geary Street and Van Ness Avenue; the district boundary proceeds northerly along Van Ness Avenue to Chestnut Street; and proceeding easterly along Chestnut Street to Hyde Street; and proceeding northerly along Hyde Street; and proceeding easterly along an invisible line to the San Francisco Bay; and proceeding northerly between Hyde Street Pier and Al Scoma Way (Pier 47) following the boundary line of Census Tracts 101.01 and 102.02; and proceeding southerly, along the shoreline to the intersection of to the shoreline of the San Francisco Bay

and the straight-line extension of Mission Street; and proceeding southwesterly along Mission Street to Steuart Street; and proceeding northwesterly along Steuart Street to Market Street; and proceeding southwesterly along Market Street to Turk Street; and proceeding westerly along Turk Street to Mason Street; and proceeding northerly along Mason Street to Ellis Street; and proceeding easterly along Ellis Street to Cyril Magnin Street; and proceeding northerly along Cyril Magnin Street to O’Farrell Street; and proceeding westerly along O’Farrell Street to Taylor Street; and proceeding northerly along Taylor Street to Geary Street; and proceeding westerly along Geary Street to Van Ness Avenue. This district includes all Piers, Rows and Vessels adjacent to the District 3 shoreline. It all includes all Ferry Terminal Gates adjacent to the Ferry Building. It also includes the water areas within the City and County of San Francisco to the north and northeast of the District 3 shoreline areas, including the following water area census blocks: in Census Tract 0101.01, Block 1000; and in Census Tract 0105.00, Blocks 1000 and 2000. Supervisorial District 4 shall comprise all of that portion of the City and County commencing at the intersection of Crossover Drive (Highway 1) and John F Kennedy Drive, the district boundary proceeds southerly along Crossover Drive (Highway 1); and proceeding) to 19th Avenue (Highway 1), and proceeding southerly along 19th Avenue (Highway 1) to Buckingham Way; and proceeding northerly, westerly, and southerly along Buckingham Way; and proceeding westerly and southeasterly following the boundary of Rolph Nicol Playground and Lowell High School to Winston Drive; and proceeding westerly along Winston Drive to Lake Merced Boulevard; and proceeding northwesterly and westerly along Lake Merced Boulevard to Skyline Boulevard (Highway 35); and proceeding northerly along Skyline Boulevard (Highway 35)to Sloat Boulevard (Highway 35); and proceeding northwesterly along Sloat Boulevard; and proceeding along a straight-line extension to the Pacific Ocean; and proceeding northerly along the shoreline of the Pacific Ocean to a straight-line extension of Fulton Street; and proceeding easterly along a straight-line extension of Fulton Street to the Great Highway; and proceeding southerly along Great Highway to John F Kennedy Drive; and proceeding southeasterly and northeasterly along John F Kennedy Drive to Crossover Drive (Highway 1). Supervisorial District 4 includes the Farallon Islands. It also includes the water areas within the City and County of San Francisco that are to the west of the District 4 shoreline areas, including the following water area census blocks: in Census Tract 0428.00, Block 0001; in Census Tract 9803.00, Block 1021; 0352.01, Block 2008; and in Census Tract 0354.00, Block 1007; and in Census Tract 9804.01, Block 1000. Supervisorial District 5 shall comprise all of that portion of the City and County commencing at the intersection of Masonic Avenue and Fulton Street, the district boundary proceeds easterly along Fulton Street to Broderick Street; and proceeding northerly along Broderick Street to McAllister Street; and proceeding westerly along McAllister Street to Baker Street; and proceeding northerly along Baker Street to Golden Gate Avenue; and proceeding easterly along Golden Gate Avenue to Broderick Street; and proceeding northerly along Broderick Street to O’Farrell Street; and proceeding easterly along O’Farrell Street to Divisadero Street; and proceeding northerly along Divisadero Street to Post Street; and proceeding westerly along Post Street to Presidio Avenue; and proceeding northerly along Presidio Avenue to Sutter Street; and proceeding easterly along Sutter Street to Steiner Street; and proceeding northerly along Steiner Street to Bush Street; and proceeding westerly along Bush Street to Scott Street; and proceeding northerly along Scott Street to Pine Street; and proceeding easterly along Pine Street to Buchanan Street; and proceeding northerly along Buchanan Street to California Street; and proceeding easterly along California Street to Octavia Street; and proceeding southerly along Octavia Street to Pine Street; and proceeding easterly along Pine Street to Gough Street; and proceeding southerly along Gough Street to Bush Street; and proceeding westerly along Bush Street to Octavia Street; and proceeding southerly along Octavia Street to Sutter Street; and proceeding easterly along Sutter Street to Gough Street; and proceeding southerly along Gough Street to Post Street; and proceeding westerly along Post Street to Laguna Street; and proceeding southerly along Laguna Street to Eddy Street; and proceeding easterly along Eddy Street to Gough Street; and proceeding southerly along Gough Street to Golden Gate Avenue; and proceeding easterly along Golden Gate Avenue to Van Ness Avenue; and proceeding northerly along Van Ness Avenue to Geary Street; and proceeding easterly along Geary Street to Taylor Street; and proceeding southerly along Taylor Street to O’Farrell Street; and proceeding easterly along O’Farrell Street to Cyril Magnin Street; and proceeding southerly along Cyril Magnin Street to Ellis Street; and proceeding westerly along Ellis Street to Mason Street; and proceeding southerly along Mason Street to Turk Street; and proceeding easterly along Turk Street to Market Street; and proceeding southwesterly along Market Street to Hyde Street; and proceeding northwesterly along Hyde Street to Grove Street; and proceeding westerly along Grove Street to Polk Street; and proceeding southerly along Polk Street to Dr. Tom Waddell Place; and proceeding westerly along Dr. Tom Waddell Place to Van Ness Avenue; and proceeding southerly along Van Ness Avenue to Fell Street; and proceeding westerly along Fell Street to Franklin Street; and proceeding southerly along Franklin Street to Lily Street; and proceeding westerly along Lily Street

