Part 3 — EMPLOYEE STATUS AND CONTRIBUTIONS

Sections:

• 3.24.250 Employee status change - Secretary to notify board.

• 3.24.260 Employees to furnish data.

• 3.24.270 Determination of status questions.

• 3.24.280 Adjustment of contributions and payments.

The secretary shall give the board as it may require notice of the change in status of any member, resulting from transfer, promotion, leave of absence, resignation, reinstatement, dismissal or death, and other pertinent information. (Prior code § 2904.49.)

Each employee shall file with the board such information affecting his status as a member as the board may require. (Prior code § 2904.50.)

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§ 3.24.340

If there is disagreement between any member and the board with respect to the length of service, compensation or age of any member, or if any member refuses or fails to give the board a statement of his city service, compensation or age, the board shall hold a hearing, and upon the basis of available testimony and available records, determine such length of service, compensation or age. (Prior code § 2904.51.)

If more or less than the correct amount of contribution required of members of the city is paid, proper adjustment shall be made in connection with subsequent payments, or such adjustments may be made by direct cash payments between the member or the city and the board. Adjustments to correct any other errors in payments to or by the board may be made in the same manner.

(Prior code § 2904.52.)

Part 4

RETIREMENT FUND

Sections:

• 3.24.300 Continuation of federated employees' retirement fund.

• 3.24.310 Control and administration.

• 3.24.320 Custodian of retirement fund - Payment.

• 3.24.330 Deposit of funds.

• 3.24.340 Earnings from funds.

• 3.24.350 Investment of funds - Conditions and restrictions.

• 3.24.355 Security loan agreements.

• 3.24.360 Investment of funds - Delegation of authority.

• 3.24.370 Investment counseling - Restrictions.

The "San José federated employees' retirement fund," in the city treasury is continued in existence. (Prior code § 2904.53.)

The board has exclusive control of the administration and investment of the retirement fund. (Prior code § 2904.54.)

• A. Except as provided in subsection B., the city director of finance is the sole custodian of the retirement fund, subject to the exclusive control of the board as to administration and investment. All payments from the fund shall be made in the manner required for the disbursement of other public funds, but only upon authorization of the board.

• B. The board may enter into contractual arrangements with California banks or with national banking associations to provide master custody services with respect to the assets of the retirement fund. Such contracts shall be entered into in the name of the board of administration for the federated city employees retirement system.

(Prior code § 2904.55; Ord. 25092.)

The board shall deposit, to the credit of the retirement fund, all amounts received by it under this chapter in the city treasury or in such custodial accounts as are established with the custodian bank. (Prior code § 2904.57; Ord. 25092.)

Interest earned on any cash deposit in a fund by the treasurer and income on other assets constituting a part of the fund shall be credited to the

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§ 3.24.340

fund as received. Income of whatever nature earned on the retirement fund during any fiscal year in excess of the interest credited to contributions during that year shall be retained in the fund as a reserve against deficiencies in interest earned in other years, losses under investments, and other contingencies. The board, however, may apply to reduce the book value of securities purchased, or all or part of the excess of the proceeds of the sale of securities over the book value of the securities sold:

• A. If the purchase of securities is made with those proceeds; and

• B. If the terms of both securities from the date of sale or purchase, as the case may be, to the respective dates of maturity do not differ by more than three years.

• (Prior code § 2904.56.)

The board shall invest and reinvest the moneys in the retirement fund in accordance with the following standards:

• A. The assets of the retirement plan are trust funds and shall be held for the exclusive purposes of providing benefits to members of the plan and their beneficiaries and defraying reasonable expenses of administering the system.

• B. The board shall discharge its duties with respect to the system solely in the interest of, and for the exclusive purposes of providing benefits to, members of the system and their beneficiaries, minimizing city and member contributions to the retirement fund, and defraying reasonable expenses of administering the system. The board's duty to the members and their beneficiaries shall take precedence over any other duty.

• C. The board shall discharge its duties with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like

capacity and familiar with these matters would use in the conduct of an enterprise of like character and with like aims.

• D. The board shall diversify the investments of the system so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so.

(Prior code § 2904.58; Ords. 19988, 21144, 21606, 22509, 23559, 25092.)

• A. The retirement board may enter into contractual arrangements with broker-dealers and with banks for such broker-dealers or banks to provide security lending services pursuant to security loan agreements on such conditions, consistent with this section, as the board may determine.

• B. For the purposes of this section, "security loan agreement" and "marketable securities" shall be defined as follows:

  1. "Security loan agreement" means a written contract whereby a legal owner, the lender, agrees to lend specific marketable corporate or government securities for a period not to exceed one year. The lender retains the right to collect from the borrower all dividends, interest, premiums, rights, and any other distributions to which the lender would otherwise have been entitled. The lender waives the right to vote the securities during the term of the loan.

  2. "Marketable securities" means securities that are freely traded on recognized exchanges or market places.

• C. Any contractual arrangements entered into pursuant to this section shall require all of the following:

  1. The lender may terminate the security loan agreement upon not more than five business days' notice as agreed and the

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borrower may terminate the security loan agreement upon not less than two business days' notice as agreed.

2. The borrower shall provide collateral to the lender in a form approved by the board, and shall be in an amount equal to at least one hundred two percent of the market value of the loaned securities as agreed.

3. Daily monitoring of the market value of the loaned securities.

4. Payment by the borrower of additional collateral on a daily basis, or at such times as the value of the loaned securities increases, to agreed-upon ratios, but in no event shall the amount of the collateral be less than the market value of the loaned securities.

5. Maintenance of detailed records of all security loans.

6. Development of controls and reports to monitor the conduct of the transactions.

7. Publication of the net results of the security loan transactions separate from the results of other investment activities.

• (Ords. 21865, 24690.)

Without limiting the authority of the board itself to invest and reinvest the moneys of the retirement fund as provided in Section 3.24.350, the board may adopt an investment resolution or resolutions containing detailed guidelines, consistent with Section 3.24.350. While the resolution or resolutions are in effect, investments consistent with such guidelines may be made by an officer of the board, an officer or employee of the city, or a qualified investment advisor who has entered into a contractual arrangement pursuant to Section 3.24.370, provided that such officer, employee or advisor has been delegated such authority by the board and such officer, employee or advisor has been designated by name in the investment resolution or resolutions. Any transactions made pursu-

ant to the foregoing provisions of this section shall be reported monthly to the board by the person or persons to whom the board has delegated such authority.

(Prior code § 2904.59; Ords. 20116, 21077, 21304, 23559, 25092.)

• A. The board may enter into contractual arrangements with any person or persons or association or associations, who meet the requirements of subsection B. or C., to provide counsel to the board with respect to the board's policies of investing and reinvesting of moneys in the retirement fund. Such contracts shall be entered into in the name of the board of administration for the federated city employees retirement system.

• B. Any person or association who provides services to the board with regard to financial securities:

  1. Shall be a person or association whose principal business consists of investment counseling services; and

  2. Shall be registered as an investment adviser under such laws as may require such registration.

• C. With respect to real estate advisors, the board shall enter into contractual arrangements only with persons or associations whose principal officers are engaged in the business of advising and evaluating commercial, industrial or residential real estate investments, mortgage banking, or property management, and which are duly licensed to perform real estate advisor services in the jurisdiction where the real property is located.

(Prior code § 2904.60a; Ords. 25092, 25641.)

Notwithstanding any provision in this chapter or any other ordinance to the contrary, whenever any check drawn against the retirement fund in payment of accumulated contributions or benefits remains unclaimed, or the claimant cannot be found,

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the proceeds of such check shall be redeposited in the retirement fund and held for the claimant without further accumulation of interest, and such redeposit shall not operate to reinstate the membership of the claimant in this system. If such proceeds, whether heretofore or hereafter redeposited, are not claimed within four years after the date of redeposit, they shall revert to and become a part of the accumulated contributions of the city, held in the retirement fund to meet the liabilities of the city on account of current services. The board may at any time after reversion of proceeds to the city, and upon receipt of proper information satisfactory to it, return such proceeds so held for the city to the credit of the claimant, to be administered in the manner provided under this system. (Prior code § 2904.60; Ord. 25092.)

Part 5

RECORDS AND REPORTS

Sections:

• 3.24.410 Financial statements.

• 3.24.420 Annual reports.

In addition to other records and accounts, the board shall keep such records and accounts as may be necessary to show at any time:

• A. The total accumulated contributions of members;

• B. The total accumulated contributions of retired members less the annuity payments made to such members;

• C. The accumulated contributions of the city held for the benefit of members on account of current service;

• D. All other accumulated contributions of the city, which shall include the amounts available to meet the obligation of the

city on account of benefits that have been granted to retired employees and on account of prior service of members. (Prior code § 2904.61.)

The board shall cause to be issued, as of the date of the investigation and valuation made pursuant to Section 3.24.160, a financial statement showing an actuarial valuation of the assets and liabilities of this system and a statement as to the accumulated cash and securities in the retirement fund as certified by the auditor. The board shall include in the statement, which shall be issued as of the end of each fiscal year, other than the year of the investigation, assets and liabilities resulting from current and prior service, in amounts equal only to accumulated contributions held on account of such service.

(Prior code § 2904.62.)

As soon as practicable after the close of each fiscal year, the board shall file with the city council a report of its work for such fiscal year, and the board shall make the report available to any member who requests it. Among other things, the report shall contain recommendations for or against changes in the retirement system. (Prior code § 2904.63.)

Part 6

MEMBERSHIP

Sections:

• 3.24.450 Continuance of membership.

• 3.24.460 Conditions of membership.

• 3.24.470 Exclusions from membership - Generally.

• 3.24.480 Part-time employees excluded with exceptions.

• 3.24.490 City manager excluded - City auditor excluded with exceptions.

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§ 3.24.470

All members of the retirement system immediately prior to the time this chapter became operative continue to be members of this system. (Prior code § 2904.64.)

Every other employee who is not excluded by the following sections becomes a member of the retirement system upon entry or reentry into city service.

(Prior code § 2904.65.)

• A. The following persons are hereby excluded from membership in this system:

  1. The mayor and each member of the city council;

  2. Each member of a city board or commission who holds no other city office or position of employment which qualifies him for membership in this system;

  3. Persons temporarily employed pursuant to the provisions of subparagraph (4) of subsection (a) of Section 1101 of the Charter of the city to make or conduct a special inquiry, investigation, examination or installation, or to render professional, scientific or technical services of an occasional or exceptional character;

  4. Persons employed pursuant to the provisions of subparagraph (5) of subsection (a) of Section 1101 of the Charter of the city in the event of an emergency to perform services required because of and during such emergency;

  5. Each volunteer member of any police, fire or civil defense force or organization

who holds no other city office or position of employment which qualifies him for membership in this system;

6. Persons employed or whose services are contracted for pursuant to any transfer, consolidation or contract mentioned or referred to in Section 1109 of the Charter of the city;

7. Persons employed pursuant to Section 1110 of the Charter of the city;

8. Each person employed or paid on a parttime, per diem, per hour or any basis other than a monthly basis, unless he is a member by virtue of the provisions of Section 3.24.480;

9. Persons employed pursuant to any relief or anti-poverty program primarily for the purpose of giving relief or aid to such persons;

10. Persons who are members of any police, fire or other retirement or pension system, other than this system or the Federal Social Security System or any other federal retirement system supported in whole or in part by funds of the United States, any state government or political subdivision thereof, the city or any other municipal corporation, who are receiving or are entitled to credit in such other system for service rendered to the city; provided, however, that nothing contained in this subdivision 10 shall be deemed to prohibit any such person from becoming a member of this retirement system after he has ceased being a member of the abovementioned police, fire or other retirement or pension system if he should thereafter otherwise qualify for membership.

• B. For purposes of this section, persons who merely are receiving pensions or retirement allowances or other payments, from any source whatever, on account of service rendered to an employer other than the city while they were

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§ 3.24.470

not in the service of the city are not, because of such receipt, members of any other retirement or pension system.

(Prior code § 2904.66.)

An employee serving on a part-time basis is excluded from this system unless:

• A. He becomes a member prior to the time this chapter becomes effective and continues to be a member by reason of Section 3.24.450;

• B. His employment is regular and continuous and in the opinion of the board will extend for more than one year, and requires service for at least one-half the time of employees serving on a full-time basis; or

• C. Unless he is a member at the time he commences to serve on a part-time basis.

• (Prior code § 2904.68.)

• A. The city manager is excluded from membership in this system.

• B. 1. The city auditor is excluded from membership in this system unless he files or has already filed with the board an election in writing to become a member. He may make such election at any time during his employment by the city.

  2. If he elects to become a member, he shall make contributions to this system in the amount which he would have contributed had he not been so excluded, plus interest which would have been credited on such contributions. If he affirmatively exercises the option:

     • a. He shall receive credit for prior service, from the date of his first exclusion, in the same manner as if he had not been excluded; and

• b. The contributions of the city because of his membership shall be the same as they would have been had he not been excluded; and

• c. His rate of contribution shall be based on the nearest age at the time he first was excluded.

(Prior code § 2904.69.)

A person ceases to be a member:

• A. Upon retirement;

• B. If he is credited with less than twenty years of city service, or with less than five hundred dollars in accumulated contributions, or with a greater amount and has not elected to allow it to remain in the retirement fund, and renders less than five years of service in any period of ten consecutive years.

• C. If he is paid more than one-fourth of his normal contributions. For the purpose of this subsection C., deposit in the United States mail of a warrant drawn in favor of a member, addressed to the latest address of the member on file in the office of this system, constitutes payment to the member of the amounts for which the warrant is drawn.

(Prior code § 2904.70.)

• A. Any other provisions in this chapter to the contrary notwithstanding, if the city service of a member is discontinued by reason of resignation or discharge, or by reason of layoff or leave of absence deemed by the board to have resulted in permanent discontinuance (and in such case, as of the date of the determination by the board that the discontinuance is permanent), or if the disability retirement of a member is followed by cessation of the disability and by cancellation of the disability allow-

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§ 3.24.510

• ance, but the member does not reenter city service, and the amount of his accumulated contributions standing to his credit at that time is five hundred dollars or more, he shall have the right to elect, not later than ninety days after the date upon which notice of said right is mailed by this system to the member's latest address on file in the office of this system, whether to allow all or part (but in no event less than five hundred dollars) of his accumulated contributions to remain in the retirement fund. Failure to make such election shall be deemed an irrevocable election to withdraw his accumulated contributions unless the member is entitled to be credited with twenty years of service. An election to allow all or part of one's accumulated contribution to remain in the retirement fund may be revoked at any time as to all the contributions allowed to remain in the fund, or as to any part of them in excess of five hundred dollars; and all contributions covered by such revocation may then be withdrawn. Upon withdrawal of any accumulated contributions, the member withdrawing the same shall lose, and shall not be entitled to, any credit for any service on account of which such withdrawn contributions has theretofore been paid into the retirement fund. In determining the service for which a member is no longer entitled to credit upon withdrawal of all or part of his contributions, the withdrawn contributions shall be deemed to have been paid into the retirement fund on account of the latest service rendered by the member to the city, or on account of his earliest service if so requested by the member at the time he withdraws such contributions.

• B. A member may at any time, if he so elects, voluntarily relinquish such right as he may have to be credited for service during such periods of time as may be designated by him, without withdrawing any contributions paid by him because of such service, provided he retains credit for not less than five years of continuous service; and in such event, in de-

termining his eligibility for or the amount of any benefits to which he may become entitled, he shall be given no credit for any service so relinquished by him, and any contributions left in the fund which were made because of the service for which he has relinquished credit shall be treated as additional contributions made pursuant to Section 3.24.590 of this Code.

• C. A member whose membership continues under this section is subject to the same age and disability requirements as apply to other members for service or for disability retirement but he is not subject to a minimum service requirement.

After the qualification of such member for retirement by reason of age or disability, he shall be entitled to receive a retirement allowance based upon the amount of his accumulated contributions and service standing to his credit at the time of retirement and on the employer contributions held for him and calculated in the same manner as for other members, except that the provisions in this chapter for minimum service and disability retirement allowances do not apply to him unless he meets such minimum service requirements. Upon the death of such a member prior to retirement under this section, such death benefits as may be payable under Section 3.24.2000 of this chapter shall be computed upon the basis of his average annual compensation earnable for the year preceding the date of termination of the service for which he is entitled to credit, multiplied by the years of city service prior to such termination not to exceed six.

