Part 17

• A. If such member's latest service retirement occurs before such member renders at least one year of city service for which he is entitled to credit under this system following his preceding reinstatement

DISABILITY RETIREMENT GENERALLY

Sections:

• 3.24.1720 Retirement for disability before attaining age sixty.

• 3.24.1730 Disability retirement pension - Amount.

• 3.24.1740 Disability retirement pension - Reduction required when.

• 3.24.1750 Disability retirement pension - Maximum amount.

On and after the effective date of this section, the provisions of this Part 17 shall no longer apply to any person to whom the provisions of Part 18 of Chapter 3.24 thereafter apply. (Prior code § 2904.140z1.)

If a member is retired for disability after he has attained age sixty, he shall receive a disability retirement allowance equal to what would be his service retirement allowance if such were calculated under, in accordance with and pursuant to the provisions of Part 15 of Chapter 3.24. (Prior code § 2904.141.)

If a member is retired for disability before he attains age sixty, he shall receive a disability retirement allowance which shall consist of:

• A. An annuity which is the actuarial equivalent of his accumulated contributions at the time of his retirement; and

• B. A "disability retirement pension" derived from the contributions of the city.

(Prior code § 2904.142.)

The disability retirement pension shall be such an amount as with that portion of his annuity provided by his accumulated normal contributions

plus his accumulated prior service contributions, will make his disability retirement allowance equal:

• A. Ninety percent of one-sixtieth of his final compensation multiplied by the number of years of service credited to him; or

• B. If the disability retirement allowance computed under subsection A. of this section does not exceed one-fourth of his final compensation, ninety percent of onesixtieth of his final compensation multiplied by the number of years of service which would be creditable to him were his service to continue until attainment by him of age sixty, but in such case the retirement allowance shall not exceed onefourth of such final compensation.

• (Prior code § 2904.143.)

• A. If, prior to attaining age fifty-five, a recipient of a disability retirement allowance engages in a gainful occupation not in the city service, the board shall reduce his monthly disability retirement pension to an amount which when added to the compensation earned monthly by him, shall not exceed the amount of the maximum compensation earnable by a person holding the position which he held at the time of his retirement, or, if that position has been abolished, the maximum compensation earnable by a person holding it immediately prior to its abolition.

• B. If his earnings are further altered, the board may further alter his disability retirement pension to the lower of the following amounts:

  1. The amount of the disability retirement pension upon which he was originally retired;

  2. An amount which, when added to the compensation earned by him, shall equal the amount of the maximum compensation earnable by a person holding the position which he held at the time of his retirement, or, if that position has been

T3:94

PERSONNEL

• C. When he reaches age fifty-five, his retirement allowance shall be made equal to the amount at which it would be in the absence of a reduction under this section.

(Prior code § 2904.145.)

In no event shall the disability retirement pension under Sections 3.24.1720 and 3.24.1730 be more than sufficient to make the disability retirement allowance, exclusive of any annuity provided by accumulated additional contributions, exceed the service retirement allowance, exclusive of any annuity purchased by accumulated additional contributions which would be receivable by a member if he were to retire for service at age sixty and his service retirement allowance were computed pursuant to and in accordance with the provisions of Part 15 of Chapter 3.24.

(Prior code § 2904.144.)

Part 18

DISABILITY RETIREMENT FOR CERTAIN MEMBERS ON AND AFTER EFFECTIVE DATE

Sections:

• 3.24.1810 Applicability of Part 17 to disability retirement allowance to members entitled to benefits pursuant to Part 18.

• 3.24.1820 Disability retirement allowance - For persons retiring after age fifty-five.

• 3.24.1830 Disability retirement allowance - For persons retiring before age fifty-five.

• A. The provisions of this Part 18 shall govern and be applicable only on and after the effective date of this part, and shall then apply only to the following members of the retirement system, and to disability retirement benefits payable to them after the effective date of this part, as follows:

  1. All persons who became or become members of this retirement system on or after the effective date of Part 16 of this chapter, excepting persons who on said effective date of said Part 16 were on service retirement or disability retirement under this retirement system who were or could subsequently be reinstated from such retirement;

  2. Each person who became a member of the retirement system prior to the effective date of said Part 16 if he was a member of such system on said effective date and if, in addition, he was given the option specified in Section 3.24.1560 of Part 16 and exercised said option in the manner and within the time specified in Section 3.24.1570 of Part 16.