Grove Street to Polk Street; and proceeding southerly along Polk Street to Dr. Tom Waddell Place; and proceeding westerly along Dr. Tom Waddell Place to Van Ness Avenue; and proceeding southerly along Van Ness Avenue to Fell Street; and proceeding westerly along Fell Street to Franklin Street; and proceeding southerly along Franklin Street to Lily Street; and proceeding westerly along Lily Street to Octavia Boulevard; and proceeding southerly along Octavia Boulevard to Haight Street; and proceeding westerly along Haight Street to Buchanan Street; and proceeding southerly along Buchanan Street to Hermann Street; and proceeding westerly along Hermann Street to Steiner Street; and proceeding northerly along Steiner Street to Waller Street; and proceeding westerly along a straight-line extension of Waller Street to Buena Vista Avenue E; and proceeding northwesterly along Buena Vista Avenue E to Haight Street; and proceeding westerly along Haight Street to Buena Vista Avenue W; and proceeding southeasterly along Buena Vista Avenue W to Waller Street; and proceeding westerly along Waller Street to Masonic Avenue; and proceeding southerly along Masonic Avenue to Frederick Street; and proceeding westerly along Frederick Street to Clayton Street; and proceeding northerly along Clayton Street to Waller Street; and proceeding westerly along Waller Street to Stanyan Street; and proceeding southerly along Stanyan Street to Frederick Street; and proceeding westerly along Frederick Street to Lincoln Way; and proceeding northwesterly along Lincoln Way to Kezar Drive; and proceeding northeasterly and northerly along Kezar Drive to John F Kennedy Drive; and proceeding easterly along John F Kennedy Drive to Stanyan Street; and proceeding northerly along Stanyan Street to Hayes Street; and proceeding easterly along Hayes Street to Shrader Street; and proceeding northerly along Shrader Street to Grove Street; and proceeding easterly along Grove Street to Cole Street; and proceeding northerly along Cole Street to Fulton Street; and proceeding easterly along Fulton Street to Masonic Avenue. Supervisorial District 6 shall comprise all of that portion of the City and County commencing at the intersection of Highway 101 and Market Street, the district boundary proceeds southeasterly along Highway 101 to Valencia Street; and proceeding southerly along Valencia Street to Duboce Avenue; and proceeding easterly along Highway 101 to Harrison Street; then southerly on Harrison Street to

Alameda Street; then easterly on Alameda Street to Treat Avenue; then northeasterly on Treat Avenue to Division Street to Bryant Street; and proceeding northerly along Bryant Street to Division Street; and proceeding easterly along Division Street to Potrero Avenue; and proceeding southerly along Potrero Avenue to 16th Street; and proceeding easterly along 16th Street to Interstate 280; southerly along Interstate 280 to Mariposa Street; and proceeding easterly along Mariposa Street to Terry A Francois Boulevard; and proceeding northeasterly along Terry A Francois Boulevard to 16th Street; and proceeding easterly along a straight-line extension of 16th Street to the San Francisco Bay and proceeding northerly along the shoreline to a straight-line extension of Mission Street; and proceeding southwesterly along Mission Street to Steuart Street; and proceeding northwesterly along Steuart Street to Market Street; and proceeding southwesterly along Market Street to Hyde Street; and proceeding northerly along Hyde Street to Grove Street; and proceeding westerly along Grove Street to Polk Street; and proceeding southerly along Polk Street to Dr. Tom Waddell Place; and proceeding westerly along Dr. Tom Waddell Place to Van Ness Avenue; and proceeding southerly along Van Ness Avenue to Fell Street; and proceeding westerly along Fell Street to Franklin Street; and proceeding southerly along Franklin Street to Lily Street; and proceeding westerly along Lily Street to Octavia Street; and proceeding southerly along Octavia Street to Market Street; and proceeding southeasterly along Market Street to Highway 101. This district includes Alcatraz, Yerba Buena and Treasure Islands, and all Piers, Rows and Vessels adjacent to the District 6 shoreline. It also includes the water areas within the City and County of San Francisco that are in the following water area census blocks: in Census Tract 9902.00, Block 0001; in Census Tract 0179.03, Blocks 2000 and 1032; in Census Tract 0615.07, Blocks 1000 and 2000; in Census Tract 0615.08, Block 1000; in Census Tract 0607.01, Block 3000; Blocks 1000 and 1007; in Census Tract 0607.00, Blocks 1000, 1015, 1016, 1034, 1035, 1043 and 1046; and in Census Tract 0615.00, Blocks 1000, 3000, 3002 and 6000, including areas east of the line that runs from the most southeastern point of Angel Island to the northwest point of Golden Rock (also known as Red Rock), the portion of the Bay Bridge within the boundaries of the City and County of San Francisco, and the westernmost portion of the Alameda Naval Air Station. Supervisorial District 7 shall comprise all of that portion of the City and County commencing at the intersection of John F Kennedy Drive and Highway 1, the district boundary proceeds easterly along John F Kennedy Drive to Kezar Drive; and proceeding southerly and westerly along Kezar Drive to Lincoln Way; and proceeding easterly along Lincoln Way to Arguello Boulevard; and proceeding southerly along Arguello Boulevard to Carl Street; and proceeding easterly along Carl Street to Hillway Avenue; and proceeding southerly along Hillway Avenue to Parnassus Avenue; and proceeding easterly along Parnassus Avenue; and proceeding southerly, northeasterly, easterly, and southerly following the boundaries of the Mt. Sutro Open Space Preserve to Clarendon Avenue; and proceeding easterly along Clarendon Avenue to Twin Peaks Boulevard; and proceeding southerly along Twin Peaks Boulevard to Portola Drive; and proceeding westerly along Portola Drive to O’Shaughnessy Boulevard; and proceeding southeasterly, along O’Shaughnessy Boulevard to Bosworth