(Prior code § 2904.71.)

Part 7

MEMBER CONTRIBUTIONS

Sections:

3.24.550 Normal rate of monthly contributions.

• 3.24.560 Applicability limitation.

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§ 3.24.550

• 3.24.570 Normal contributions - Rate. 3.24.580 Normal contributions - Initial rate. 3.24.590 Additional contributions.

• 3.24.600 Annuity to be actuarial equivalent of accumulated contributions.

• 3.24.610 Return of contributions - Conditions.

• 3.24.620 Return of contributions - Payment.

• 3.24.630 Contributions upon reentry into system.

• 3.24.640 Board may withhold accumulated normal contributions.

• 3.24.650 Redeposit of withdrawn contributions.

• 3.24.660 Normal rate of contributions following redeposit.

• 3.24.670 Effect of reentering system without redepositing.

All members of the system shall be required to make normal monthly contributions to the system. The normal monthly contribution which shall be required of a member for each month from and after July 1, 1971, shall be a percentage of the compensation earned by him in such month. Said percentage, for normal contribution purposes, shall be the same for all members, regardless of their age or sex. Said percentage is hereinafter referred to as the member's "normal rate of monthly contribution."

(Prior code § 2904.72.)

On and after the effective date of this section, the provisions of this Part 7 shall no longer apply to any person to whom the provisions of Part 8 of Chapter 3.24 thereafter B. apply. (Prior code § 2904.83a.)

The normal rate of monthly contribution required of a member on or after July 1, 1971, or on

or after the date he enters the system if he enters after July 1, 1971, shall be such that the amount of normal monthly contributions paid by him, when added to all normal monthly contributions paid by other members of the system for the same period, will be sufficient to pay 3/11ths of the cost of all pensions and other benefits which are or will become payable to members on account of current service rendered by members on and after July 1, 1971; provided and excepting, however, that whenever a normal rate of monthly contribution for members is adopted or from time to time amended, the new or amended rate shall not include any amount designed to thereafter recover from members or return to members the difference between the amount of normal contributions therefore actually required of members and any greater or lesser amount which, because of amendments to the system changing the time at which members may retire, or changing the benefits members will receive, or as a result of experience under the system, said members would have theretofore been required to pay in order to make their normal contributions equal to 3/11ths of the cost of all pensions and other benefits which are or will become payable to members on account of current service rendered prior to the effective date of the new or amended rate.

(Prior code § 2904.73.)

• A. Until amended or revised by the board in accordance with Section 3.24.170, the normal rate of monthly contribution required of members on and after July 1, 1971, shall be three and eighty-five one-hundredths percent of earned compensation.

• B. The normal rate of monthly contribution set forth in this section is based on the interest and mortality tables used by this retirement system on July 1, 1971, and subject to other provisions of this part, shall be adjusted by the board from time to time, in accordance with the provisions of Section 3.24.170.

• (Prior code § 2904.73a.)

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§ 3.24.660

Subject to rules prescribed by the board, any member may elect to make contributions in excess of his normal contributions for the purpose of providing additional benefits. The exercise of this privilege by a member does not require the city to make any additional contributions. Upon application, the board shall furnish information concerning the nature and amount of additional benefits to be obtained from additional contributions. (Prior code § 2904.77.)

The actual amount of annuity receivable by a member upon retirement shall be the actuarial equivalent of his accumulated contributions. (Prior code § 2904.76.)

A member who, because of his employment by the city, is required to become a member of any other retirement system supported in whole or in part by public funds shall, with respect to his right to withdraw his accumulated contributions, be considered as permanently separated from city service. (Prior code § 2904.78.)

If the city service or membership herein of a member is discontinued, except by death on account of which a death benefit is payable or by retirement, he shall, six months after date of discontinuance, termination or resignation, be paid such part of his accumulated contributions as he demands, except that if he is credited with less than five hundred dollars in accumulated contributions, or with a greater amount, and has not elected to allow it to remain in the retirement fund and, in the opinion of the board, is permanently separated from city service by reason of such discontinuance, he shall be paid forthwith all of his accumulated contributions.

(Prior code 3.24.660 § 2904.79.)

Upon a member's reentry into the retirement system on and after July 1, 1971, at reinstatement from service or disability retirement, his normal rate of monthly contribution shall be the same as that of other members.

(Prior code § 2904.74.)

The board may withhold, for not more than one year after a member last rendered city service, all or part of his accumulated normal contributions if after a previous discontinuance of city service he withdrew all or a part of his accumulated normal contributions and failed to redeposit such withdrawn amount in the retirement fund. (Prior code § 2904.80.)

A member may redeposit in the retirement fund, in one sum or in not to exceed thirty-six monthly or seventy-two semimonthly payments:

• A. An amount equal to the accumulated contributions that he has withdrawn at one or more terminations of service, but in reverse chronological order in which they occurred, and subject to minimum payments fixed by the board; and

• B. An amount equal to additional interest which would have been credited to his account at the date of the election, had such contributions not been withdrawn; and

• C. If he elects to redeposit in other than one sum, interest on the unpaid balance of the amount payable to the retirement fund, beginning on the date of such election, at the rate of interest currently being used from time to time under the system.

(Prior code § 2904.81.)

If upon a member's reentry into the system on or after July 1, 1971, he redeposits his accumulated

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§ 3.24.660

contributions, his membership is the same as if it were unbroken by such termination. His normal rate of monthly contribution for future years shall be the same as that of other members. (Prior code § 2904.82.)

Upon reentering this system on or after July 1, 1971, after a termination of his membership, if a member fails to elect within not more than thirty days after the date upon which notice of the right to redeposit is mailed by this system to the member's latest address on file in the office of this system, to make, or having so elected, subsequently does not make such redeposit, he reenters as a new member without credit for any service except the service rendered before he first became a member, credited to him before termination, and his normal rate of monthly contribution for future years is the same as that of other members. (Prior code § 2904.83.)

Part 8

MEMBER CONTRIBUTIONS AFTER EFFECTIVE DATE

Sections:

• 3.24.710 Normal rate of monthly contributions.

• 3.24.720 Normal contributions - Initial rate.

• 3.24.730 Normal contributions - Rate.

• 3.24.740 Additional contributions.

• 3.24.750 Contributions on reentry into the system.

• 3.24.760 Annuity to be actuarial equivalent of accumulated contributions.

• 3.24.770 Return of contributions on joining other system.

• 3.24.780 When board may withhold accumulated normal contributions.

• 3.24.810 Effect of reentering system without redepositing.

• A. The provisions of this part 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 contributions required of them after the effective date of this part, as follows:

  1. All persons who become members of the retirement system on or after the effective date of this part, excepting persons who on the effective date of this part are on service retirement or disability retirement under this system who may subsequently be reinstated from such retirement;

  2. Each person who became a member of the retirement system prior to the effective date of this part and is such a member on said effective date if such person is given the option specified in Section 3.24.1560, and exercises such option in the manner and within the time specified in Section 3.24.1570;

• B. Any person who became a member of the retirement system prior to the effective date of this Part 8, and such member's contributions, shall continue to be governed by the provisions of Part 7 of this chapter and not by the provisions of this Part 8, if he is not given the option specified in Section 3.24.1560, or if he is given such option but refuses or fails to exercise the same in the manner and within the time specified in Section 3.24.1570.

• (Prior code § 2904.83h.)

All members of the system to whom this Part 8 applies shall be required to make normal monthly

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contributions to the system. The normal monthly contribution which shall be required of a member for each month from and after July 1, 1971, shall be a percentage of the compensation earned by him in such month. Said percentage is hereinafter referred to as the member's "normal rate of monthly contribution."

(Prior code § 2904.83i.)

• A. Until amended or revised by the board in accordance with Section 3.24.160, the normal rate of monthly contribution required of members on and after July 1, 1971 shall be three and eight-five one-hundredths percent of earned compensation.

• B. The normal rate of monthly contribution set forth in this section is based on the interest and mortality tables used by this retirement system on July 1, 1971, and, subject to other provisions of this part, shall be adjusted by the board from time to time, in accordance with the provisions of Section 3.24.160 of this Code.

• (Prior code § 2904.83k.)

For each member of the system to whom the provisions of this part apply, the normal rate of monthly contribution required on or 3.24.750 after July 1, 1971, or on or after the date he enters the system if he enters after July 1, 1971, shall be such that the amount of normal monthly contribution paid by him when added to all normal monthly contributions paid by other members of the system for the same period, will be sufficient to pay 3/11ths of the cost of all pensions and other benefits which are or will become payable to members on account of current service rendered by members on and after July 1, 1971; provided and excepting, however, that whenever a normal rate of monthly contribution for members is adopted or from time to time amended, the new or amended rate shall not include any amount designed to thereafter recover from members or return to members the difference between the amount of normal contributions there-

tofore actually required of members and any greater or lesser amount which, because of amendments to the system changing the time at which members may retire, or changing the benefits members will receive, or as a result of experience under the system, said members would have theretofore been required to pay in order to make their normal contributions equal 3/11ths of the cost of all pensions and other benefits which are or will become payable to members on account of current service rendered prior to the effective date of the new or amended rate.

(Prior code § 2904.83j.)

Subject to rules prescribed by the board, any member may elect to make contributions for the purpose of providing additional benefits. The exercise of this privilege by a member does not require the city to make any additional contributions. Upon application, the board shall furnish information concerning the nature and amount of additional benefits to be obtained from additional contributions.

(Prior code § 2904.83o.)

Upon a member's reentry on or after July 1, 1971, into the retirement system at reinstatement from service or disability retirement, his normal rate of monthly contribution shall be the same as that of other members.

(Prior code § 2904.831.)

The actual amount of annuity receivable by a member upon retirement shall be the actuarial equivalent of his accumulated contributions. (Prior code § 2904.38n.)

A member who, because of his employment by the city is required to become a member of any

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§ 3.24.770

other retirement system supported in whole or in part by public funds, shall, with respect to his right to withdraw his accumulated contributions, be considered as permanently separated from city service. (Prior code § 2904.83p.)

Anything in Section 3.24.510 to the contrary notwithstanding, the board may withhold, for not more than one year after a member last rendered city service, all or part of his accumulated normal contributions if after a previous discontinuance of city service he withdrew all or part of his accumulated normal contributions and failed to redeposit such withdrawn amount in the retirement fund. (Prior code § 2904.83q.)

A member to whom this part applies may redeposit in the retirement fund, in one sum or in not to exceed thirty-six monthly or seventy-two semimonthly payments:

• A. An amount equal to the accumulated contributions that he has withdrawn at one or more terminations of service, but in reverse chronological order in which they occurred, and subject to minimum payments fixed by the board; and

• B. An amount equal to additional interest which would have been credited to his account at the date of the election, had such contribution not been withdrawn; and

• C. If he elects to redeposit in other than one sum, interest on the unpaid balance of the amount payable to the retirement fund, beginning on the date of such election, at the rate of interest currently being used from time to time under the system.

(Prior code § 2904.83r.)

If, upon a member's reentry into the system on or after July 1, 1971, a member redeposits his accu-

mulated normal contributions, his membership is the same as if it were unbroken by such termination. His normal rate of monthly contribution for future years shall be the same as that of other members.

(Prior code § 2904.83s.)

Upon reentering this system on or after July 1, 1971, after a termination of his membership, if a member fails to elect within not more than thirty days after the date upon which notice of the right to redeposit is mailed by this system to the member's latest address on file in the office of this system to make, or having so elected, subsequently does not make such redeposit, he reenters as a new member without credit for any service except service rendered before July 1, 1951, credit to him before termination, and his normal rate of monthly contribution for future years is the same as that of other members.

(Prior code § 2904.83t.)

Part 9

PROCEDURE ON CONTRIBUTIONS

Sections:

• 3.24.850 Board to certify contribution rates to auditor.

• 3.24.860 Contributions to be credited to individual accounts.

• 3.24.865 City pick up of member contributions.

• 3.24.870 Effect of death benefit upon contributions.

The board shall certify to the city auditor the normal and additional rates of contributions for each member employed therein. (Prior code § 2904.84.)

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Each member's contribution deducted and remitted or otherwise paid to the board shall be credited by the board, together with regular interest, to an individual account of the member for whom the contribution was made. Payment of salaries or wages less such contribution is in full discharge of all claims and demands whatsoever for the service rendered by the members during the period covered by such payment, except the benefits afforded by this chapter. (Prior code § 2904.86.)

• A. For the purposes of this section, contributions "picked up" by the city means contributions to this system which are designated as employee contributions but are treated as employer contributions for income tax purposes as authorized by Section 414(h)(2) of the Internal Revenue Code (26 U.S.C.A. 414(h)(2)).

• B. Notwithstanding any other provision of law, the city may pick up, for the sole and limited purpose of deferring taxes as authorized by Section 414(h)(2) of the Internal Revenue Code (26 U.S.C.A. 414(h)(2)) and Section 17501 of the California Revenue and Taxation Code, all or a portion of the contributions required to be paid by a member of this system. Nothing herein shall be construed to mean that any contributions so picked up by the city are to be treated as city contributions for any purpose other than the sole and limited purpose specified herein. Any contributions so picked up by the city shall be paid into the retirement fund and shall be treated in the retirement fund in the same manner as such contributions would be treated if they had not been picked up by the city.

• C. Subject to applicable laws relating to meet and confer requirements, the city shall retain the authority periodically to increase, reduce or eliminate the pick up by the city of all or a

portion of the contributions required to be paid by a member of this system, as authorized by this section.

(Ord. 22458.)

If a death benefit has become or becomes payable before the payment of the total amount the member elected to pay under any election with respect to normal contributions permitted under this chapter, the member's entire compensation, or the service upon which that total amount was based, as the case may be, shall be included in the computation of the portion of the death benefit which is provided in subsection B. of Section 3.24.2010, and the unpaid balance of the total amount shall not be paid to this system, nor shall it be included in the member's accumulated contributions which constitute a part of the basic death benefit. Any balance of any such total amount remaining unpaid at the retirement of a member for either service or disability shall become due and payable forthwith, and if not paid, shall be deducted from the benefit otherwise payable.

(Prior code § 2904.87.)

Part 10

CITY CONTRIBUTIONS

Sections:

• 3.24.900 Administrative costs of system. 3.24.910 Current service contributions - Designated.

• 3.24.920 Current service contributions - Rate.

• 3.24.930 Prior service contributions - Designated.

• 3.24.940 Prior service contributions - Rate.

• 3.24.950 Contributions for members entitled to credit for service formerly credited to them under police and fire department retirement plan.

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• 3.24.960 Contributions for members entitled to credit under Section 3.24.1090 for service formerly credited to them under police and fire department retirement plan.

• 3.24.980 No credit to city upon withdrawal of member's accumulated contributions.

All administrative costs of the retirement system, as determined and approved by the board, including staff salaries and indirect labor costs, shall be borne by and paid from the retirement fund. The payment of costs of staff salaries and indirect labor from the retirement fund shall be subject to such limitations on said costs as may be agreed upon by the city and the employee organizations representing members of this system and set forth in the appropriate memoranda of agreement. Costs for staff salaries and indirect labor in excess of said limitations, if any, shall be paid by the city. (Prior code § 2904.90; Ord. 23433.)

From and after July 1, 1971, the city's current service rate of contributions shall consist of the sum of two rates. The first rate, hereinafter referred to as the "normal city current service rate," shall be such that the amount of contributions paid by the city under such rate for each month of current service for which such rate is imposed, as compared to the amount of normal contributions required of members for each such month of current service, shall be in the ratio of eight for the city to three for members. The second rate, hereinafter referred to as the "city current service deficiency rate," shall be such as may be necessary to make up, over a period of thirty years, any existing deficiency in the amounts of normal current service contributions theretofore contributed by members and by the city for the payment of the cost of all pensions and other benefits which are or will become payable to members on account of current service, such deficiencies

being those resulting from amendments to the system changing the time at which members, may retire, or changing the benefits members will receive, or resulting from experience under the system. From and after July 1, 1971) and until the amount accumulated in the retirement fund from normal contributions of members and from city current service contributions becomes not less than the present value of all amounts thereafter payable from the retirement fund on account of current service, the city shall make monthly contributions, for the purpose of making up said deficiencies in current service contributions, at a "current service deficiency rate" established by or pursuant to the provisions of this Part 10.

