Chapter 3.16
San Jose Zoning Code · 2026-06 edition · ingested 2026-07-07 · San Jose
RETIREMENT SYSTEM PRIOR TO OCTOBER 1, 1946
Sections:
3.16.010 Persons eligible.
3.16.020 City manager powers.
3.16.030 Physical examination required.
3.16.040 Physical disability as condition of retirement.
3.16.100 Effect of termination of position. ¶
3.16.010 Persons eligible. ¶
Any officer or employee of the city other than the city manager, city councilmen and members of the police and fire departments, may be retired in accordance with the provisions of this chapter. (Prior code § 2902.)
3.16.020 City manager powers. ¶
The city manager is empowered to ascertain what officers or employees of the city subject to the terms of this chapter, should be retired under its provisions.
(Prior code § 2902.1.)
3.16.030 Physical examination required. ¶
Before such determination shall be made, the city manager shall cause the officer or employee in question to be examined by such physician or physicians as he may appoint for that purpose. (Prior code § 2902.2.)
3.16.040 Physical disability as condition of retirement. ¶
No officer or employee shall be retired unless the examining physician or physicians shall find that he is unable, by reason of physical disabilities, to continue his duties as such officer or employee, or that his physical condition is such as to render his continued service hazardous to himself or others. (Prior code § 2902.3.)
3.16.050 Pension age.
3.16.060 Amount of pension - Computation.
3.16.070 Amount of pension - After June 1, 1943.
3.16.080 Certificate of monthly amounts payable.
3.16.090 Retirement allowance - Payment stopped when.
*Charter reference— For Charter provisions on retirement system, see Charter, Art. XV.
3.16.050 Pension age. ¶
No officer or employee shall be pensioned under the provisions of this chapter unless he has attained the age of fifty-five years. (Prior code § 2902.4.)
3.16.060 Amount of pension - Computation. ¶
Any officer or employee pensioned under the provisions of this chapter who has been for twenty years, in the aggregate, in fulltime service of the city
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PERSONNEL
or any municipality heretofore or hereafter consolidated with the city, either as an officer or employee of said city, shall be paid a monthly retirement allowance equal to one-quarter of the monthly salary paid for the same position during the same month during which the pension is paid; provided, further, that there may be pensioned under the provisions of this chapter any officer or employee, otherwise eligible, who has not been in the aggregate in the full-time service of the city for a period of twenty years, who may be paid a monthly retirement allowance which shall bear the same percentage of his computed allowance as his length of service with the city bears to twenty years. (Prior code § 2902.5.)
3.16.070 Amount of pension - After June 1, 1943. ¶
On and after June 1, 1943, and regardless of any other provisions of this chapter, the provisions of which were adopted by Ordinance 2922, adopted June 21, 1943, no officer or employee, heretofore or hereafter pensioned under such ordinance shall receive less than one-quarter of the top salary for Class B labor paid during the same month for which the pension is paid. (Prior code § 2902.8.)
3.16.080 Certificate of monthly amounts payable. ¶
The secretary of the civil service commission shall from time to time, as occasion requires, furnish the city auditor with a certificate showing the monthly amounts payable under this chapter due to changes in salary rates or titles of positions of officers or employees now holding the respective positions of persons retired under the provisions of this chapter, thus showing the equivalent titles of positions and salaries upon which retirement payments are to be based hereunder. (Prior code § 2902.10.)
3.16.090 Retirement allowance - Payment stopped when. ¶
A. Any retirement allowance shall cease when the person retired dies, commits a felony, becomes dissipated, or becomes an habitual drunkard.
B. No officer or employee shall be paid any retirement allowance pursuant to the provisions of this chapter for any period of time during which he receives any workmen's compensation payment from the city, nor during any period during which he resides outside the city.
(Prior code §§ 2902.6, 2902.7.)
3.16.100 Effect of termination of position. ¶
In the event that a given position ceases to exist, and an officer or employee who formerly held such position has been retired under the provisions of this chapter, the city manager shall determine and certify to the clerk of the civil service commission the amount that said salary would be, using as a basis for his determination the salary last paid to such officer or employee, and the upward or downward changes in the salaries paid to officers or employees of the city doing work of equivalent importance.
(Prior code § 2902.11.)
3.16.110 Provisions not to be used after October 1, 1946. ¶
No officer or employee shall be pensioned under the provisions of this chapter on or after October 1, 1946.
(Prior code § 2902.9.)