Street; and proceeding southeasterly along Bosworth Street to Congo Street; and proceeding northwesterly and southerly along Congo Street to Joost Avenue; and proceeding easterly along Joost Avenue to Monterey Boulevard; and proceeding southwesterly along Monterey Boulevard; and proceeding easterly along the Monterey Boulevard Ramp to Interstate 280; and proceeding southwesterly along Interstate 280 to Ocean Avenue; and proceeding westerly along Ocean Avenue to Ashton Avenue; and proceeding southerly along Ashton Avenue to Holloway Avenue; and proceeding westerly along Holloway Avenue to Junipero Serra Boulevard and proceeding southerly along Junipero Serra Boulevard to Brotherhood Way; and proceeding southeasterly along Brotherhood Way to Alemany Boulevard; and proceeding easterly along Alemany Boulevard to Interstate 280; and proceeding southwesterly along Interstate 280 to the city limit of the City and County of San Francisco; and proceeding westerly along the city limit of the City and County of San Francisco to the intersection with the Pacific Ocean; and proceeding northerly along the shoreline to the intersection of the shoreline and a straight-line extension of Sloat Boulevard; and proceeding southeasterly along Sloat Boulevard to Skyline Boulevard (Highway 35); and proceeding southwesterly along Skyline Boulevard (Highway 35)to Lake Merced Boulevard; and proceeding southerly and southeasterly along Lake Merced Boulevard to Winston Drive; and proceeding easterly along Winston Drive; and proceeding northerly and easterly following the boundaries of Lowell High School and Rolph Nicol Playground to Buckingham Way; and proceeding northerly, easterly, and southerly along Buckingham Way; and proceeding easterly to 19th Avenue (Highway 1); and proceeding northerly along 19th Avenue (Highway 1), and proceeding northerly to Crossover Drive (Highway 1) to John F Kennedy Drive. This district includes the water areas within the City and County of San Francisco that are to the west of the District 7 shoreline areas, including the following water area census blocks: in Census Tract 9901.00, Block 0002; and in Census Tract 0604.00, Block 2005. Supervisorial District 8 shall comprise all of that portion of the City and County commencing at the intersection of Market Street and Highway 101, the district boundary proceeds northerly along

y of San Francisco that are to the west of the District 7 shoreline areas, including the following water area census blocks: in Census Tract 9901.00, Block 0002; and in Census Tract 0604.00, Block 2005. Supervisorial District 8 shall comprise all of that portion of the City and County commencing at the intersection of Market Street and Highway 101, the district boundary proceeds northerly along Octavia Boulevard to Haight Street; and proceeding westerly along Haight Street to Buchanan Street; and proceeding southerly along Buchanan Street to Hermann Street; and proceeding westerly along Hermann Street to Steiner Street; and proceeding northerly along Steiner Street to Waller Street; and proceeding westerly along Waller Street to Buena Vista Avenue E; and proceeding northwesterly along Buena Vista Avenue E to Haight Street; and proceeding westerly along Haight Street to Buena Vista Avenue W; and proceeding southeasterly along Buena Vista Avenue W to Waller Street; and proceeding westerly along Waller Street to Masonic Avenue; and proceeding southerly along Masonic Avenue to Frederick Street; and proceeding westerly along Frederick Street to Clayton Street; and proceeding northerly along Clayton Street to Waller Street; and proceeding westerly along Waller Street to Stanyan Street; and proceeding southerly along Stanyan Street to Frederick Street; westerly along Frederick Street to Lincoln Way; and proceeding westerly along Lincoln Way to Arguello Boulevard; and proceeding southerly along Arguello Boulevard to Carl Street; and proceeding easterly along Carl Street to Hillway Avenue; and proceeding southerly along Hillway Avenue to Parnassus Avenue; and proceeding easterly along Parnassus Avenue; and proceeding southerly, northeasterly, easterly, and southerly following the boundaries of the Mt. Sutro Open Space Preserve to Clarendon Avenue; and proceeding easterly along Clarendon Avenue to Twin Peaks Boulevard; and proceeding southerly along Twin Peaks Boulevard to Portola Drive; and proceeding westerly along Portola Drive to O’Shaughnessy Boulevard; and proceeding southeasterly, along O’Shaughnessy Boulevard to Bosworth Street; and proceeding southeasterly along Bosworth Street to Congo Street; and proceeding northwesterly and southerly along Congo Street to Joost Avenue; and proceeding easterly along Joost Avenue to Monterey Boulevard; and proceeding southwesterly along Monterey Boulevard; and proceeding easterly along the Monterey Boulevard Ramp to Interstate 280; and proceeding easterly along Interstate 280 to Mission Street; and proceeding northeasterly along Mission Street to Randall Street; and proceeding westerly on

Randall Street to San Jose Avenue; and proceeding northerly along San Jose Avenue to Guerrero Street; and proceeding northerly along Guerrero Street to Cesar Chavez Street; and proceeding easterly along Cesar Chavez Street to Valencia Street; and proceeding northerly along Valencia Street to 24th Street; and proceeding westerly along 24th Street to Guerrero Street; and proceeding northerly along Guerrero Street to Duboce Avenue; and proceeding easterly along Duboce Avenue to Valencia Street; and proceeding northerly along Valencia Street to Highway 101; and proceeding northerly along Highway 101 to Market Street. Supervisorial District 9 shall comprise all of that portion of the City and County commencing at the intersection of Valencia Street and Highway 101, the district boundary proceeds easterly along Highway101 to Harrison Street; and proceeding southerly along Harrison Street to Alameda Street; and proceeding easterly along Alameda Street to Treat Avenue; and proceeding northeasterly along Treat Avenue to Division Street to Bryant Street; and proceeding northerly along Bryant Street to Division Street; and proceeding easterly along Division Street to Potrero Avenue; and proceeding southerly along Potrero Avenue to 25th Street; and proceeding easterly along 25th Street