(Prior code § 2904.88.)

From and after July 1, 1971, and until revised by the retirement board, the rate at which the city shall make contributions in each month for pensions and other benefits allowable under this retirement system to members on account of current service shall be 11.04 percent (said rate being the sum of a "normal city current service rate" of 10.30 percent, and a "city current service deficiency rate" of 0.74 percent) of the aggregate amount of members' compensation earned (or of members' compensation earnable with respect to members absent on military service, as defined in Section 3.24.1100, who are themselves contributing pursuant to Section 3.24.1110, or for whom contributions are made by the city pursuant to Section 3.24.1150, or with respect to members absent by reason of serviceconnected injury or illness as defined in Section 3.24.1170 if such members are themselves contributing pursuant to Sections 3.24.1170 and 3.24.1180 on the basis of compensation earnable) during the immediately preceding calendar month. Said composite rate of eleven and four one-hundredths percent, and/or the "normal city current service rate," and the "city current service deficiency rate" of which it is composed, may be revised by the retirement board from time to time because of or on the basis of such actuarial or other investigations as it

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may make pursuant to the provisions of Section 3.24.160 of this Code, or because of or on the basis of experience in this system, or because of or on the basis of such tables and rates as the board may adopt in accordance with the provisions of Section 3.24.170 of this Code.

(Prior code § 2904.89a.)

There shall be paid into the retirement fund, by contributions of the city, the amounts necessary to pay all pensions and all other benefits allowable under the retirement system to members on account of prior service, and not provided by member's accumulated prior service contributions. Until the amount accumulated in the retirement fund from contributions of the city made because of prior service becomes not less than the present value of all amounts thereafter payable from the retirement fund on account of prior service and not provided by members' accumulated prior service contributions, the amount due in each fiscal year to said fund under this section shall be the amount determined from time to time by the retirement board, as required to liquidate the difference between said present value and the funds then on hand to meet such obligations on account of prior service, by annual installments from the time of such determination to a date forty years after the first day of July, 1951. Prorate installments may be paid for the fiscal years in which the forty years begin and end. During each fiscal year the board shall certify to the city auditor the amount due within such year to the retirement fund under this section on account of prior service, and the city auditor shall transfer such an amount to the retirement system from the budget appropriation for the then current fiscal year. (Prior code § 2904.89.)

From and after July 1, 1971, and until revised by the retirement board, the rate at which the city shall make annual contributions for pensions and

other benefits allowable under this retirement system to members on account of prior service shall be sixty-four one-hundredths percent of the aggregate amount of members' compensation earned (or of members' compensation earnable with respect to members absent on military service, as defined in Section 3.24.1100 who are themselves contributing pursuant to Section 3.24.1110, or for whom contributions are made pursuant to Section 3.24.1150, or with respect to members absent by reason of serviceconnected injury or illness, as defined in Section 3.24.1170, if such members are themselves contributing pursuant to Sections 3.24.1170 and 3.24.1180 on the basis of compensation earnable) during the immediately preceding fiscal year. Said rate may be revised or changed by the retirement board from time to time because of or on the basis of such actuarial or other investigations as it may make pursuant to Section 3.24.160 of this Code, or because of or on the basis of experience in this system, or because of or on the basis of such tables and rates as the board may adopt in accordance with the provisions of Section 3.24.170 of this Code. (Prior code § 2904.89b.)

• 3.24.950 Contributions for members entitled to credit for service formerly credited to them under police and fire department retirement plan.

• A. If a member, pursuant to Section 3.24.1080, elects to and becomes entitled to receive credit under this system for service formerly credited to him under a city police or fire department retirement plan specified in Section 3.24.1080, the city shall contribute to the retirement fund an amount equal to the sum of:

  1. An amount which, when added to the sums transferred and paid into the retirement fund established by this chapter pursuant to Section 3.24.1080, will equal the amount of contributions which such member would have been required to pay under this system had he been a member of this system from the date he became a member of the police and fire department retirement plan;

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2. An amount equal to the contributions which the city would have been required to make to the retirement fund, during the time said member was a member of the police and fire department retirement plan, if said member had then been a member of this system instead of said police and fire department retirement plan.

• B. Contributions required to be made by the city pursuant to this section shall be made by transfer and payment into the retirement fund established by this chapter, from the retirement fund established by said police and fire department retirement fund, of all contributions made by the city into such police or fire department retirement fund for or because of such person's membership in the police and fire retirement plan. If the amount of moneys so transferred is less than the amount required to be contributed by the city under this section, the balance shall be paid from other available city funds.

d police and fire department retirement fund, of all contributions made by the city into such police or fire department retirement fund for or because of such person's membership in the police and fire retirement plan. If the amount of moneys so transferred is less than the amount required to be contributed by the city under this section, the balance shall be paid from other available city funds.

(Prior code § 2904.89c.)

• 3.24.960 Contributions for members entitled to credit under Section 3.24.1090 for service formerly credited to them under police and fire department retirement plan.

• A. If a member, pursuant to Section 3.24.1090, elects to and becomes entitled to receive credit under this system for service formerly credited to him under a city police or fire department retirement plan specified in Section 3.24.1090, the city shall contribute to the retirement find a amount equal to the sum of:

  1. An amount equal to the contributions which the city would have been required to make to the retirement fund, during the time said member was a member of the police and fire department retirement plan, if said member had been a member of this system instead of said police and fire department retirement plan.

• B. Contributions required to be made by the city pursuant to this section shall be made by the transfer and payment into the retirement fund established by this chapter from the retirement fund established by said police and fire department retirement plan, of all contributions made by the city into such police and fire department retirement fund for or because of such person's membership in the police and fire department retirement plan. If the amount of moneys so transferred is less than the amount required to be contributed by the city under this section, the balance shall be paid from other available city funds.

(Prior code § 2904.89f.)

If the city service of a member is discontinued by reason of resignation or discharge, or by reason of layoff or leave of absence deemed by the board to have resulted in permanent discontinuance (and in such case, as of the date of the determination by the board that the discontinuance is permanent), or if the disability retirement of a member is followed by cessation of the disability and by cancellation of the disability allowance, but the member does not reenter city service, and such member withdraws all or part of his accumulated contributions, and interest thereon, the city shall not receive a refund of its contributions made for such member nor receive a credit for such contributions against other contributions required to be made by the city. (Prior code § 2904.89(d); Ord. 20276.)

Part 11

SERVICE

Sections:

• 3.24.1050 Computation - Part-time service - Hours.

• 3.24.1060 Part-time service - Compensation earnable.

• 3.24.1070 Part-time service - Credit for time worked.

• 3.24.1080 Service for which member was formerly entitled to credit under police and fire department retirement plan in Chapters 3.32 or 3.36.

• 3.24.1090 Service for which member was formerly entitled to credit under police and fire department retirement plan on or after February 1, 1962.

Unless the context otherwise requires, the definitions set forth in the following subsections govern the construction of this chapter.

• A. "City service." Subject to such exclusions or exceptions as are provided for by subsection C. of this section, or by other provisions of this Chapter 3.24, "city service," as used in this chapter means and includes:

  1. Service rendered as an officer or employee of the city for the city, for compensation, and only while he is receiving compensation from the city therefor;

  2. Military service if and to the extent that a member is entitled to credit therefor under and by virtue of other provisions of this chapter;

  3. Service rendered as an employee of the former city of Willow Glen (which city was consolidated with the City of San José in 1936), for compensation, and only while he was receiving compensation from

     • said former city of Willow Glen therefor; provided, however, that no person who has been retired prior to the first day of January, 1964, pursuant to the provisions of this chapter shall receive any increased retirement allowance by reason of such service, for any time that he was on retirement prior to said first day of January, 1964, but such increased retirement allowance, if payable for such reason, shall be payable only from and after the said first day of January, 1964.

  • B. "Continuous service," as applied to "prior service," means all prior service regardless of interruptions and, as applied to "current service" means employment in city service uninterrupted by a continuous absence of more than three years. The period for which a member receives credit for service under Section 3.24.050 subsection 21 while absent on military service shall be excluded in calculating such continuous absence.

  • C. "Current service" means all city service rendered by a member after June 30, 1951.

• D. "Prior service" means all city service rendered by a member prior to July 1, 1951.

• (Prior code §§ 2904.91 - 2904.95.)

"City service," as used in this Chapter 3.24 does not mean, and shall not be deemed to include, any of the following service:

• A. Service rendered as mayor or as a member of the city council;

• B. Service rendered as a member of any city board or commission unless the person rendering such service is otherwise employed by the city in an office or position which qualifies him for membership in this system and he is required by virtue of

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his said office or position to render such service as a member of a city board or commission;

• C. Service rendered while temporarily employed pursuant to the provisions of subparagraph (4) of subsection (a) of Section 1101 of the Charter of the city to make or conduct a special inquiry, investigation, examination or other installation, or to render professional, scientific or technical services of an occasional or exceptional character;

• D. Service rendered while employed pursuant to the provisions of subparagraph (5) of subsection 1101(a) of the Charter of the city, in the event of an emergency, to perform services required because of and during such emergency;

• E. Services rendered as a volunteer member of any police, fire or civil defense department, or of any police, fire or civil defense force or organization;

• F. Service rendered while employed, and service contracted for, pursuant to any transfer, consolidation or contract mentioned or referred to in Section 1109 of the Charter of the city;

• G. Service rendered while employed pursuant to Section 1110 of the Charter of the city;

• H. Service rendered while employed, and service paid for, on a part-time per diem, per hour or any basis other than a monthly basis, unless the person performing such service is a member of the system at the time he perform such service by virtue of the provisions of Section 3.24.480;

• I. Service rendered while employed pursuant to any relief or anti-poverty program primarily for the purpose of giving relief or aid to such persons;

• J. Except as may be otherwise provided by Section 3.24.1080, service rendered by a person while he is a member of, or for which he receives or is entitled to credit

under and by virtue of the provisions of, any police, fire or other retirement or pension system, other than this system or the federal social security system or any other federal retirement system, supported in whole or in part by the funds of the United States, any state government or political subdivision thereof, the city, or any other municipal corporation, if while a member thereof he received or was entitled to credit in such other system for such service.

(Prior code § 2904.92a.)

Credit for prior service shall be granted to each person who was a member or was receiving a retirement allowance on July 1, 1951, or who becomes a member thereafter and within three years after said date.

(Prior code § 2904.96.)

The board shall credit one year for one thousand seven hundred thirty-nine hours of service rendered by any employee in any calendar year. Credit for more than one year of service shall not be allowed for service rendered in any calendar year. (Prior code § 2904.98.)

Except as provided for absence on military service, time during which a member is absent from city service without compensation shall not be allowed in computing service. (Prior code § 2904.97.)

For the purpose of calculating retirement services, credit for service for any member who works less than one thousand seven hundred thirty-nine

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hours in any calendar year shall be based on the ratio that the service rendered bears to one thousand seven hundred thirty-nine hours. (Prior code § 2904.99.)

For the purpose of calculating retirement benefits based on part-time service, except under Sections 3.24.1480 and 3.24.1590, compensation earnable shall be taken as the compensation which would have been earnable if the employment had been on a full-time basis and the member had worked fulltime.

(Prior code § 2904.100.)

In determining qualification for retirement and calculating benefits payable upon death before retirement, a year of service shall be credited for each year during which the member was employed throughout the year on a part-time basis and was engaged in his duties the full amount of time he was required by his employment to be so engaged. Credit for fractional years shall be granted to the extent of the fraction derived by dividing the time during which the member was engaged in his duties within the year, by the time he was required by his employment to be so engaged. (Prior code § 2904.101.)

Subject to the following conditions, restrictions, limitations and other provisions, a member of this system who, immediately prior to becoming a member of this system, was a member of the police and fire department retirement plan established or administered by or pursuant to Chapters 3.32 or 3.36 of this Code shall be entitled to credit under this system for service, if any, for which he was entitled to credit under said police and fire depart-

ment retirement plan at the time his membership therein was last terminated, if all of the following conditions exist and are satisfied:

• A. Such person must have been, immediately prior to becoming a member of this system, a member of the police and fire department plan established or administered by or pursuant to Chapters 3.32 or 3.36 of this Code; and

• B. Such person must have held, immediately prior to becoming a member of this system, a city office or position in the police or fire department of the city which qualified him for membership in, and because of which he was a member of the above-mentioned police and fire department retirement plan; and

• C. The office or position held by such person in the police or fire department of the city immediately prior to his becoming a member of this system must have been abolished or discontinued, and the functions and duties thereof, or substantially the same functions and duties, transferred to a city department or departments other than the police or fire departments; and

• D. Such person must have been transferred, at the time his office or position in the police or fire department was abolished or discontinued, to a new office or position in a city department other than the police or fire department, to perform substantially the same functions and duties as he performed in his former office or position; and

• E. Such persons abovementioned transfer must have taken place without any break in service rendered by such person, and without such person being required by the civil service regulations to take or pass any civil service examination for the office or position to which he was transferred; and

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• F. Such person's membership in the abovementioned police and fire department retirement plan must have ceased and terminated as of the time of or immediately prior to his said transfer to an office or position entitling him to membership in this system; and

• G. Such person must not have received or requested a return of any contributions paid or made by him to said police or fire department retirement plan, and must not have elected to continue making contributions to the police and fire department retirement plan pursuant to the provisions of Sections 3.32.010, 3.36.1620 or 3.36.1630; and

• H. Such person must have filed with the retirement board, on or before and no later than the thirtieth day immediately following the date as of which his position in the police or fire department is abolished or discontinued and he is transferred to an office or position entitling him to membership in this system, a written statement, in duplicate, duly signed by him, wherein he elects to receive credit under this system for service for which he was entitled to credit under said police and fire department plan at the time his membership therein was last terminated, and wherein he consents to and authorizes the transfer and payment into the retirement fund established by this Chapter 3.24 from the retirement fund established under the police and fire department retirement plan of all moneys contributed by him to the police and fire department retirement fund, together with interest thereon; and

• I. A copy of the statement specified in the immediately preceding H. shall have been transmitted by the retirement board to the board which is charged with the duty of administering the abovementioned police and fire department retirement plan

of which said person was formerly a member; and there shall have been transferred to the retirement fund established under this chapter, from the retirement fund established under the last mentioned police and fire department fund, all moneys contributed by said person to the abovementioned police and fire department retirement plan, together with interest thereon, moneys being so transferred being thereafter deemed to be normal contributions, or prior contributions where applicable, of said person to this retirement system for the service credited to him under this system.

(Prior code § 2904.92b.)