• B. Any person who became a member of the retirement system prior to the effective date of said Part 16 shall not be governed by the provisions of this Part 18, and shall not be entitled to any of the benefits provided for or specified in this part, if he was not a member of the retirement system on the effective date of said Part 16, or if he was not given the option hereinafter specified in said Section 3.24.1560, or if he was given such option but refused or failed to exercise such option in the manner and within the time specified in Section 3.24.1570; but any such person shall continue to be governed by the provisions of Part 17 of this Chapter 3.24.

T3:95

SAN JOSÉ CODE

§ 3.24.1800

• C. Persons who, under and by virtue of the preceding provisions of this section are to be governed by the provisions of this Part 18 shall be entitled to such rights and benefits as are provided for in this Part 18, subject to the conditions, limitations, restrictions and requirements mentioned or referred to in this Part 18 or elsewhere in this Chapter 3.24, in lieu of being governed by the provisions of Part 17 and in lieu of being entitled to any of the rights or benefits provided for in Part 17.

• (Prior code § 2904.145h.)

Notwithstanding the provisions of Part 18, the disability retirement allowance calculated in accordance with the provisions of this Part 18 shall not be less than the disability retirement allowance calculated in accordance with Part 17 of this chapter.

(Prior code § 2904.145n.)

Subject to other provisions of this Part 18, if a member is retired for disability after he has attained the age of fifty-five years, he shall receive a disability retirement allowance equal to what would be his service retirement allowance if such were calculated under, in accordance with and pursuant to the provisions of Part 16 of Chapter 3.24. (Prior code § 2904.146i.)

Subject to other provisions of this Part 18, if a member retired for disability before he attains the age of fifty-five years, he shall receive a disability retirement allowance which shall consist of:

• A. An annuity which is the actuarial equivalent of his accumulated contributions at the time of his retirement for disability; and

• B. A disability retirement pension derived from contributions of the city.

• (Prior code § 2904.145j.)

The disability retirement pension referred to in subsection B. of Section 3.24.1830 shall be in such an amount of money as, with that portion of the annuity provided by the member's accumulated normal contributions plus his accumulated prior service contributions, will make his disability retirement allowance equal:

• A. Ninety percent of one-fiftieth of his final compensation multiplied by the number of years of service credited to him; or

• B. If the disability retirement allowance computed pursuant to the foregoing provisions of this Part 18 does not exceed one-fourth of his final compensation, ninety percent of one-fiftieth of his final compensation multiplied by the number of years of service which would be credited to him were his service to continue until attainment by him of the age of fifty-five years, but in such case the disability retirement allowance shall not exceed one-fourth of such final compensation.

(Prior code § 2904.145k.)

In no event shall the disability retirement allowance payable to a member under the provisions of this part, exclusive of any annuity provided by accumulated additional contributions, exceed the service retirement allowance, exclusive of any annuity purchased by accumulated additional contributions, to which such member would be entitled if at the time he retired for disability he were fifty-five years of age and were retired for service in lieu of being retired for disability, and if, in addition, his service retirement allowance were computed and determined pursuant to and in accordance with the provisions of Part 16 of this chapter. (Prior code § 2904.1451.)

T3:96

PERSONNEL

• A. If, prior to attaining age fifty-five, a recipient of a disability retirement allowance engages in a gainful occupation not in the city service, the board shall reduce his monthly disability retirement allowance to an amount which, when added to the compensation earned monthly by him shall not exceed the amount of the maximum compensation earnable by a person holding the position which he held at the time of his retirement, or, if that position has been abolished, the maximum compensation earnable by a person holding it immediately prior to its abolition.

• B. If his earnings are further altered, the board may further alter his disability retirement allowance to the lower of the following amounts:

  1. The amount of the disability retirement allowance upon which he was originally retired.

  2. An amount which, when added to the compensation earned by him, shall equal the amount of the maximum compensation earnable by a person holding the position which he held at the time of his retirement, or, if that position has been abolished, the maximum compensation earnable by a person holding it immediately prior to its abolition.

• C. When he reaches age fifty-five, his disability retirement allowance shall be made equal to the amount at which it would be in the absence of a reduction under this section.

• (Prior code § 2904.145m.)