to San Bruno Avenue; and proceeding southerly along San Bruno Avenue; and proceeding southerly along the boundary line between Census Tracts 229.03 and 614.01; and southerly along the boundary line between Census Tracts 251 and 9809 to Potrero Avenue; and proceeding southeasterly along Potrero Avenue to Bayshore Boulevard, and proceeding southerly to Paul Avenue; and proceeding northwesterly along Paul Avenue to San Bruno Avenue; and proceeding southerly along San Bruno Avenue to Mansell Street; and proceeding westerly along Mansell Street to the second intersection with John F Shelley Drive; and proceeding northwesterly and southeasterly along John F Shelley Drive to Cambridge Street; and proceeding northerly along Cambridge Street to Interstate 280; and proceeding westerly along Interstate 280 to Mission Street; and proceeding northeasterly along Mission Street to Randall Street; and proceeding westerly on Randall Street to San Jose Avenue; and proceeding northerly along San Jose Avenue to Guerrero Street; and proceeding northerly along Guerrero Street to Cesar Chavez Street; and proceeding easterly along Cesar Chavez Street to Valencia Street; and proceeding northerly along Valencia Street to 24th Street; and proceeding westerly along 24th Street to Guerrero Street; and proceeding northerly along Guerrero Street to Duboce Avenue; and proceeding easterly along Duboce Avenue to Valencia Street; and proceeding northerly along Valencia Street to Highway 101. Supervisorial District 10 shall comprise all of that portion of the City and County commencing at the intersection of Potrero Avenue and 16th Street, the district boundary proceeds easterly along 16th Street to Interstate 280; and proceeding southerly along Interstate 280 to Mariposa Street; and proceeding easterly along Mariposa Street to Terry A Francois Boulevard; and proceeding northeasterly along Terry A Francois Boulevard to 16th Street; and proceeding along a straight-line extension of 16th Street to the San Francisco Bay; and proceeding southerly and southeasterly along the shoreline to the city limit of the City of and County San Francisco; and proceeding westerly along the city limit of the City and County of San Francisco to Carter Street; and proceeding northerly along Carter Street to Geneva Avenue; and proceeding northwesterly along Geneva Avenue to Crocker-Amazon Park; and proceeding northerly along the boundaries of Crocker-Amazon Park to La Grande Avenue; and proceeding northerly along La Grande Avenue to Persia Avenue; and proceeding southeasterly and northeasterly along Persia Avenue to Mansell Street; and proceeding northeasterly, southeasterly, and northeasterly along Mansell Street to San Bruno Avenue; and proceeding northerly along San Bruno Avenue to Paul Avenue; and proceeding southeasterly along Paul Avenue to Bayshore Boulevard; and proceeding northerly along Bayshore Boulevard to Potrero Avenue; and proceeding northerly along Potrero Avenue; and proceeding northerly along the boundary line between Census Tracts 251 and 9809; and northerly along the boundary line between Census Tracts 229.03 and 614.01 to San Bruno Avenue; and proceeding northerly along San Bruno Avenue to 25th Street; and proceeding westerly along 25th Street to Potrero Avenue; and proceeding northerly along Potrero Avenue to 16th Street. This district includes all Piers, Rows and Vessels adjacent to the District 10 shoreline. It also includes the water areas within the City and County of San Francisco that are to the east and northeast of the District 10 shoreline areas, including the following water area census blocks: in Census Tract 0226.00, Block 2000; in Census Tract 9809.00, Block 1000; in Census Tract 0231.03, Block 2000; in Census Tract 9806.00, Blocks 1000 and 1025; in Census Tract 0610.00, Block 3005. Supervisorial District 11 shall comprise all of that portion of the City and County commencing at the intersection of Interstate 280 and the city limit of the City and County of San Francisco, the district boundary proceeds easterly along the city limit of the City and County of San Francisco to Carter Street; and proceeding northerly along Carter Street to Geneva Avenue; and proceeding northwesterly along Geneva Avenue to Crocker-Amazon Park; and proceeding northerly along the boundaries of Crocker-Amazon Park to La Grande Avenue; and proceeding northerly along La Grande Avenue to Persia Avenue; and proceeding southeasterly and northeasterly along Persia Avenue to Mansell Street; and proceeding northeasterly along Mansell Street to John F Shelley Drive; and proceeding northwesterly and southeasterly along John F Shelley Drive to Cambridge Street; and

northerly along the boundaries of Crocker-Amazon Park to La Grande Avenue; and proceeding northerly along La Grande Avenue to Persia Avenue; and proceeding southeasterly and northeasterly along Persia Avenue to Mansell Street; and proceeding northeasterly along Mansell Street to John F Shelley Drive; and proceeding northwesterly and southeasterly along John F Shelley Drive to Cambridge Street; and proceeding northerly along Cambridge Street to Interstate 280; and proceeding westerly and southwesterly along Interstate 280 to Ocean Avenue; and proceeding westerly along Ocean Avenue to Ashton Avenue; and proceeding southerly along Ashton Avenue to Holloway Avenue; and proceeding westerly along Holloway Avenue to Junipero Serra Boulevard; and proceeding southerly along Junipero Serra Boulevard to Brotherhood Way; and proceeding southeasterly along Brotherhood Way to Interstate 280; and proceeding southwesterly along Interstate 280 to the city limit of the City and County of San Francisco. Unless specifically designated to the contrary, all references to streets, boulevards, drives, avenues, terraces and ways contained in the foregoing descriptions shall refer to the centerlines of said streets, boulevards, drives, avenues, terraces and ways, respectively. (Appendix updated 6/28/2012; 4/28/2022)