Subject to the following conditions, restrictions, limitations and other provisions, a member of this system who, prior to becoming a member of this system was on or after February 1, 1962, a member of the police and fire department retirement plan established or administered pursuant to Chapter 3.32 or Chapter 3.36 of this Code, shall be entitled to credit under this system for service, if any, for which he was entitled to credit under said police and fire department retirement plan at the time his membership therein was last terminated, if all of the following conditions exist and are satisfied:

• A. Such person must have been, prior to becoming a member of this system, a member of the police and fire department retirement plan established or administered by or pursuant to Chapters 3.32 or 3.36 of this Code; and

• B. Such person must have held, prior to becoming a member of this system, a city position in the police or fire department of the city which qualified him for membership in, and because of which he was

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a member of the abovementioned police and fire department retirement plan; and

• C. Such person's membership in the abovementioned police and fire department retirement plan must have ceased and terminated prior to his becoming a member of this system; and

• D. Such person must not have elected to continue making contributions to the police and fire department retirement plan, pursuant to the provisions of Sections 3.36.1620 or 3.36.1630; and

• E. Such person must have filed with the retirement board:

  1. On or before and no later than the thirtieth day immediately following the date on which there is deposited in the U.S. Mail addressed to him at his last place of residence as shown on the city's records, a written notice of his right to so elect, or

  2. On or before and no later than the thirtieth day immediately following the date as of which he becomes a member of this system, whichever is the later date, a written statement, in duplicate, duly signed by him, wherein he elects to receive credit under this system for service for which he was entitled to credit under said police and fire department retirement plan at the time his membership therein was last terminated, and wherein he agrees to pay into the retirement fund established by this chapter an amount of money sufficient to make the accumulated contributions standing to the credit of his individual account in this system equal to the amount they would be if he had been a member of this system, in the position to which he was appointed and because of which he became a member of this system, during the time he was render-

rees to pay into the retirement fund established by this chapter an amount of money sufficient to make the accumulated contributions standing to the credit of his individual account in this system equal to the amount they would be if he had been a member of this system, in the position to which he was appointed and because of which he became a member of this system, during the time he was render-

ing the previous service in the police or fire department for which he seeks to get credit, and if the contributions payable to this system under such circumstances had been deducted from his compensation and paid into the retirement fund pursuant to this system during all of such time. Payment of such amount may be made by such person from any source or sources available to him including, but not limited to, transfer of moneys contributed by him to the police and fire department retirement fund, together with interest thereon, from the police and fire department retirement fund into the retirement fund established by this chapter; and

• F. A copy of the statement specified in the immediately preceding subsection E. shall have been transmitted by the retirement board to the board which is charged with the duty of administering the abovementioned police and fire department retirement plan of which said person was formerly a member; and said person shall have paid into the retirement fund established under this chapter:

  1. On or before and no later than the thirtieth day immediately following the date on which he files with the retirement board, within the time prescribed in subsection E.1. of this section therefor, his written election to receive the above-described credit in the retirement fund; or

  2. On or before and no later than the thirtieth day immediately following the date as of which he is appointed to a position entitling him to membership in this system, whichever is the later date, an amount of money sufficient to make the accumulated

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contributions standing to the credit of his individual account in this system equal to the amount they would be if he had been a member of this system, in the position to which he was appointed and because of which he became a member of this system, during the time he was rendering the previous service in the police or fire department for which he seeks to get credit, and if the contributions payable to this system under such circumstances had been deducted from his compensation and paid into the retirement fund pursuant to this system during all of such time. (Prior code § 2904.92c.)

Part 12

ABSENCES

Sections:

• 3.24.1100 Absences on military service - Described.

• 3.24.1110 Member absent on military service - Contributions.

• 3.24.1120 Member absent on military service

A member is absent on military service when he is absent from city service by reason of service with the armed forces or the Merchant Marine of the United States, or on ships operated by or for the United States Government, either during a war involving the United States as a belligerent or in any other national emergency or in time of peace if he is drafted for such service by the United States Government, and for six months thereafter. (Prior code § 2904.102.)

Any member so absent who does not qualify to have his contributions made by the city under Section 3.24.1150 may contribute to this system, either during his absence on military service or upon his return to city service, 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. When made, such contributions are normal contributions. (Prior code § 2904.103.)

• Credit for absence.

• 3.24.1130 Member absent on military service - Entitled to accumulated contributions when.

• 3.24.1140 Member absent on military service

  • City shall contribute if absent member contributes.

• 3.24.1150 Member absent on military service

  • City contributions - Basis.

• 3.24.1160 Member absent on military service - City contributions - Payment and availability.

• 3.24.1170 Absence due to service-connected injury or illness - Effect on benefits.

If he does so contribute, he shall receive credit for the absence as city service in the same manner as if he had not been absent from city service. If he does not contribute, he shall receive credit for the absence as city service solely for the purpose of qualifications for retirement and death benefits. (Prior code § 2904.104.)

Any member absent on military service or absent from city service by reason of having been

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ordered by an authorized official of this state or the United States to duties outside city service shall be paid his accumulated contributions upon his request. Such payment terminates any election by such member to contribute. (Prior code § 2904.105.)

Whenever a member elects to continue and continues such contributions, the same contributions shall be made by the city in respect to such absence that would have been made if the member had not been absent on military service. (Prior code § 2904.106.)

Notwithstanding the provisions of the preceding sections of this part, the city shall contribute for each member of this system, who is absent without compensation from city service on military service or on ships operated by or for the United States Government (not including service in the Merchant Marine), and who returns to city service within six months after discharge under conditions other than dishonorable, or within six months after any period of rehabilitation afforded by the United States Government including a period of rehabilitation for purely educational purposes, amounts equal to the contributions which would have been made by the employee and the city to the system on the basis of his compensation earnable at the commencement of his absence, plus the annual salary adjustments which he would have received if he had not been so absent. For the purpose of this section, the member absent on military service shall be deemed to have received a service rating for the period of such absence entitling him to annual salary adjustments. For the purpose of this section, a member who is or was granted a leave of absence or placed on a city civil service reemployment list as of the same date he was reinstated from military leave shall be considered as having returned to city service within said

six months, if he returns to city service at the end of such leave of absence or upon offer of employment from the reemployment list, or if he retires under this system for service or disability during such leave.

(Prior code § 2904.107.)

The contributions required of the city pursuant to Section 3.24.1150 may be made in one sum, or in the manner in which other contributions are made. Contributions pursuant to Section 3.24.1150 shall be available only for the purpose of benefits payable in event of death or retirement for service or disability and shall be made available only for the purpose of benefits payable in event of death or retirement, and an employee resigning from city service after reinstatement from military service shall be entitled to withdraw under Sections 3.24.510, 3.24.620 or 3.24.640 only that portion of his accumulated contributions personally made by him. (Prior code § 2904.108.)

Time during which a member is absent from city service by reason of injury or illness determined within one year after the end of such absence to have arisen out of and in the course of his employment shall be considered as spent in city service for the purpose of qualification for retirement and death benefits, but not for calculation of retirement benefits unless he contributes as provided in Section 3.24.1180 and except as he receives compensation as distinguished from disability indemnity under the Labor Code, during the absence, and then only to the extent of compensation received.

(Prior code § 2904.109.)

Any member so absent by reason of such service-connected injury or illness may contribute to

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this system during his absence or upon his return to city service at times and in the manner prescribed by the board such amounts as may be necessary, when added to contributions deducted from compensation as distinguished from disability indemnity received by him during his absence, to contributions he would have made had he not been absent. If he does so contribute, he shall receive credit for all of the absence as city service. (Prior code § 2904.109a.)

Part 13

RETIREMENT

Sections:

• 3.24.1210 Retirement at age of seventy.

• 3.24.1220 Retirement for disability - Designated.

• 3.24.1230 Retirement for disability - Conditions.

• 3.24.1240 Retirement for disability - Application - Who may make.

• 3.24.1250 Retirement for disability - Application - Conditions.

• 3.24.1260 Retirement for disability - Board may require medical examination.

• 3.24.1270 Retirement for disability - Determination of disability.

• 3.24.1280 Retirement for disability - Pension may be discontinued when.

• 3.24.1290 Disability retirement allowance - Cancelled when - Reinstatement.

• 3.24.1300 Disability retirement allowance - Reentry of recipient into federated city service.

• 3.24.1310 Disability retirement allowance - When recipient does not reenter city service.

• 3.24.1320 Reinstatement from service retirement.

A member shall be retired for service upon his written application to the board if:

• A. He has attained age fifty-five and is entitled to be credited with at least twenty years of continuous service; or

• B. The following conditions exist:

  1. He is separated from city service because of a curtailment of or a change in the manner of performing such service, and not because of resignation or dismissal under charges;

  2. He has attained age fifty and is entitled to be credited with fifteen or more years of city service;

  3. The board determines that his separation is of an extended and uncertain duration, and not the separation normally experienced by members in positions known at the time of employment to be of limited duration or on a seasonal or intermittent basis.

(Prior code § 2904.110.)

Every member shall be retired on the first day of the calendar month next succeeding that in which he attains age seventy. Every member who on July 1, 1951, has attained age seventy shall be retired forthwith.

(Prior code § 2904.111.)

As used in this chapter, "disability" and "incapacity for performance of duty" as a basis of retirement, means disability of permanent or extended and uncertain duration, as determined by the board on the basis of competent medical opinion. (Prior code § 2904.112.)

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Any member incapacitated for the performance of duty shall be retired for disability pursuant to these sections if he is entitled to be credited with ten years of city service, regardless of age. (Prior code § 2904.113.)

Application to the board for retirement of a member for disability may be made by:

• A. The head of the office or department in which the member is or was last employed;

• B. The city manager;

• C. The member, or any person in his behalf who is legally authorized to act for him.

• (Prior code § 2904.114.)

The application shall be made only while the member is in city service, within four months after his discontinuance of city service, or while he is physically or mentally incapacitated to perform his duties from the date of discontinuance of city service to the time of application or motion. On receipt of an application, the board shall, or of its own motion it may, order a medical examination of a member who is otherwise eligible to retire for disability to determine whether he is incapacitated for the performance of duty. (Prior code § 2904.115.)

The board may require any recipient of a disability retirement allowance under the minimum age for voluntary retirement for service to undergo medical examination, and upon his application for reinstatement, shall cause a medical examination to be made of any such recipient who is at least six months less than the age of seventy. Such examination shall be made by a physician or surgeon, appointed by the board, at the place of residence of

the recipient or other place mutually agreed upon. Upon the basis of such examination, he board shall determine whether he is still incapacitated, physically or mentally, for service in a position of the same class as the position held by him when retired for disability, or for other duties proposed to be assigned to him.

(Prior code § 2904.117.)

If the medical examination and other available information show to the satisfaction of the board that the member is incapacitated physically or mentally for the performance of his duties in the city service and is eligible to retire for disability, the board shall forthwith retire him for disability. (Prior code § 2904.116.)

If any recipient of a disability retirement allowance under the minimum age for voluntary retirement for service applicable to members of his class refuses to submit to medical examination, the pension portions of his allowance may be discontinued until his withdrawal of such refusal. If such refusal continues for one year, his disability retirement allowance may be canceled. (Prior code § 2904.120.)

If the board determines that such recipient is not so incapacitated, his disability retirement allowance shall be cancelled forthwith. He shall then be reinstated, at his option, to the position held by him when retired for disability or to a position in the same classification with duties within his capacity. (Prior code § 2904.118.)

If the recipient of a disability retirement allowance is reemployed in federated city service, as fed-

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erated city service is defined in Chapter 3.28 of this title, and thus becomes eligible for membership in the retirement system established by said Chapter 3.28, his disability retirement allowance shall be canceled as of the time he enters said federated city service and he shall thereafter be governed by the provisions of said Chapter 3.28. (Prior code § 2904.121.)

If the retirement allowance of any person retired for disability is canceled for any cause other than reentrance into city service, and if he does not reenter city service, an account which is the actuarial equivalent of his annuity at cancellation, based on a disabled life, but not exceeding the amount of his accumulated contributions at the time of his retirement for disability shall be credited to his individual account, and shall be refunded to him unless he elects, under Section 3.24.510, to allow his accumulated contributions to remain in the retirement fund.

(Prior code § 2904.122.)

Part 14

BENEFITS

Sections:

• 3.24.1360 Rights and benefits unassignable.

• 3.24.1370 Benefits shall not be modified.

• 3.24.1380 Qualified members may not be deprived of retirement rights.

• 3.24.1390 Beneficiary - Designation requirements.

• 3.24.1400 Beneficiary - Changes permitted when.

• 3.24.1410 Designation of beneficiary not affected by termination of or break in membership.

• 3.24.1420 Release or relinquishment of rights and benefits - Assignments to city.

• 3.24.1430 Persons entitled to retirement allowance - Certain compensation prohibited.

A person who has been retired for service under this system may be reinstated from retirement to the federated city service pursuant to the provisions of Section 3.28.410 of this Code. Upon such reinstatement the service retirement allowance theretofore payable to him under this system shall be canceled.

(Prior code § 2904.123.)

A person who has been retired under this system for service or for disability shall not be employed thereafter by the city unless he has first been reinstated from retirement pursuant to this chapter. The provisions of Section 3.24.1430 apply to any person employed in violation of this section. (Prior code § 2904.126.)

A pension, an annuity or a retirement allowance granted by this chapter is payable in equal monthly installments, but a smaller pro rata amount may be paid for part of a month when the period of payment begins after the first or ends before the last day of the month.

(Prior code § 2904.127.)

• A. Notwithstanding any other law, the benefits payable to any person who becomes a member of this system on or after January 1, 1990, shall be subject to the limitations set forth in Section 415 of the Internal Revenue Code as applied (other than paragraph (2)(G)) without regard to paragraph (2)(F) of said Section 415.

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• B. Notwithstanding any other law, the benefits payable to any person who became a member of this system prior to January 1, 1990, shall be subject to the greater of the following limitations as provided in Section 415(b)(10) of the Internal Revenue Code:

  1. The limitations set forth in Section 415 of the Internal Revenue Code; or

  2. The accrued benefit of the member without regard to any benefit increases pursuant to any amendment of this system adopted after October 14, 1987.

• C. For purposes of the application of Section 415(b) of the Internal Revenue Code, actuarial equivalences shall be based on a five percent interest rate and the 1983 Group Annuity Table for Males with a two-year setback.

• (Ord. 23283.)

The right of a person to any benefit or other right under this chapter and the money in the retirement fund are unassignable except as specifically provided in this chapter.

(Prior code § 2904.128.)

The benefits payable under this system shall not be modified on account of any amounts paid to a retired member or beneficiary, as defined in Part 1 of this chapter, under Division 4 of the Labor Code.

(Prior code § 2904.129.)

Subject to compliance with this chapter, after a member has qualified as to service and disability for retirement for disability, or as to age and service for retirement for service, nothing shall deprive him of the right to a retirement allowance as determined under this chapter.

(Prior code § 2904.130.)

• A. A member may at any time designate, by a writing filed with the board, a beneficiary to

receive such benefits as may be payable to his beneficiary or estate under this chapter; provided, however, that a member may not designate a corporation to receive a benefit payable under Section 3.24.1930, Section 3.24.1940, or Section 3.24.1950 of Part 19 of this chapter.

• B. Except as hereinafter otherwise provided, the designation of beneficiary may be by class, subject to such conditions as may be imposed by board rule, in which case such members of the class as are in being at the time of the member's death shall be entitled as beneficiaries. The designation of a beneficiary under any of the optional settlements authorized by Part 19 of this chapter, Sections 3.24.1900 through 3.24.1950 inclusive, may not be by class.

• C. The right of any person designated as a beneficiary by a member to any benefits hereunder shall also be subject to the board's conclusive determination, upon evidence satisfactory to it, of the existence, identity or other facts relating to entitlement of such person so designated as beneficiary, and payment made by the system in reliance on any such determination made in good faith, notwithstanding that it may not have discovered a beneficiary otherwise entitled to share in the benefit, shall constitute a complete discharge and release of the system from further liability for the benefit.

(Prior code § 2904.131.)

The designation of a beneficiary under this system, other than designations under optional settlements two, three and four, may be revoked at the pleasure of the person who made it and a different beneficiary designated by a writing filed with the board.

(Prior code § 2904.132.)

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The designation of a beneficiary by a member is not affected by termination of nor a break in his membership.

(Prior code § 2904.133.)

• A. Anything elsewhere in this Part 14, or in this Chapter 3.24, or elsewhere in this Code to the contrary notwithstanding, any right, title or interest which any member of this retirement system or any other person or persons may have or may claim to have in or to any retirement or other allowance or in or to any benefit or benefits whatsoever, or in or to any moneys whatsoever, or any other right, title or interest which any person or persons may have or claim to have, under or by virtue of the provisions of this retirement system, whether such right, title or interest is vested, contingent or otherwise, may be released, relinquished and given up by such member or by such other person or persons, or may be assigned to the city or to the retirement system or retirement board by such member or other person or persons; and, upon such being done, the right, title or interest which is so released, relinquished, given up or assigned is and shall be deemed extinguished, the same as if such right, title or interest has never existed, and neither the city nor this retirement system or retirement board shall thereafter have any liability whatsoever with respect to the right, title or interest so released, extinguished or given up.

• B. If and to the extent that the city pays or gives any consideration, other than funds of this retirement system, for any above-mentioned release, relinquishment, giving up or assignment, the amount or value of the consideration paid or given by the city for said release, relinquishment, giving up or assignment, or the actuarial value of the right, title or interest

which is so released, relinquished, given up or assigned, as of the date of such release, relinquishment, giving up or assignment, whichever is the lesser amount, shall be credited against and deducted from the amount of current service contributions which the city is required to pay into the retirement fund during the following calendar months until full credit therefor is thus received by the city. (Prior code § 2904.133a.)

Compensation other than that for services as an independent contractor is forbidden one entitled to retirement allowance.

(Prior code § 2904.32.)

Part 15

SERVICE RETIREMENT GENERALLY

Sections:

• 3.24.1470 Service retirement annuity.

• 3.24.1480 Retirement allowance.

• 3.24.1490 Current service pension - Described - Table.

• 3.24.1500 Current service pension - Reinstated members.

• 3.24.1510 Prior service pension - Described.

• 3.24.1520 Prior service pension - Derivation.

On and after the effective date of this section, the provisions of this Part 15 shall no longer apply to any person to whom the provisions of Part 16 of this chapter thereafter apply. (Prior code § 2904.140a.)

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Upon retirement for service, a member is entitled to receive a service retirement allowance which shall consist of:

• A. His service retirement annuity;

• B. His current service pension;

• C. His prior service pension.

(Prior code § 2904.134.)

The service retirement annuity is the sum of the annuities which are the actuarial equivalents of the normal prior service and additional accumulated contributions of a member at the time of his retirement.

(Prior code § 2904.135.)

The retirement allowance referred to in this part excludes that portion of a member's service retirement annuity that was purchased by his accumulated additional contributions. If a member enters this system with credit for prior service, and retires after attaining age seventy, or if a member is entitled to be credited with twenty years of continuous city service and retires after attaining age sixty-five, and his retirement allowance is less than one-half of his final compensation and less than seven hundred twenty dollars per year, his prior or current service pension, as the case may be, shall be increased so as to cause his retirement allowance to amount to one-half of such final compensation, or seven hundred twenty dollars per year, whichever is less.

(Prior code § 2904.138.)

• A. The current service pension for a member is a pension derived from the contributions of the city, sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of his retirement, to equal the fraction of one-sixtieth of his final compensa-

tion set forth opposite his age at retirement, taken to the preceding completed quarter year, in the following table in the column applicable to his sex, multiplied by the number of years of current service with which he is entitled to be credited at retirement:

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§ 3.24.1490

• B. The fractions herein set forth at ages other than age sixty are based on the interest rate and mortality tables used under the San José federated employee's retirement system with respect to members on July 1, 1951, and shall be adjusted by the board in accordance with such interest and mortality tables as the board may adopt with respect to such members. Fractions required for ages below fifty-five, because of retirement for service under subsection B. of Section 3.24.1000, shall be determined by the board according to the interest rate and mortality tables then being used by the system.

(Prior code § 2904.136.)

• A. The current service pension of any member reinstated from service retirement, upon his service retirement subsequent to such reinstatement, shall be the sum of:

  1. A current service pension calculated on the basis of service rendered after such reinstatement and in accordance with Section 3.24.1490; plus

  2. His current service pension as it was prior to his reinstatement, adjusted according to any change in the provisions governing the calculation of such pensions, made after such reinstatement and applicable to pensions being paid at the date of the change; provided, that such subsequent retirement occurs before he renders after his reinstatement at least one year of city service credited under this system; or if he has rendered one year or more of city service after reinstatement, in lieu of subsection 2.; plus

  3. A current service pension based on current service rendered prior to such reinstatement, but calculated under Section 3.24.1490:

     • a. On the basis of an age, taken to the preceding completed quarter year

  • but not less than fifty-five years, and determined by deducting from his age at his subsequent retirement, the aggregate time during which he was under retirement, and

  • b. On the basis of his final compensation as it was at the date of his preceding retirement.

• B. For such a member reinstated from disability retirement, the current service disability retirement, the current service pension upon his service retirement after attaining age fiftynine, or upon his disability retirement after attaining age sixty, and subsequent to such reinstatement, shall be calculated in the manner described in the preceding sentence, but the age determined upon subsequent retirement after rendering at least one year of city service shall not be taken at less than fifty-nine years if the subsequent retirement is for service, or sixty years if such retirement is for disability.

(Prior code § 2904.136a.)

The prior service pension for a member, is an annual pension derived from the contributions of the city, sufficient, when added to the service retirement annuity that is derived from the accumulated prior service contributions of the member at the date of his retirement, to equal the fraction of one-sixtieth of his final compensation set forth opposite his age at retirement, taken to the preceding completed quarter year, in the table which appears in Section 3.24.1490, and in the column applicable to his sex, multiplied by the number of years of prior service with which he is entitled to be credited at retirement.

(Prior code § 2904.137.)

The portion of prior service pensions which is not provided by members' prior service accumulated contributions is derived from contributions of the city.

(Prior code § 2904.139.)

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• A. The prior service pension of any member reinstated from service retirement, upon his subsequent service retirement, shall be in the same amount as his prior service pension prior to his reinstatement, adjusted according to any change in the provisions governing the calculation of such pensions made after such reinstatement and applicable to pensions being paid at the date of the change; provided, that such subsequent retirement occurs before he renders after his reinstatement at least one year of city service credited under this system; otherwise the prior service pension calculated:

  1. On the basis of an age, taken to the preceding completed quarter year but not less than fifty-five years, and determined by deducting from his age at his subsequent retirement, the aggregate time during which he was under retirement; and

  2. If final compensation entered into the calculation of his prior service pension before his reinstatement, on the basis of his final compensation as it 3.24.1640 was at the date of his preceding retirement.

• B. For such a member reinstated from disability retirement, the prior service pension upon his service retirement after attaining age fiftynine, or upon his disability retirement after attaining age sixty and subsequent to such reinstatement, shall be calculated in the manner described in the preceding sentence, but the age, determined upon subsequent retirement after rendering at least one year of city service, shall not be taken at less than fiftynine years if the subsequent retirement is for service, or sixty years if such retirement is for disability.

(Prior code § 2904.140.)

Part 16

SERVICE RETIREMENT FOR CERTAIN MEMBERS ON AND AFTER EFFECTIVE DATE

Sections:

• 3.24.1550 Applicability of Part 16. 3.24.1560 Option for persons who became members prior to effective date of Part 16.

• 3.24.1570 Option - Time limit and procedures required.

• 3.24.1580 Service retirement allowance - Composition.

• 3.24.1590 Retirement allowance - Computation.

• 3.24.1600 Service retirement allowance - Maximum amount.

3.24.1610 Service retirement annuity.

• 3.24.1620 Current service pension - Described - Table.

• 3.24.1630 Current service pension - For members formerly reinstated from service retirement.

• 3.24.1640 Current service pension - For members formerly reinstated from disability retirement.

• 3.24.1650 Prior service pension - Computation.

• 3.24.1660 Prior service pension - Derivation.

• 3.24.1670 Prior service pension - For members formerly reinstated from service retirement.

• 3.24.1680 Prior service pension - For members formerly reinstated from disability retirement.

• A. The provisions of this Part 16 shall govern and be applicable only on and after the effective date of this part, and shall then apply only to

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§ 3.24.1550

the following members of the retirement system and to service retirement benefits payable to them after the effective date of this Part 16, as follows:

1. All persons who became members of this retirement system on or after the effective date of this part, excepting persons who on the effective date of this part are on service retirement or disability retirement under this retirement system who may subsequently be reinstated from such retirement;

2. Each person who became a member of the retirement system prior to the effective date of this part if he is a member of such system on said effective date and if, in addition, he is given the option hereinafter specified in Section 3.24.1560 and exercises such option in the manner and within the time specified in Section 3.24.1570 of this chapter.

• B. Any person who became a member of the retirement system prior to the effective date of this Part 16 shall not be governed by any of the provisions of this part and shall not be entitled to any of the benefits provided for or specified in this part if he is not a member of the retirement system on the effective date of this part, or if he is not given the option hereinafter specified in Section 3.24.1560, or if he is given such option but refuses or fails 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 15 of this chapter.

• (Prior code § 2904.140h.)

• A. Each member of this retirement system who became such prior to the effective date of this Part 16 shall have and is hereby given, if and only if he is a member on the effective date of this part, an option of being governed by the

provisions of this Part 16 and of being entitled to such rights and benefits as are provided for in this part, subject to the conditions, limitations, restrictions and requirements mentioned or referred to in this part or elsewhere in this chapter, in lieu of being governed by the provisions of Part 15 and in lieu of being entitled to any of the rights or benefits provided for in Part 15. Such option is not given to any person who on the effective date of this part is on service retirement or disability retirement.

• B. No such member to whom such option is given shall be governed by the provisions of this Part 16, nor be entitled to any of the rights or benefits provided for in this part, unless he exercises such option within the time specified in Section 3.24.1570, and no later, in the manner specified in said Section 3.24.1570.

• C. Each such member who exercises said option within the time and in the manner specified in said Section 3.24.1570 shall, on and after the effective date of this Part 16, be governed by the provisions of this part, and be entitled to the rights and benefits provided for in this part, subject to the abovementioned conditions, limitations, restrictions and requirements, in lieu of being governed by the provisions of Part 15, and in lieu of any rights or benefits provided for in Part 15 of this chapter.

• (Prior code § 2904.140i.)

Each such member who is given the option hereinabove specified in Section 3.24.1560 must, if he desires to exercise said option and in order to exercise the same, file with the secretary of the retirement board a written statement, on a form to be furnished to him on his request by said secretary, declaring that he elects to exercise such option. The statement shall be filed as aforesaid on or before, and no later than, the ninetieth day immediately following the effective date of this Part 16, excepting, however, that any such member who on the effective date of this part is on temporary leave

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§ 3.24.1620

from city service because of active service in the armed forces of the United States may file the statement exercising such option with the secretary on or before, and no later than, the ninetieth day immediately following the date of expiration of his said leave or his return to duty, whichever is earlier. Upon filing of said written statement with the secretary in the manner and within the time hereinabove specified, such person shall be deemed to have exercised his said option, effective from and after the effective date of this Part 16. (Prior code § 2904.140j.)

Composition.

Upon retirement for service, a member to whom the provisions of this Part 16 apply shall be entitled to receive a service retirement allowance which shall consist of:

• A. His service retirement annuities;

• B. His current service pension;

• C. His prior service pension.

(Prior code § 2904.140k.)

The retirement allowance referred to in this section excludes that portion of a member's service retirement annuity that was purchased by his accumulated additional contributions. If a member enters this system with credit for prior service and retires for service after attaining age seventy, or if a member is entitled to be credited with twenty years of continuous city service and retires from service after attaining age sixty-five, and his service retirement allowance is less than one-half of his final compensation and less than seven hundred twenty dollars per year, his prior or current service pension, as the case may be, shall be increased so as to cause his retirement allowance to amount to onehalf of such final compensation or seven hundred twenty dollars per year, whichever is less. (Prior code § 2904.140q.)

Anything elsewhere to the contrary notwithstanding, the service retirement allowance of a mem-

ber to whom the provisions of this Part 16 apply shall never exceed an amount equal to eighty-five percent of such member's final compensation. As used in this section, "service retirement allowance" means the sum of "his service retirement annuity," "his current service pension" and "his prior service pension" referred to in Section 3.24.1580 of this part, excluding, however, such portion of "his service retirement annuity" as is the actuarial equivalent of accumulated additional contributions made by a member pursuant to the provisions of Section 3.24.740.

(Prior code § 2904.140z.)

The service retirement annuity of a member who is governed by the provisions of this Part 16 is the sum of the annuities which are the actuarial equivalents of the normal prior service and the additional accumulated contributions of a member at the time of his retirement. (Prior code § 2904.140l.)

• A. Subject to other provisions of this chapter, the current service pension for a member governed by the provisions of this part is a pension derived from contributions of the city sufficient, when added to the service retirement annuity that is derived from the accumulated prior service contribution and the accumulated normal contributions of the member at the date of his retirement, and when also added to the prior service pension of such member, to equal the following: Two percent of his final compensation for each of the first twenty-five years of service (including both prior service and current service) for which such member is entitled to credit at the time of his retirement, plus one percent of his final compensation for each year of such member's service (including both prior service and current service) in excess of twenty-five years, multiplied by the retirement age factor in the

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§ 3.24.1620

second column of the following retirement age factor table opposite his age at time of retirement, taken to the preceding completed quarter year:

• B. Fractions required for ages below fifty-five because of retirement for service under subsection B. of Section 3.24.1200, shall be determined by the board.

(Prior code § 2904.140m.)

• A. If a member who is governed by the provisions of this Part 16 should retire for service pursuant to the provisions of this retirement system after the effective date of this part, and if, subsequent to being so retired for service he is reinstated to service, and if after such reinstatement to service he again retires for service hereunder, his current service pension, upon his latest retirement for service, shall be as follows:

  1. 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

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§ 3.24.1640

from his preceding service retirement, then in that event his current service pension shall be the sum of:

• a. A current service pension calculated in accordance with the provisions of Section 3.24.1620 on the basis of service rendered after such reinstatement; plus

• b. His current service pension as it was prior to said reinstatement, adjusted in accordance with any change in the provisions governing the calculation of his current service pension, made after said reinstatement, which would have applied to him had he continued in retirement.

2. If such member's latest service retirement occurs after such member renders at least one year of city service for which he is entitled to credit under this system following his preceding reinstatement from his preceding service retirement, then in that event his "current service pension" shall be the sum of:

   • a. A current service pension calculated in accordance with the provisions of Section 3.24.1620 on the basis of service rendered after such reinstatement; plus

   • b. A current service pension calculated in accordance with the provisions of Section 3.24.1620 on the basis of:

     • i. Current service rendered prior to said reinstatement,

     • ii. His age at time of his latest service retirement (taken to the preceding completed quarter year but not less than the minimum retirement age applicable to him at his latest retirement) determined by deducting from his age at his subsequent

retirement the aggregate time during which he was on retirement, and

iii. His final compensation as it was on the date of his first service retirement.

(Prior code § 2904.140n.)

If a member who is governed by the provisions of this Part 16 should retire for disability pursuant to the provisions of this retirement system after the effective date of this part, and if subsequent to being so retired for disability he is reinstated to service, and if after such reinstatement to service he retires for service hereunder, his current service pension, upon his latest retirement for service, shall be as follows:

• 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 from his preceding disability retirement, then in that event his current service pension shall be the sum of:

  1. A current service pension calculated in accordance with the provisions of Section 3.24.1620 on the basis of current service rendered after such reinstatement; plus

  2. A current service pension calculated in accordance with the provisions of Section 3.24.1620 on the basis of:

     • a. Current service rendered prior to his preceding disability retirement,

     • b. His age at the time he was retired for disability, and

     • c. His final compensation as it was on the date he was retired for disability.

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§ 3.24.1640

• B. If such members latest service retirement occurs after such member renders at least one year of city service for which he is entitled to credit under this system following his preceding disability retirement, then in that event his current service pension shall be the sum of:

  1. A current service pension calculated in accordance with the provisions of Section 3.24.1620 on the basis of current service rendered after such reinstatement, plus:

  2. A current service pension calculated in accordance with the provisions of Section 3.24.1620 on the basis of:

     • a. Current service rendered prior to his preceding disability retirement,

     • b. His age at the time of his latest service retirement (taken to the preceding completed quarter year but not less than the minimum retirement age applicable to him at his latest retirement) determined by deducting from his age at his subsequent retirement the aggregate time during which he was on retirement, and

     • c. His final compensation as it was on the date he was retired for disability.

(Prior code § 2904.140o.)

Subject to other provisions of this chapter, the prior service pension for a member governed by the provisions of this Part 16 is an annual pension derived from contributions of the city, sufficient, when added to the service retirement annuity that is derived from the accumulated prior service contributions of the member at the date of his retirement to equal the following: Two percent of his final compensation for each of the first twenty-five years

of prior service for which such member is entitled to credit at the time of his retirement, plus one percent of his final compensation for each year at his prior service in excess of his first twenty-five years of such service, multiplied by the retirement age factor specified opposite his age at time of retirement, taken to the preceding quarter year, in the second column of the retirement age factor table which is set forth in Section 3.24.1620.

(Prior code § 2904.140p.)

The portion of prior service pensions which is not provided by members' prior service accumulated contributions is derived from contributions of the city.

(Prior code § 2904.140r.)

If a member who is governed by the provisions of this Part 16 should retire for service pursuant to the provisions of this retirement system after the effective date of this part, and if subsequent to being so retired for service he is reinstated to service, and if after such reinstatement to service he retires for service hereunder, his prior service pension, upon his latest retirement for service, shall be as follows:

• 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 from his preceding service retirement, then in that event his prior service pension shall be in the same amount as his prior service pension prior to his reinstatement, adjusted in accordance with any change in the provisions governing the calculation of such prior service pension made after said reinstatement and applicable to such pensions being paid at the date of the change.