• Editor’s Note: The boundaries of the City and County of San Francisco, set forth in California Government Code sec. 23138, are: Beginning at the southwest corner, being the northwest corner of San Mateo, in the Pacific Ocean, on the extension of northern line of T. 3 S., of Mount Diablo base; thence northerly along the Pacific Coast, to its point of intersection with the westerly extension of the low-water line on the northern side of the entrance to San Francisco Bay, being the southwest corner of Marin and northwest corner of San Francisco; thence easterly, through Point Bonita and Point Cavallo, to the most southeastern point of Angel Island, all on the line of Marin; thence northerly, along the easterly line of Marin, to the northwest point of Golden Rock (also known as Red Rock), being a common corner of Marin, Contra Costa, and San Francisco; thence due southeast four and one-half statute miles to a point established as the corner common to Contra Costa, Alameda, and San Francisco; thence southeasterly, on the western line of Alameda County to a point on the north line of T. 3 S., R. 4 W., M D. B. & M.; thence westerly on the township lines and an extension thereof to the place of beginning. The islands known as the Farralones (Farallons) are a part of said

city and county. APPENDIX F: AUTHORITY AND DUTIES OF CITY SERVICES AUDITOR F1.100. Findings. F1.101. City Services Auditor; Services Audit Unit. F1.102. Street, Sidewalk, and Park Cleaning and Maintenance. F1.103. Management Practices. F1.104. Performance Audits. F1.105. Audit Results. F1.106. Oversight of Contracting Procedures F1.107. Citizens' Complaints; Whistleblowers. F1.108. Customer Service Plans. F1.109. Legislation. F1.110. Access to Records; Preliminary Reports. F1.111. Citizens Audit Review Board. F1.112. Outside Experts. F1.113. Controller's Audit Fund.

F1.100. FINDINGS. (a) City residents rely upon the government of the City and County to deliver many important services affecting the health, vitality and economy of San Francisco. These include services related to the maintenance and cleanliness of streets and parks, health care, emergency services, transportation and public works. Recognizing the difficult economic times the City faces, preservation and enhancement of such services can be achieved only by ensuring that City services are delivered in an efficient, cost- effective manner, and that government waste and unnecessary bureaucracy are curtailed to the greatest extent possible. (b) It is often difficult for individual San Franciscans to judge the effectiveness and efficiency of local government in providing direct services to residents because of the size and complexity of City government. Consistent with the goals of open government, City government should establish tools to enable residents to assess the effectiveness and efficiency of City services; to compare the City's progress in delivering such services to that of other cities, counties and government agencies; and, where appropriate, to adopt "best practices" used in other jurisdictions when consistent with the goals of San Francisco residents. (c) The San Francisco Controller is uniquely situated to provide objective, rigorous measurement of City service levels and effectiveness because the Controller is already charged with assessment of departmental performance and fiscal soundness. In addition, the Controller is appointed to a ten-year term, and therefore is sufficiently independent to render impartial assessments of the City's provision of public services. (d) Therefore, this Charter Amendment: (1) Establishes the Controller as the City Services Auditor, with the authority to conduct independent management and performance audits of departments providing services to San Francisco residents; (2) Instructs the Controller/City Services Auditor to publish comparisons of the performance of San Francisco departments, the services they deliver, and the outcomes they achieve with other public agencies; (3) Requires that the Controller/City Services Auditor perform comprehensive financial and performance audits of selected City departments each year; (4) Mandates that the Controller/City Services Auditor review standards for street and park maintenance in consultation with responsible City departments and perform an annual Clean Streets/Clean Parks audit to track whether these standards are met; (5) Provides the Controller/City Services Auditor the authority to review Citywide standards for government contracting processes and the development of "Requests For Proposals" to ensure that the selection process is fair and unbiased; (6) Prohibits conflicts of interest in the auditing process by preventing companies that have participated in departmental operations from acting as outside auditors, requiring that all employees participating in audits be designated confidential employees for labor- relations purposes, and permitting the Controller to obtain outside independent assistance when in-house employees are subject to potential conflicts of interest;

(7) Requires the Controller/City Services Auditor to administer and publicize a whistleblower hotline and website for citizens and employees to report wrongdoing, waste, inefficient practices and poor performance in City government and service delivery; (8) Authorizes the Citizens' General Obligation Bond Oversight Committee to also function as an independent Citizens Audit Review Board to advise the Controller/City Services Auditor, to recommend departments in need of comprehensive audit, and to review citizen complaints received through the whistleblower program; and (9) Provides a dedicated source of revenue equivalent to two-tenths of one percent of the budget of the City and County of San Francisco. (Added November 2003) F1.101. CITY SERVICES AUDITOR; SERVICES AUDIT UNIT. (a) In addition to the other duties prescribed by this Charter, the Controller shall perform the duties of a City Services Auditor, responsible for monitoring the level and effectiveness of services provided by the government of the City and County of San Francisco to the people of San Francisco. The City Services Auditor shall establish and maintain a Services Audit Unit in the Controller's Office to ensure the financial integrity and improve the overall performance and efficiency of City government. The Services Audit Unit shall review performance and cost benchmarks developed by City departments in consultation with the Controller and based on their departmental efficiency plans under Chapter 88 of the Administrative Code, and conduct comparisons of the cost and