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• B. If such member's latest service retirement occurs after such member renders at least one year of city service for which he is entitled to credit under this system following his preceding reinstatement from his preceding service retirement, then in that event his prior service pension shall be calculated on the basis of:

  1. His age at the time of his latest retirement (taken to the preceding completed quarter year but not less than the minimum retirement age applicable to him at his last retirement) determined by deducting from his age at his subsequent retirement the aggregate time during which he was on retirement; and

  2. If final compensation entered into the calculation of his prior service pension before his reinstatement, on the basis of his final compensation as it was at the date of his preceding service retirement.

(Prior code § 2904.140s.)

If a member who is governed by the provisions of this Part 16 should retire for disability pursuant to the provisions of this retirement system after the effective date of this part, and if subsequent to being so retired for disability he is reinstated to service, and if after such reinstatement to service he retires for service hereunder, his prior service pension upon his latest retirement for service, shall be as follows:

from his preceding disability retirement, then in that event his prior service pension shall be calculated on the basis of:

  1. His age on the date he was previously retired for disability, taken to the preceding completed quarter year; and 

  2. His final compensation as it was on the date he was previously retired for disability. 

• B. If such member's latest service retirement occurs after such member renders at least one year of city service for which he is entitled to credit under this system following his preceding reinstatement from his preceding disability retirement, then in that event his prior service pension shall be calculated on the basis of:

  1. His age at the time of his latest service retirement taken to the preceding completed quarter year but not less than the minimum retirement age applicable to him at his last retirement, determined by deducting from his age at his subsequent retirement the aggregate time during which he was on disability retirement; and

2. If his preceding disability retirement allowance included an annuity or pension derived from his accumulated prior service contributions and from the city's prior service contributions and his final compensation entered into the calculation of such annuity or pension, on the basis of his final compensation as it was at the date of his preceding disability retirement.

(Prior code § 2904.140t.)

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

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• abolished, the maximum compensation earnable by a person holding it immediately prior to its abolition.

• 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.

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• 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.)

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• 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.)

Part 19

OPTIONAL SETTLEMENTS

Sections:

In lieu of the retirement allowance for his life alone, a member or retired member may elect, or revoke or change a previous election prior to the previous election, to have the actuarial equivalent of his retirement allowance as of the date of retirement applied to a lesser retirement allowance, in accordance with one of the optional settlements specified in this Part 19. (Prior code § 2904.146.)

Such election, revocation or change of election shall be made prior to the making of the first payment on account of any retirement allowance. If the member retired or retires before February 1, 1965, and died or dies after retirement but within thirty days from the date upon which his election or changed election is received at the office of this system, his election is of no effect, and his death shall be considered as that of a member before retirement unless the board, upon its determination that the election would have been received at the office of this system more than thirty days prior to the death but for circumstances not within the control of the member and not based upon any consideration of health, family relationship or other consideration personal to the member, accepts the election. If, however, the member retired or retires on or after February 1, 1965, his subsequent death, regardless of how soon it occurs after his retirement or after his election or after receipt of his election shall not affect his prior election, and his death shall be deemed to have occurred after his retirement. (Prior code § 2904.147.)

Optional settlement one consists of the right to have a retirement allowance paid such member until his death and if he dies before he receives in

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annuity payments the amount of his accumulated contributions at retirement, to have the balance at death paid to his beneficiary or estate. (Prior code § 2904.148.)

Optional settlement two consists of the right to have a retirement allowance paid him until his death and thereafter to his beneficiary for life. (Prior code § 2904.149.)

Optional settlement three consists of the right to have a retirement allowance paid him until his death and thereafter to have one-half of his retirement allowance paid to his beneficiary for life. (Prior code § 2904.150.)

Optional settlement four consists of such other benefits as are the actuarial equivalent of his retirement allowance, that he may select subject to the approval of the board. However, the actuarial equivalent of benefits under this optional settlement payable to the member's beneficiary shall not exceed the actuarial equivalent of the benefits which would be payable to that beneficiary if the member had elected optional settlement two. (Prior code § 2904.151.)

Part 20

DEATH

Sections:

• 3.24.2020 Basic death benefits - Election procedures.

• 3.24.2030 Payment on death of one receiving retirement allowance.

• 3.24.2040 Death prior to retirement - Payment to spouse, children or estate.

Upon the death, before the effective date of his retirement or before his retirement is approved, whichever is the later, of a member while in the city service, or within four months after discontinuance of city service, provided he has not been paid more than one-fourth of his accumulated normal contributions, or while physically or mentally incapacitated for the performance of his duty, if such incapacity has been continuous from discontinuance of city service, this system is liable for a death benefit, payable to his estate or to his beneficiary. Upon the death, before the effective date of his retirement or before his retirement is approved, whichever is the later, of a member under circumstances in which this system is not so liable for the death benefit, this system is liable for a limited death benefit which consists only of accumulated contributions of the member, payable to his estate or his beneficiary. (Prior code § 2904.152.)

The basic death benefit shall consist of:

• A. His accumulated contributions;

• B. An amount provided from contributions by the city equal to one-twelfth of the annual compensation earnable by the deceased member during the twelve months immediately preceding his death, multiplied by the number of completed years of service under the system, but not to exceed one-half of such compensation.

• (Prior code § 2904.153.)

• A. A member may elect or by a writing filed with the board to have all or part of the basic death benefit paid in monthly installments, fixed in number or amount and not involving life contingency, subject to such rules as the board may adopt. Regular interest shall be credited on the unpaid balance of benefits payable.

• B. If a member dies without having made an election under subsection A. of this section,

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his beneficiary, after the death of the member and prior to the payment to him of the basic death benefit or any part thereof, may elect by a writing filed with the board to have the basic death benefit paid to him in the manner provided in subsection A. of this section.

• C. When an election has been made to have the basic death benefit paid in accordance with subsection A. of this section, the first of such installments shall be paid on the first day of the month next following the date when the basic death benefit would otherwise be payable, and one of such installments shall be paid on the first day of each month thereafter. Such monthly installments shall be the actuarial equivalent of the portion of the basic death benefit to be paid in installments on the date that such basic death benefit would otherwise be payable.

• D. The board may provide that any election by a member or by a beneficiary under the provisions of this section is void if the amount of this monthly installment is less than the minimum amount fixed by the board.

(Prior code § 2904.154.)

Upon the death of any person, after retirement and while receiving a retirement allowance from this system, there shall be paid to his estate or to such beneficiary as he shall nominate by written designation duly executed and filed with the board, the sum of five hundred dollars, to be provided from contributions by the city. (Prior code § 2904.155.)

• A. Upon the death while in city service and before the effective date of his retirement of a member who has attained the minimum age for voluntary service retirement applicable to him at the time of his death and who is credited with twenty or more years of city service,

a monthly allowance equal to one-half of the unmodified retirement allowance which the member would have been entitled to receive if he had retired for service on the date of his death shall be payable as follows:

1. If the deceased member was a male and is survived by a surviving wife, said monthly allowance shall be paid to his surviving wife for as long as she lives; or

2. If the deceased member was a female and is survived by a surviving husband, said monthly allowance shall be paid to the surviving husband for as long as he lives; or

3. If the deceased member is not survived by either a surviving wife or surviving husband, but is survived by a surviving unmarried child or children under the age of eighteen years, said monthly allowance shall be paid to such of his or her said children as are both unmarried and under the age of eighteen years, share and share alike, until each has either married or attained the age of eighteen years, whichever is the earlier; provided, that no child shall be entitled to or be paid any allowance under this section after marrying or attaining the age of eighteen years.

4. If the deceased member is survived by a surviving wife or surviving husband and such surviving wife or surviving husband subsequently dies before all children of the deceased member shall have either married or attained the age of eighteen years, said monthly allowance shall then be paid to such of his said children, if any, as are unmarried and under the age of eighteen years, share and share alike, until each has either married or attained the age of eighteen years; provided, that no child shall be entitled to or be paid any allowance after marrying or attaining the age of eighteen years.

5. If the deceased member is not survived by a surviving wife or surviving husband

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or by any surviving children who are unmarried and under the age of eighteen years, no monthly allowance shall be payable under this section.

member's death, and "child" includes a posthumously born child of the deceased member. (Prior code § 2904.156.)

Part 21

• B. The allowance provided by this section shall be paid in lieu of the basic death benefit, but the surviving wife or surviving husband, or, if there is no surviving wife or surviving husband, all of the surviving children, if any, who qualify for said monthly allowance, may elect, before any monthly allowance is paid to any person under this section, to receive said basic death benefit in lieu of said monthly allowance, in which event the basic death benefit shall be paid to whomsoever is entitled to the same and no allowance shall be paid to any person under this section.

ng husband, all of the surviving children, if any, who qualify for said monthly allowance, may elect, before any monthly allowance is paid to any person under this section, to receive said basic death benefit in lieu of said monthly allowance, in which event the basic death benefit shall be paid to whomsoever is entitled to the same and no allowance shall be paid to any person under this section.

• C. If the total of all monthly allowances paid or payable under this section is less than the basic death benefit which would have been otherwise payable on account of the member's death, the amount of such basic death benefit less the total amount of all allowances paid under this section shall be paid in a lump sum to the surviving children, if any, of the deceased member, share and share alike, or, if there are no such children, to the estate of the person last receiving said allowance.

• D. The board shall compute the amount by which benefits paid pursuant to this section exceed the benefits which would otherwise be payable, and shall charge any such excess against the contributions of the city so that there shall be no increase in contributions of the members by reason of benefits paid pursuant to this section.

• E. As used in this section, a "surviving wife" means a wife who was married to the deceased member at the time of the member's death and for at least one year immediately preceding his death, a "surviving husband" means a husband who was married to the deceased member at the time of the member's death and for at least one year immediately preceding the

SPECIAL BENEFITS FOR CERTAIN FORMER HEALTH DEPARTMENT EMPLOYEES

Sections:

• 3.24.2080 Death benefit where deceased had twenty years' service and was at least fifty-five years old.

• 3.24.2090 Discontinuance of service - Election to leave accumulated contributions in fund.

• 3.24.2100 Reentry into city service.

• 3.24.2110 Additional costs to be borne by city.

• 3.24.2120 Reference to other parts or sections.

• A. Subject to the conditions, limitations, restrictions and requirements hereinafter set forth or contained in this section or in other sections of this Part 21, any person employed on June 30, 1968, in the city's health department who on July 1, 1968 was employed by the county of Santa Clara in the Santa Clara County health department shall have an option to elect to obtain the special benefits provided for in this part, in lieu of any other rights or benefits provided by other provisions of this part, if all of the following requirements and conditions are met and satisfied:

  1. Such person was on June 30, 1968, a member of this retirement system; and

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2. Such person's employment in the health department of the city was terminated, from any cause, on June 30, 1968; and

3. At the time of termination of said person's employment in said health department of the city, such person had standing to his credit in this retirement system accumulated contributions of five hundred dollars or more; and

4. Such person shall not have withdrawn from the retirement fund pursuant to Section 3.24.510 any portion of his accumulated contributions or, if he shall have withdrawn any such accumulated contributions pursuant to such Section 3.24.510, he repays to the secretary, for deposit in the retirement fund, at the time he exercises the option herein granted to him, an amount of money equal to all accumulated contributions theretofore withdrawn by him pursuant to said Section 3.24.510; and

5. Such person shall not have retired, nor shall have received any retirement benefits, pursuant to the provisions of this retirement system.

• B. No such person to whom such option is hereinabove given shall be governed by the provisions of this Part 21, nor be entitled to any of the rights or benefits provided for in this Part 21, unless he exercises such option in the manner and within the time specified in this section, and no later.

• C. Each such person who exercises said option within the time and in the manner specified in this section shall on and after the exercise of such option be governed by the provisions of this Part 21, and be entitled to the rights and benefits provided for in this part, subject to the abovementioned conditions, limitations, restrictions, and requirements, in lieu of being governed by any other provision of this chapter and in lieu of being entitled to any other rights or benefits provided by other provisions of Chapter 3.24.

xercise of such option be governed by the provisions of this Part 21, and be entitled to the rights and benefits provided for in this part, subject to the abovementioned conditions, limitations, restrictions, and requirements, in lieu of being governed by any other provision of this chapter and in lieu of being entitled to any other rights or benefits provided by other provisions of Chapter 3.24.

• D. Each person who is given the option specified in this section must, if he desires to exercise said option and in order to exercise the same, file with the secretary of the retirement board a written statement on a form to be furnished to him on his request by said secretary, declaring that he elects to exercise said option, and must in addition, if he shall have already withdrawn any accumulated contributions pursuant to Section 3.24.510, pay to the said secretary for redeposit in the retirement fund any and all accumulated contributions theretofore withdrawn by him pursuant to said Section 3.24.510. Said statement shall be filed and said moneys shall be paid as aforesaid on or before, and no later than December 31, 1969.

• E. Upon filing said written statement and payment of such money in the manner and within the time hereinabove specified, such person shall be deemed to have exercised his said option.

• F. Each person who is eligible for and who exercises the abovementioned option in the time and manner specified in this section shall continue to be a member of the retirement system established by this chapter, but shall be entitled only to the allowance and benefits provided for in this Part 21, and to no other benefits or allowances.

(Prior code § 2904.160.)

• A. If a person who is eligible for and entitled to the option specified in Section 3.24.2050 exercises such option in the manner and time specified in said Section 3.24.2050 and such person's employment with the county of Santa Clara continues without interruption from July 1, 1968, until terminated by his retirement, either for services or for disability, under and pursuant to a retirement plan or system of the county, then in that event such person, upon being so retired from county service, shall be deemed to have retired for the same cause from city service, as of the day of his retirement from county service.

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• B. Upon such retirement from city service, such person shall be entitled to receive, and shall be paid, from the retirement fund established by this retirement plan or system, a monthly service retirement allowance or, if his retirement from county service is for disability, a monthly disability retirement allowance. Such monthly service retirement or monthly disability retirement allowance, as the case may be, shall be an amount of money which, when added to the monthly retirement allowance which such person will be entitled to receive under and pursuant to any applicable county retirement plan or system, will make the total amount of such city allowance and county allowance equal to the monthly service retirement allowance, or the monthly disability retirement allowance if the retirement is for disability, which such person would be entitled to receive under and pursuant to the provisions of this retirement system (other than the provisions of this Part 21), as it existed on June 30, 1968, if such person were entitled to have credited to him as city service all county service for which he is entitled to credit under the county retirement system or plan and if such county service had been rendered for the city at the same rate of compensation as that paid him by the county for such service.

• C. In determining or computing the amount of any of the abovementioned city or county allowances, no modification shall be made because of said person's election to have part of his allowance paid to himself during his life and a part paid after his death to any survivor, estate or other person under any option, settlement provision or provisions existing in either the city's retirement system or in the county's retirement system.

However, nothing herein contained shall be deemed to prohibit such person from exercising any optional settlement rights granted him by a county retirement system or plan. Also, if any person retiring from city service pursuant to the provisions of this Section 3.24.2060 should wish to have part of

his above-specified city retirement allowance paid to himself during his life and a part paid after his death to a survivor, estate or other person under and pursuant to the optional settlement provisions of Part 19 of this chapter, he shall have the right to have such done under and pursuant to and subject to the provisions of said Part 19.

• D. If after retiring from county and city service as aforesaid any said person should become reinstated into county service, his city retirement and city retirement allowance shall cease as of the date he is reinstated into county service, and except to the extent hereinafter otherwise expressly provided, neither he nor his estate or any of his survivors shall thereafter have any right to any retirement allowance, or any right to any allowance under any optional retirement provision. However, if after being so reinstated into county service he should again be retired from county service, he shall then again be deemed to have retired, for the same cause, from city service as of the date of his last retirement from county service, and shall be entitled to a city retirement allowance in an amount determined and calculated in accordance with the above provisions of this section, and shall have such other rights as are hereinabove expressly granted by the above provisions of this section with respect to his retirement.