performance of San Francisco City government with other cities, counties, and public agencies performing similar functions. In particular, the Services Audit Unit shall assess: (1) Measures of workload addressing the level of service being provided or providing an assessment of need for a service; (2) Measures of efficiency including cost per unit of service provided, cost per unit of output, or the units of service provided per full time equivalent position; and (3) Measures of effectiveness including the quality of service provided, citizen perceptions of quality, and the extent a service meets the needs for which it was created. (b) The service areas for which data is collected and comparisons conducted shall include, but not be limited to: (1) The cleanliness and condition of streets, sidewalks, and the urban environment and landscape; (2) The performance of other public works and government-controlled public utilities, including water and clean water programs; (3) Parks, cultural, and recreational facilities; (4) Transportation, as measured by the standards set out in Charter Section 8A.103, provided, however, that primary responsibility for such assessment shall continue to be exercised by the Municipal Transportation Agency pursuant to Charter Section 8A.100 et seq.; (5) The criminal justice system, including the Police Department, Juvenile and Adult Probation Departments, Sheriff, District Attorney, and Public Defender; (6) Fire and paramedic services; (7) Public health, human services, and services relating to homelessness; (8) City management; and, (9) Human resources functions, including personnel and labor relations. (c) The information obtained using the service measurement standards set forth above shall be compiled on at least an annual basis, and the results of such benchmark studies, as well as comparative data, shall be available on the City’s website. (Added November 2003; amended by Proposition C, Approved 11/8/2022) F1.102. STREET, SIDEWALK, AND PARK CLEANING AND MAINTENANCE. (a) The Services Audit Unit shall conduct annually a performance audit of the City’s street, sidewalk, and public park maintenance and cleaning operations. The annual audit shall:

(1) Include quantifiable, measurable, objective standards for street, sidewalk, and park maintenance, to be developed in cooperation and consultation with the Department of Public Works and the Recreation and Park Department; (2) Based upon such measures, report on the condition of each geographic portion of the City; (3) To the extent that standards are not met, assess the causes of such failure and make recommendations of actions that will enhance the achievement of those standards in the future; (4) Ensure that all bond funds related to streets, parks and open space are spent in strict accordance with the stated purposes and permissible uses of such bonds, as approved by the voters. Outside of the audit process, the City departments charged with cleaning and maintaining streets, sidewalks, and parks shall remain responsible for addressing individual complaints regarding specific sites, although the Controller may receive and investigate such complaints under Section F1.107. (b) In addition, all City agencies engaged in street, sidewalk, or park maintenance shall establish regular maintenance schedules for streets, sidewalks, parks and park facilities, which shall be available to the public and on the department’s website. Each such department shall monitor compliance with these schedules, and shall publish regularly data showing the extent to which the department has met its published schedules. The City Services Audit Unit shall audit each department’s compliance with these requirements annually, and shall furnish recommendations for meaningful ways in which information regarding the timing, amount and kind of services provided may be gathered and furnished to the public. (Added November 2003; amended by Proposition B, Approved 11/3/2020; Proposition B, Approved 11/8/2022) F1.103. MANAGEMENT PRACTICES. The City Services Audit Unit shall: (1) Conduct and publish an annual review of management and employment practices, including City policies and MOU provisions, that either promote or impede the effective and efficient operation of City government; (2) Identify the top five City departments by workers compensation claims, list the cost of these claims, and recommend ways to reduce both workplace injuries and improper claims; (3) Identify the top five departments by overtime expenditures and report on the cause and potential mitigations for any excessive overtime spending; and, (4) Conduct best practices reviews and other studies and assist departments in implementing their findings. (Added November 2003) F1.104. PERFORMANCE AUDITS. The City Services Audit Unit shall conduct periodic, comprehensive financial and performance audits of City departments, services, and activities. Except as provided in Section F1.102, the Controller shall have discretion to select, on a rotating basis, departments, services, and activities for audit, giving priority to matters affecting direct services to the residents of the City and County of San Francisco. In selecting audit subjects, the Controller shall give preference to requests for performance audits made by the Audit Review Board, the Mayor, the Board of Supervisors, department heads, and commissions; provided, however, that absent extraordinary circumstances, no department, activity, or service shall be subject to repeated audits in two successive years. (Added November 2003) F1.105. AUDIT RESULTS. (a) Before making public any portion of any draft, notes, preliminary or final report relating to the operations or activities of a City officer or agency, the Controller shall deliver a copy of the draft report to any such officer, and to the head of any agency discussed in such report and provide the officer and agency, in writing, with a reasonable deadline for their review and response. The Controller shall include in any report, or portion thereof that is made public, a copy or summary of all such officer and agency responses. In addition, the audit shall include an analysis of the anticipated costs and/or savings of any recommendations contained in the report. (b) The Controller shall publish the results of all final performance audits and a summary of agency responses, shall deliver copies of