• E. The provisions of this section shall not be applicable, and a person shall have no rights thereunder, if such person's employment with the county, commenced on July 1, 1968, is terminated by means for any reason other than service retirement or disability retirement, even though at the time of termination of such county service, or subsequent thereto, such person is or becomes entitled to a retirement allowance or any other benefit under the county's retirement system or plan.

(Prior code § 2904.161.)

• A. In each of the following situations, to wit:

  1. Where a person who is eligible for and entitled to the option specified in Section

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3.24.2050 exercises such option in the manner and time specified in said Section 3.24.2050, and such person's employment with the county of Santa Clara continues without interruption from July 1, 1968, until termination by his death before retirement and while in county service; or

2. Where a person who is eligible for and entitled to the option specified in Section 3.24.2050 exercises such option in the manner and time specified in said Section 3.24.2050, and such person subsequently retires from city service pursuant to the provisions of Section 3.24.2060 and then dies within four months from and after the effective date of his said retirement without having received from the city, for or because of such retirement, benefits or allowances totaling more than one-quarter of his total accumulated contributions in the retirement system; or

3. Where a person who is eligible for and entitled to the option specified in Section 3.24.2050 exercises such option in the manner and time specified in said Section 3.24.2050, and such person's service with and for the county of Santa Clara is subsequently discontinued by means other than retirement, because of physical or mental incapacity for the performance of duty, and such discontinuance and incapacity continues without interruption from the time of his discontinuance of county service until his death, and such person has not withdrawn any of his accumulated contribution from either the county's or the city's retirement system; such person's designated beneficiary, or his estate if no beneficiary shall have been designated, shall be entitled to receive, and shall be paid, from the retirement

fund established by the provisions of this chapter, as a death benefit, the following sums of money:

• a. All of such person's accumulated contributions, if any, in this retirement system; and

• b. An amount of money equal to onetwelfth of such person's annual compensation during the twelve months immediately preceding the termination of his service with and for the county of Santa Clara, multiplied by the total number of completed years of service for which he is entitled to credit under his retirement system and under said county's retirement system, but not to exceed a maximum of one-half of such annual compensation, reduced by the amount of death benefit, excluding return of accumulated contributions paid or payable to such beneficiary and/or estate under the county's retirement system.

• B. Subject to the provisions of Section 3.24.2020, the person because of whose death such death benefit is payable may elect prior to his death, or his beneficiary may elect after his death, to have said death benefit paid in installments as provided in Section 3.24.2020 of this chapter.

• C. In no event shall any beneficiary, estate or other person be entitled to any payments under the provisions of this section if any person is paid or becomes entitled to any allowance or benefits under the provisions of Section 3.24.2080.

(Prior code § 2904.162.)

• A. If a person who is eligible for and entitled to the option specified in Section 3.24.2050 exercises such option in the manner and time specified in such Section 3.24.2050, and if in addi-

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tion such person's employment with the county of Santa Clara continues without interruption from July 1, 1968, until terminated by his death before retirement and while in county service, and if in addition such person at the time of his said death had already attained the age of fifty-five years and was entitled to credit, under the retirement system of the county of Santa Clara and under this retirement system for a total of twenty or more years of county and city service, then in that event a monthly allowance equal to one-half of the monthly service retirement allowance which such person would have been entitled to receive pursuant to the provisions of Section 3.24.2060 from the retirement fund established by this retirement plan or system if as of the date of his death he had retired from county and city service pursuant to the provisions of said Section 3.24.2060, shall be paid to the following persons, as follows:

1. If the abovementioned deceased person leaves a surviving spouse, to his surviving spouse for as long as such surviving spouse lives or until such surviving spouse remarries, whichever is earlier; and thereafter, collectively to those surviving children, if any, of the abovementioned deceased person who are under the age of eighteen years and unmarried until all such children attain the age of eighteen years, become married or die, whichever is earlier; provided that no child shall be entitled to receive or be paid any allowance after he or she marries, attains the age of eighteen years or dies;

2. If the abovementioned deceased person leaves no surviving spouse, but leaves surviving unmarried children under the age of eighteen years, collectively to those surviving unmarried children who are under the age of eighteen years until all such children become married, attain eighteen years of age or die, whichever is earlier; provided that no child shall be

entitled to receive or be paid any allowance after he or she marries, attains the age of eighteen years or dies.

• B. If the abovementioned deceased person leaves no surviving spouse and no unmarried children under the age of eighteen years at the time of his death, no allowance shall be payable or paid under or pursuant to the provisions of this section.

• C. Any allowance payable or paid under or pursuant to the provisions of this section shall be in lieu of any benefits payable under or pursuant to the provisions of Section 3.24.2070; however, a person, or such person's guardian, qualifying for an allowance under this section may elect, before receiving any such allowance, to receive the benefits payable under Section 3.24.2070 in lieu of receiving or being entitled to receive any allowance or allowances under this section.

ction shall be in lieu of any benefits payable under or pursuant to the provisions of Section 3.24.2070; however, a person, or such person's guardian, qualifying for an allowance under this section may elect, before receiving any such allowance, to receive the benefits payable under Section 3.24.2070 in lieu of receiving or being entitled to receive any allowance or allowances under this section.

• D. As used in this section, "surviving spouse" means a surviving husband or wife who was married to the abovementioned deceased person for at least one year immediately prior to the deceased person's death, and "surviving child" includes a surviving posthumously born child.

• E. If, after all payments to which any person or persons may be entitled under the above provisions of this section have been paid, the total of such payments made under the above provisions of this section are less than the basic death benefit which would otherwise have been payable under Section 3.24.2070 because of said person's death, then in that event the amount of such basic death benefit, less the amount of all payments made under and pursuant to this section, shall be paid in a lump sum as follows:

  1. If the person last entitled to the allowance provided by this section was the surviving spouse of the abovementioned deceased person, and such surviving

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spouse has remarried and is alive, such sum shall be paid to such remarried spouse;

2. Otherwise, to the surviving children of the abovementioned deceased person, share and share alike, or if there are no surviving children, to the estate of the person last entitled to any allowance under this section.

(Prior code § 2904.163.)

• A. 1. If a person who is eligible for and entitled to the option specified in Section 3.24.2050 exercises such option in the manner and time specified in said Section 3.24.2050, and if in addition such person's employment with the county of Santa Clara is discontinued by reason of resignation or discharge, or by reason of layoff or leave of absence deemed by the administering board of the retirement system of the county to have resulted in permanent discontinuance (and in such case, as of the date of the determination by said board that the discontinuance is permanent), or if the disability retirement of such person under both the county's retirement system and under the city's retirement system is followed by cessation of the disability and cancellation of the disability allowance such person was receiving from the county retirement system and also the disability allowance such person was receiving from this retirement system and such person does not reenter county or city service or employment, and if, in addition, the total amount of such person's accumulated contributions standing to his credit at such time in this city's retirement system is five hundred dollars or more, he shall have the right to elect, not later than ninety days

after the date upon which notice of such right is mailed by this system to such person's latest address on file in the office of this system, whether to allow all or part (but in no event less than five hundred dollars) of his accumulated contributions to remain in the retirement fund of this system. Failure to make such election shall be deemed an irrevocable election to withdraw his accumulated contributions unless the member is entitled to credit for twenty years of service with the city. An election to allow all or part of one's accumulated contributions to remain in the retirement fund established by this system may be revoked at any time as to all the contributions allowed to remain in the fund, or as to any part of them in excess of five hundred dollars; and all contributions covered by such revocation may then be withdrawn.

2. Upon withdrawal of any accumulated contributions, the member withdrawing the same shall lose, and shall not be entitled to any credit for any city service on account of which such withdrawn contributions had theretofore been paid into this system's retirement fund. In determining the city service for which a member is no longer entitled to credit upon withdrawal of all or part of his contributions, the withdrawn contributions shall be deemed to have been paid into the retirement fund on account of the latest city service rendered by such person to the city, or on account of his earliest such service if so requested by such person at the time he withdraws his contributions.

3. Such person may at any time, if he so elects, voluntarily relinquish such right as he may have to be credited for city service during such periods of time as may be designated by him without withdrawing any contributions paid by him because of such city service, provided he

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retains credit for not less than five years of continuous city service; and in such event, determining his eligibility for or the amount of any benefits to which he may become entitled, he shall be given no credit for any service so relinquished by him, and any contributions left in the fund which were made because of the service for which he has relinquished credit shall be treated as additional contributions made pursuant to Section 3.24.590 or Section 3.24.740.

4. If such person does elect in the above circumstances to allow his accumulated contributions to remain in the retirement fund established by this system, his membership in this system shall be deemed to continue, and he shall be entitled to retirement for service or disability upon satisfying the requirements for such retirement as contained in other parts of this chapter, as such parts exist and are worded on July 1, 1968, except that he shall not be subject to the minimum service requirements. After qualification of such member for retirement by reason of age or disability, he shall be entitled to receive a retirement allowance based upon the amount of his accumulated contributions and city service standing to his credit at the time of retirement and on the city employer contributions held for him, and calculated in the manner provided by the provisions of other parts of this chapter, as they read on June 30, 1968, for determination of the amount of such allowance for other members of this system except that the provisions of this chapter for minimum service and disability retirement allowances do not apply to him unless he meets the minimum service requirements therefor. In the event such member should die before retiring pursuant to the provisions of this section, a death benefit equal to his accumulated

B. 1.

contributions in this retirement system shall be paid to his designated beneficiary or to his estate if he fails to designate a beneficiary, unless a death benefit is payable under the provisions of Section 3.24.2070, in which latter event the death benefit payable under Section 3.24.2070 shall be deemed to be in lieu of any death benefit provided for herein and no death benefit shall be payable under the provisions of this section.

em shall be paid to his designated beneficiary or to his estate if he fails to designate a beneficiary, unless a death benefit is payable under the provisions of Section 3.24.2070, in which latter event the death benefit payable under Section 3.24.2070 shall be deemed to be in lieu of any death benefit provided for herein and no death benefit shall be payable under the provisions of this section.

In the event that the retirement system of the county of Santa Clara should also give to said member the right, in the above-specified circumstances, to continue to be a member of the county retirement system and to subsequently become entitled to service or disability retirement under the county system at the same time that such person could retire under the provisions of subsection A. of this section, and if such member should subsequently retire for service or disability under the county's system pursuant to such provisions of the county's retirement system at the same time that he retires under the city's retirement system pursuant to the above provisions of subsection A. of this section, then and in that event the monthly service retirement allowance or monthly disability retirement allowance, as the case may be, which such person shall be entitled to receive from the retirement fund established by this city system shall be, in lieu of the amount hereinabove specified in subsection A., an amount of money which when added to the monthly retirement allowance which such person will be entitled to receive under and pursuant to the county retirement system, will make the total amount of such city allowance and county allowance equal the monthly service retirement allowance, or the monthly disability retirement allowance if the retire-

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ment is for disability, which such persons would be entitled to receive under and pursuant to the provisions of subsection A. of this section if such person were entitled to have credited to him as city service all county service for which he is entitled to credit under the county retirement system and if such county service had been rendered for the city at the same rate of compensation as that paid to him by the county for such service.

would be entitled to receive under and pursuant to the provisions of subsection A. of this section if such person were entitled to have credited to him as city service all county service for which he is entitled to credit under the county retirement system and if such county service had been rendered for the city at the same rate of compensation as that paid to him by the county for such service.

2. In determining or computing the amount of any of the abovementioned city or county allowances, no modification shall be made because of said person's election to have part of his allowance paid to himself during his life and a part paid after his death to any survivor, estate or other person under any optional settlement provision or provisions existing in either the city's retirement system or in the county's retirement system. However, nothing herein contained shall be deemed to prohibit such person from exercising any optional settlement rights granted him by a county retirement system or plan. Also, if any person retiring from city service pursuant to the provisions of this Section 3.24.2090 should wish to have part of his above-specified city retirement allowance paid to himself during his life and a part paid after his death to a survivor, estate or other person under and pursuant to the optional settlement provisions of Part 19 of this chapter, he shall have the right to have such done under and pursuant to and subject to the provisions of said Part 19.

3. If after retiring from county and city service as aforesaid any said person should become reinstated into county service, his city retirement and city retirement allowance shall cease as of the date he is reinstated into county service, and, except to the extent hereinafter otherwise

expressly provided, neither he nor his estate or any of his survivors or beneficiaries shall thereafter have any right to any retirement allowance or any right to any allowance under any optional retirement provision. However, if after being so reinstated into county service he should again be retired from county service, he shall then again be deemed to have retired, for the same cause, from city service as of the date of his last retirement from county services, and shall be entitled to a city retirement allowance in an amount determined and calculated in accordance with the above provisions of this section, and shall have such other rights as are hereinabove expressly granted by the above provisions of this section with respect to his first retirement. (Prior cede § 2904.164.)

• A. If after retiring from city service under and pursuant to the provisions of Section 3.24.2060 or 3.24.2090 of this part such retired person should again become an officer or employee of the City of San José, other than as a member of the city council or member of a city board or commission, his city retirement and city retirement allowance shall cease as of the date he is reemployed by the city, and, except to the extent hereinafter otherwise expressly provided in this section, neither he nor his estate or any of his survivors or beneficiaries shall thereafter have any right to any retirement allowance, or any right to any allowance under any optional settlement provision, or any other right under the provisions of this chapter. If such person's new employment with the city is in a position which entitles him to membership in the retirement system established by the provisions of this chapter, he shall thenceforth have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter; pro-

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vided and excepting, however, that if he should subsequently retire under and pursuant to the provisions of other parts of this chapter, and if at the time he so retires pursuant to provisions of other parts he is receiving or is or becomes entitled to receive a retirement allowance from the county of Santa Clara because of county service rendered after July 1, 1968, then in that event only he shall have the right to receive, if he so elects, on retiring from city service under this retirement system, while he is receiving a retirement allowance from the county of Santa Clara, a monthly retirement allowance from the city determined and calculated as provided in Section 3.24.2060. The last-mentioned election must be made prior to the time he is granted retirement.

B. If a person who is eligible for and entitled to the option specified in Section 3.24.2050 exercises such option in the manner and time specified in Section 3.24.2050, but such person's employment with the county of Santa Clara does not continue without interruption from July 1, 1968 until terminated by his retirement either for service or disability under and pursuant to the retirement plan or system of said county, and such person should subsequently again become an officer or employee of the city, he shall thenceforth have no rights whatsoever to any allowances or benefits under the provisions of this Part 21, except such as may hereinafter be expressly granted by the provisions of this section. If such person's said new employment with the city is in a position which entitles him to membership in the retirement system established by the provisions of this chapter, he shall thenceforth have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter; provided, and excepting, however, that if such person's employment with the county of Santa Clara had been discontinued under and by virtue of circumstances or reasons specified in Section 3.24.2090, and if in addition upon so discon-

his chapter, he shall thenceforth have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter; provided, and excepting, however, that if such person's employment with the county of Santa Clara had been discontinued under and by virtue of circumstances or reasons specified in Section 3.24.2090, and if in addition upon so discon-

tinuing his employment with the county such person was entitled to continue and has continued his membership in the county's retirement system as described in subsection B. of Section 3.24.2090, and if in addition such person, at the same time that he should subsequently retire from city service under the retirement system established by this chapter should also be eligible to retire and does retire for or from county service under the county's retirement system, then in that event only he shall have the right to receive, if he so elects, on retiring from city service under this retirement system while he is receiving a retirement allowance from the county, a monthly retirement allowance from the city determined and calculated as provided in Section 3.24.2060. The last-mentioned election must be made prior to the time he is granted retirement. (Prior code § 2904.165.)

All additional costs incurred by this retirement system because of any special benefits provided by the provisions of this Part 21 to any city officers or employees or former officers or employees over and above such benefits as would be provided to such employees by provisions of other parts of this chapter if this Part 21 has not been adopted shall be borne and paid for by the city. (Prior code § 2904.167.)

Whenever reference is made by any of the provisions of this Part 21 to any other part, or to any sections contained in any other part of this chapter, such reference shall be deemed to be made to such other part or section or sections as it or they existed on June 30, 1968. (Prior code § 2904.166.)

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Part 22

SPECIAL BENEFITS FOR CERTAIN FORMER COMMUNICATIONS DEPARTMENT EMPLOYEES

Sections:

• 3.24.2160 Special retirement allowance.

• 3.24.2170 Basic death benefit.