such audits to relevant department heads, Audit Review Board, Mayor, City Attorney, Board of Supervisors, San Francisco Civil Grand Jury, and San Francisco Public Library, and shall make the audits available on the City's website. Each department subject to recommendations by the Controller shall include with its next two annual budget requests following such audit a report on the status of the Controller's recommendations. In particular, the report shall include: (1) the Controller's final audit recommendations; (2) a plan to address the Controller's findings and to implement the Controller's recommendations; (3) any costs or savings reflected in the proposed budget attributable to implementation of Controller recommendations; and (4) a statement of the recommendations that the department does not intend to implement and the basis of the department head's determination not to adopt the Controller's recommendation. (c) To avoid conflicts of interest, all employees engaged in preparation of audits shall be designated as confidential employees. If the Controller determines that any member of the regular audit staff is unable to participate in an audit due to a potential conflict of interest, or as a result of the employee's collective bargaining representation, the Controller shall have the option of assigning other employees regardless of civil service job description, hiring outside experts, or contracting for such services with an outside individual or agency. (Added November 2003) F1.106. OVERSIGHT OF CONTRACTING PROCEDURES. The Controller shall have the duty to perform regular oversight of the City’s contracting procedures, including developing model criteria and terms for City Requests for Proposals (RFPs), and auditing compliance with City contracting rules and procedures. Where appropriate, the Inspector General shall investigate cases of alleged abuse or conflict of interest. Should the Inspector General find that there has been an abuse or conflict of interest, the Inspector General shall refer that finding to the Ethics Commission, the District Attorney, and the City Attorney for possible enforcement action. Nothing in this Section F1.106 shall be construed to alter the existing jurisdiction of City departments and agencies with respect to contracting. (Added November 2003; amended by Proposition C, Approved 11/5/2024) F1.107. CITIZENS' COMPLAINTS; WHISTLEBLOWERS. (a) The Controller shall have the authority to receive individual complaints concerning the quality and delivery of government services; wasteful and inefficient City government practices; misuse of City government funds; and improper activities by City government officers and employees, by persons or entities that have or are seeking a contract, grant, lease, loan, or other agreement with the City and County, and their employees or officers; by applicants for or recipients of permits, licenses, land use entitlements, tax incentives, benefits, or services from the City and County, and their employees or officers; or by registered City lobbyists. When appropriate, the Controller shall investigate and otherwise attempt to resolve such individual complaints except for those which: (1) another City agency is required by federal, state, or local law to adjudicate, (2) may be resolved through a grievance mechanism established by collective bargaining agreement or contract, or (3) are subject to an existing, ongoing investigation by the District Attorney, the City Attorney, or the Ethics Commission, where either official or the Commission states in writing that investigation by the Controller would substantially impede or delay their own investigation of the matter. If the Controller receives a complaint described in items (1), (2), or (3) of this subsection (a), the Controller shall advise the complainant of the appropriate procedure for the resolution of such complaint. (b) If the Controller receives a complaint alleging conduct that may constitute a violation of criminal law or a governmental ethics law, the Inspector General shall review the complaint and decide whether to initiate an investigation. Thereafter, the Inspector General shall promptly refer complaints regarding criminal conduct to the District Attorney or other appropriate law enforcement agency and shall refer complaints regarding violations of governmental ethics laws to the Ethics Commission and the City Attorney. After referring a complaint to the District Attorney, Ethics Commission, or City Attorney, the Inspector General may investigate the matter in coordination with the department receiving the complaint. The Inspector General may decline to refer a complaint to the District Attorney, Ethics Commission, or City Attorney if the complaint relates to the conduct of that agency. In that circumstance, the Inspector General may refer the complaint to another City, State, or federal agency with jurisdiction over the matter. Nothing in this Section F1.107 shall preclude the Controller from investigating whether any alleged criminal conduct also violates any civil or administrative law, statute, ordinance, or regulation. (c) Notwithstanding any provision of this Charter, including, but not limited to Section C3.699-11, or any ordinance or regulation of the City and County of San Francisco, the Controller shall administer a whistleblower and citizen complaint hotline telephone number

and website and publicize the hotline and website through press releases, public advertising, and communications to City employees. The Controller shall receive and track calls and emails related to complaints about the quality and delivery of government services, wasteful and inefficient City government practices, misuse of government funds and improper activities by City government officials, employees and contractors and shall route these complaints to the appropriate agency subject to subsection (a) of this Section F1.107. The Board of Supervisors shall enact and maintain an ordinance protecting the confidentiality of whistleblowers, and protecting City officers and employees from retaliation for filing a complaint with, or providing information to, the Controller, Ethics Commission, District Attorney, City Attorney or a City department or commission about improper government activity by City officers and employees. The City may incorporate all whistleblower functions set forth in this Charter or by ordinances into a unified City call center, switchboard, or information number at a later time, provided the supervision of the whistleblower function remains with the Controller and its responsibilities and function continue unabridged. (Added November 2003; amended by Proposition C, Approved 11/5/2024) F1.108. CUSTOMER SERVICE PLANS. The Controller shall assess the progress of City departments' compliance with Charter Section 16.120 and any implementing ordinances requiring City departments to prepare effective customer service plans. The Controller shall make recommendations to departments to improve the effectiveness of such plans. The Controller shall report to the Board of Supervisors and Mayor the failure of any department to comply substantially with the Controller's recommendations regarding customer service plans. (Added November 2003) F1.109. LEGISLATION. The Controller may propose legislation to the Board of Supervisors and the Mayor to improve City programs and services and to make the delivery of such programs and services more efficient. (Added November 2003) F1.110. ACCESS TO RECORDS; PRELIMINARY REPORTS. (a) The Controller shall have timely access to all records and documents the Controller deems necessary to complete the inquiries and reviews required by this Appendix F. If a City officer, employee, agency, department, or commission does not comply with the Controller’s request for such records and documents, the Controller may issue a subpoena consistent with the Controller’s authority under Section 3.105(b). The provisions of this Section F1.110 shall not apply to those records and documents of City agencies for which a claim of privilege has been properly and appropriately raised, or which are prepared or maintained by the City Attorney, the District Attorney, or the Ethics Commission for use in any investigation authorized by federal, state, or local law. (b) Notwithstanding any other provision of this Charter, or any ordinance or regulation of the City and County, and except to the extent required by state or federal law, all drafts, notes, preliminary reports of Controller’s benchmark studies, audits, investigations, and other reports shall be confidential. (Added November 2003; amended by Proposition C, Approved 11/5/2024) F1.111. CITIZENS AUDIT REVIEW BOARD. In addition to its duties under Article V of Chapter 5 of the Administrative Code, the Citizens' General Obligation Bond Oversight Committee shall serve as a Citizens Audit Review Board. In its role as the Review Board, the Oversight Committee shall provide advisory input to the Controller on matters pertaining to the functions set forth in this Appendix, and, in particular, shall: (1) Review the Controller's service standards and benchmarks to ensure their accuracy and usefulness;

(2) Review all audits to ensure that they meet the requirements set forth above; (3) Subject to appropriate rules ensuring the confidentiality of complainants, as well as the confidentiality of complaints referred to and handled by the District Attorney, the City Attorney, and the Ethics Commission, review citizen and employee complaints received through the whistleblower/complaint hotline and website and the Controller's disposition of those complaints; and (4) Where it deems appropriate, hold public hearings regarding the results of benchmark studies and audits to encourage the adoption of "best practices" consistent with the conclusions of the studies and audits. An audio or video recording of such hearings shall be made available for public inspection free of charge. (Added November 2003) F1.112. OUTSIDE EXPERTS. (a) Notwithstanding any other provision of this Charter or any ordinance or regulation of the City and County of San Francisco, the Controller shall be authorized to contract with outside, independent experts to assist in performing the requirements of this Appendix. In doing so, the Controller shall make good faith efforts as defined in Chapter 12D of the Administrative Code to comply with the provisions of Chapters 12 et seq. of the Administrative Code, but shall not be subject to the approval processes of other City agencies. The Controller shall submit an annual report to the Board of Supervisors summarizing any contracts issued pursuant to this Section and discussing the Controller's compliance with Chapters 12 et seq. Contracts issued by the Controller pursuant to this Section shall be subject, where applicable, to the requirements of Section 9.118. (b) No outside expert or firm shall be eligible to participate or assist in an audit or investigation of any issue, matter, or question as to which that expert or firm has previously rendered compensated advice or services to any individual, corporation or City department other than the Controller. The Controller shall adopt appropriate written regulations implementing this provision, and shall incorporate this requirement in all written contracts with outside experts and firms utilized pursuant to this Section. (Added November 2003) F1.113. CONTROLLER'S AUDIT FUND. Notwithstanding any other provision of this Charter, the Mayor and Board of Supervisors shall be required to budget an amount equal to at least two-tenths of one percent (0.2%) of the City’s overall budget, apportioned by fund and excluding bond related debt, to implement this Appendix F and to support the staffing and operations of the Inspector General. This amount shall be referred to as the Controller’s Audit Fund, and shall be used exclusively to implement the duties and requirements of this Appendix F and to support the staffing and operations of the Inspector General, and shall not be used to displace funding for the non-audit related functions of the Controller’s Office existing prior to November 4, 2003. If the funds are not expended or encumbered by the end of the fiscal year, the balance in the fund shall revert to the General Fund or the enterprise funds where it originated. (Added November 2003; amended by Proposition C, Approved 11/5/2024) F1.114. [REPEALED.] (Added November 2003; repealed by Proposition C, Approved 11/5/2024)