• 3.24.2180 Death benefit where deceased had twenty years' service and was at least fifty-five years old.

• 3.24.2190 Discontinuance of service - Election to leave accumulated contributions in fund.

• 3.24.2200 Reentry into city service.

• 3.24.2210 Return to city employment.

• 3.24.2220 Retirement at age fifty-five - Less than five years of county service.

• 3.24.2230 Additional costs to be borne by city.

• 3.24.2240 Reference to other parts or sections.

• A. Subject to the conditions, limitations, restrictions and requirements hereinafter set forth or contained in this section or in other sections of this Part 22, any person employed on September 8, 1974, in the city's communications department who on September 9, 1974, was employed by the county of Santa Clara in the Santa Clara County communications department shall have an option to elect to obtain the special benefits provided for in this part, in lieu of any other rights or benefits provided by other provisions of this part, if all of the following requirements and conditions are met and satisfied:

  1. Such person was on September 8, 1974, a member of this retirement system; and

  2. Such person's employment in the communications department of the city was terminated, from any cause, on September 8, 1974; and

  3. At the time of termination of said person's employment in the communications department of the city such person had standing to his credit in this retirement system accumulated contributions of five hundred dollars or more; and

  4. Such person shall not have withdrawn from the retirement fund pursuant to Section 3.24.510 any portion of his accumulated contributions, or, if he shall have withdrawn any such accumulated contributions pursuant to such Section 3.24.510, he repays to the secretary, for deposit in the retirement fund, at the time he exercises the option herein granted to him, an amount of money equal to all accumulated contributions theretofore withdrawn by him pursuant to said Section 3.24.510; and

  5. Such person shall not have retired, nor shall have received any retirement benefits, pursuant to the provisions of this retirement system.

• B. No such person to whom such option is hereinabove given shall be governed by the provisions of this Part 22; nor be entitled to any of the rights or benefits provided for in this Part 22 unless he exercises such option in the manner and within the time specified in this section and no later.

• C. Each such person who exercises said option within the time and in the manner specified in this section shall on and after the exercise of such option be governed by the provisions of this Part 22, and be entitled to the rights and benefits provided for in this part, subject to the abovementioned conditions, limitations, restrictions and requirements, in lieu of being governed by any other provision of this chapter and in lieu of being entitled to any other rights or benefits provided by other provisions of this chapter.

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• D. Each person who is given the option specified in this section must, if he desires to exercise said option and in order to exercise the same, file with the secretary of the retirement board a written statement on a form to be furnished to him on his request by said secretary, declaring that he elects to exercise said option, and must in addition, if he shall have already withdrawn any accumulated contributions pursuant to Section 3.24.510, pay to the said secretary, for redeposit in the retirement fund, any and all accumulated contributions theretofore withdrawn by him pursuant to said Section 3.24.510. Said statement shall be filed and said moneys shall be paid as aforesaid on or before and no later than December 31, 1974.

• E. Upon filing such written statement and payment of such money in the manner and within the time hereinabove specified, such person shall be deemed to have exercised his option.

• F. Each person who is eligible for and who exercises the abovementioned option in the time and manner specified in this section shall continue to be a member of the retirement system established by this chapter, but shall be entitled only to the allowance and benefits provided for in this Part 22, and to no other benefits or allowances.

• (Prior code § 2904.168.)

• A. If a person who is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in said Section 3.24.2150, and such person's employment with the county of Santa Clara continues without interruption from September 9, 1974 until termination by his retirement, either for service or for disability, under and pursuant to a retirement plan or system of said county, then in that event such person upon being so retired from county service shall be deemed to have retired, for the same cause, from city service, as of the day of his retirement from county service.

• B. Upon such retirement from city service, such person shall be entitled to receive, and shall be paid, from the retirement fund established by this retirement plan or system, a monthly service retirement allowance or, if his retirement from county service is for disability, a monthly disability retirement allowance. Such monthly service retirement or monthly disability retirement allowance, as the case may be, shall be an amount of money which, when added to the monthly retirement allowance which such person will be entitled to receive under and pursuant to any applicable county retirement plan or system, will make the total amount of such city allowance and county allowance equal to the monthly service retirement allowance, or the monthly disability retirement allowance if the retirement is for disability, which such person would be entitled to receive under and pursuant to the provisions of this retirement system (other than the provisions of this Part 22), as it existed on September 8, 1974, if such person were entitled to have credited to him, as city service, all county service for which he is entitled to credit under the county retirement system or plan and if such county service had been rendered for the city at the same rate of compensation as that paid him by the county for such service.

• C. In determining or computing the amount of any of the abovementioned city or county allowances, no modification shall be made because of such person's election to have part of his allowance paid to himself during his life and a part paid after his death to any survivor, estate or other person under any option, settlement provision or provisions existing in either the city's retirement system or in the county's retirement system. However, nothing herein contained shall be deemed to prohibit such person from exercising any optional settlement rights granted him by a county retirement system or plan. Also, if any person retiring from city service pursuant to the provisions of this Section 3.24.2160 should wish to have

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part of his above-specified city retirement allowance paid to himself during his life and a part paid after his death to a survivor, estate or other person under and pursuant to the optional settlement provisions of Part 19 of this chapter, he shall have the right to have such done under and pursuant to and subject to the provisions of Part 19 of this chapter.

• D. If after retiring from county and city service as aforesaid any said person should become reinstated into county service, his city retirement and city retirement allowance shall cease as of the date he is reinstated into county service, and except to the extent hereinafter otherwise expressly provided, neither he nor his estate or any of his survivors shall thereafter have any right to any retirement allowance, or any right to any allowance under any optional retirement provision. However, if after being so reinstated into county service he should again be retired from county service, he shall then again be deemed to have retired, for the same cause, from city service as of the date of his last retirement from county service, and shall be entitled to a city retirement allowance in an amount determined and calculated in accordance with the above provisions of this section, and shall have such other rights as are hereinabove expressly granted by the above provisions of this section with respect to his retirement.

• E. The provisions of this section shall not be applicable, and a person shall have no rights thereunder, if such person's employment with the county commenced on September 9, 1974, is terminated by means or for any reason other than service retirement or disability retirement, even though at the time of termination of such county service, or subsequent thereto, such person is or becomes entitled to a retirement allowance or any other benefit under the county's retirement system or plan.

• (Prior code § 2904.169.)

• A. In each of the following situations:

  1. Where a person who is eligible for and entitled to the option specified in Section 3.24.2150, and such person's employment with the county of Santa Clara continues without interruption from September 9, 1974 until termination by his death before retirement and while in the county service; or

  2. Where a person is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in said Section 3.24.2150, and such person subsequently retires from city service pursuant to the provisions of Section 3.24.2160 and then dies within four months from and after the effective date of this said retirement without having received from the city, for or because of such retirement, benefits or allowances totaling more than one-quarter of his total accumulated contributions in the retirement system; or

  3. Where a person who is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in said Section 3.24.2150, and such person's service with and for the county of Santa Clara is subsequently discontinued by means other than retirement, because of physical or mental incapacity for the performance of duty, and such discontinuance and incapacity continues without interruption from the time of his discontinuance of county service until his death, and such person has not withdrawn any of his accumulated contribution from either the county's or the city's retirement system; such person's designated beneficiary, or his estate if no beneficiary shall have been designated, shall be entitled to receive, and shall be paid, from the retirement

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fund established by the provisions of this part, as a death benefit, the following sums of money:

• a. All of such person's accumulated contributions, if any, in this retirement system; and

• b. An amount of money equal to onetwelfth of such person's annual compensation during the twelve months immediately preceding the termination of his service with and for the county of Santa Clara, multiplied by the total number of completed years of service for which he is entitled to credit under his retirement system and under said county's retirement system, but not to exceed a maximum of one-half of such annual compensation, reduced by the amount of death benefit, excluding return of accumulated contributions, paid or payable to such beneficiary and/or estate under the said county's retirement system.

• B. Subject to the provisions of Section 3.24.2020, the person because of whose death such death benefit is payable may elect prior to his death, or his beneficiary may elect after his death, to have said death benefit paid in installments as provided in Section 3.24.2020 of this chapter.

• C. In no event shall any beneficiary, estate or other person be entitled to any payments under the provisions of this section if any person is paid or becomes entitled to any allowance or benefits under the provisions of Section 3.24.2180.

(Prior code § 2904.170.)

• A. If a person who is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in such Section 3.24.2150, and if in addi-

tion such person's employment with the county of Santa Clara continues without interruption from September 9, 1974 until terminated by his death before retirement and while in county service, and if in addition such person at the time of his said death had already attained the age of fifty-five years and was entitled to credit, under the retirement system of the county of Santa Clara and under this retirement system, for a total of twenty or more years of county and city service, then in that event a monthly allowance equal to one-half of the monthly service retirement allowance which such person would have been entitled to receive pursuant to the provisions of Section 3.24.2160 from the retirement fund established by this retirement plan or system if as of the date of his death he had retired from county and city service pursuant to the provisions of said Section 3.24.2160, shall be paid to the following persons, as follows:

1. If the abovementioned deceased person leaves a surviving spouse, to his surviving spouse for as long as such surviving spouse lives or until such surviving spouse remarries, whichever is earlier; and thereafter, collectively to those surviving children, if any, of the abovementioned deceased person who are under the age of eighteen years and unmarried until all such children attain the age of eighteen years, become married or die, whichever is earlier; provided that no child shall be entitled to receive or be paid any allowance after he or she marries, attains the age of eighteen years or dies;

2. If the abovementioned deceased person leaves no surviving spouse, but leaves surviving unmarried children under the age of eighteen years, collectively to those surviving unmarried children who are under the age of eighteen years until all such children become married, attain eighteen years of age or die, whichever is earlier; provided that no child shall be

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entitled to receive or be paid any allowance after he or she marries, attains the age of eighteen years or dies.

• B. If the abovementioned deceased person leaves no surviving spouse and no unmarried children under the age of eighteen years at the time of his death, no allowance shall be payable or paid under or pursuant to the provisions of this section.

• C. Any allowance payable or paid under or pursuant to the provisions of this section shall be in lieu of any benefits payable under or pursuant to the provisions of Section 3.24.2170; however, a person, or such person's guardian, qualifying for an allowance under this section may elect, before receiving any such allowance, to receive the benefits payable under Section 3.24.2170 in lieu of receiving or being entitled to receive any allowance or allowances under this section.

ction shall be in lieu of any benefits payable under or pursuant to the provisions of Section 3.24.2170; however, a person, or such person's guardian, qualifying for an allowance under this section may elect, before receiving any such allowance, to receive the benefits payable under Section 3.24.2170 in lieu of receiving or being entitled to receive any allowance or allowances under this section.

• D. As used in this section, "surviving spouse" means a surviving husband or wife who was married to the abovementioned deceased person for at least one year immediately prior to the deceased person's death, and "surviving child" includes a surviving posthumously born child.

• E. If, after all payments to which any person or persons may be entitled under the above provisions of this section have been paid, the total of such payments made under the above provisions of this section are less than the basic death benefit which would otherwise have been payable under Section 3.24.2170 because of said person's death, then in that event the amount of such basic death benefit, less the amount of all payments made under and pursuant to this section, shall be paid in a lump sum as follows:

  1. If the person last entitled to the allowance provided by this section was the surviving spouse of the abovementioned deceased person, and such surviving

spouse has remarried and is alive, such sum shall be paid to such remarried spouse;

2. Otherwise, to the surviving children of the abovementioned deceased person, share and share alike, or if there are no surviving children, to the estate of the person last entitled to any allowance under this section.

(Prior code § 2904.171.)

• A. 1. If a person who is eligible for and entitled to the option specified in said Section 3.24.2150 exercises such option in the manner and time specified in said Section 3.24.2150, and if, in addition, such person's employment with the county of Santa Clara is discontinued by reason of resignation or discharge, or by reason of layoff or leave of absence deemed by the administering board of the retirement system of the county to have resulted in permanent discontinuance (and in such case, as of the date of the determination by said board that the discontinuance is permanent), or if the disability retirement of such person under both the county's retirement system and under the city's retirement system is followed by cessation of the disability and cancellation of the disability allowance such person was receiving from the county retirement system and also the disability allowance such person was receiving from this retirement system and such person does not reenter county or city service or employment, and if in addition the total amount of such person's accumulated contributions standing to his credit at such time in this city's retirement system is five hundred dollars or more, he shall have the right to elect, not later than ninety days

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§ 3.24.2190

after the date upon which notice of such right is mailed by this system to such person's latest address on file in the office of this system, whether to allow all or part (but in no event less than five hundred dollars) of his accumulated contributions to remain in the retirement fund of this system. Failure to make such election shall be deemed an irrevocable election to withdraw his accumulated contributions unless the member is entitled to credit for twenty years of service with the city. An election to allow all or part of one's accumulated contributions to remain in the retirement fund established by this system may be revoked at any time as to all the contributions allowed to remain in the fund, or as to any part of them in excess of five hundred dollars; and all contributions covered by such revocation may then be withdrawn.

2. Upon withdrawal of any accumulated contributions, the member withdrawing the same shall lose, and shall not be entitled to any credit for, any city service on account of which such withdrawn contributions had theretofore been paid into this system's retirement fund. In determining the city service for which a member is no longer entitled to credit upon withdrawal of all or part of his contributions, the withdrawn contributions shall be deemed to have been paid into the retirement fund on account of the latest city service rendered by such person to the city, or on account of his earliest such service if so requested by such person at the time he withdraws his contributions.

he city service for which a member is no longer entitled to credit upon withdrawal of all or part of his contributions, the withdrawn contributions shall be deemed to have been paid into the retirement fund on account of the latest city service rendered by such person to the city, or on account of his earliest such service if so requested by such person at the time he withdraws his contributions.

3. Such person may at any time, if he so elects, voluntarily relinquish such right as he may have to be credited for city service during such periods of time as may be designated by him without withdrawing any contributions paid by him because of such city service, provided he

   • retains credit for not less than five years of continuous city service; and in such event, in determining his eligibility for or the amount of any benefits to which he may become entitled, he shall be given no credit for any service so relinquished by him, and any contributions left in the fund which were made because of the service for which he has relinquished credit shall be treated as additional contributions made pursuant to Section 3.24.590 or Section 3.24.740.

4. If such person does elect, in the above circumstances, to allow his accumulated contributions to remain in the retirement fund established by this system, his membership in this system shall be deemed to continue, and he shall be entitled to retirement for service or disability upon satisfying the requirements for such retirement as contained in other parts of this chapter, as such parts exist and are worded on September 9, 1974, except that he shall not be subject to the minimum service requirements. After qualification of such member for retirement by reason of age or disability, he shall be entitled to receive a retirement allowance based upon the amount of his accumulated contributions and city service standing to his credit at the time of retirement and on the city employer contributions held for him, and calculated in the manner provided by the provisions of other parts of this chapter, as they read on September 8, 1974, for determination of the amount of such allowance for other members of this system except that the provisions of this chapter for minimum service and disability retirement allowances do not apply to him unless he meets the minimum service requirements therefor. In the event such member should die before retiring pursuant to the provisions of this section, a death benefit equal to his accumulated

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contributions in this retirement system shall be paid to his designated beneficiary, or to his estate if he fails to designate a beneficiary, unless a death benefit is payable under the provisions of Section 3.24.2170 in which latter event the death benefit payable under Section 3.24.2170 shall be deemed to be in lieu of any death benefit provided for herein and no death benefit shall be payable under the provisions of this section.

em shall be paid to his designated beneficiary, or to his estate if he fails to designate a beneficiary, unless a death benefit is payable under the provisions of Section 3.24.2170 in which latter event the death benefit payable under Section 3.24.2170 shall be deemed to be in lieu of any death benefit provided for herein and no death benefit shall be payable under the provisions of this section.

B. 1. In the event that the retirement system of the county of Santa Clara should also give to said member the right in the abovespecified circumstances, to continue to be a member of the county retirement system and do subsequently become entitled to service or disability retirement under the county system at the same time that such person could retire under the provisions of subsection A. of this section, and if such member should subsequently retire for service or disability under the county's system pursuant to such provisions of the county's retirement system at the same time that he retires under the city's retirement system pursuant to the above provisions of subsection A. of this section, then in that event the monthly service retirement allowance or monthly disability retirement allowance, as the case may be, which such person shall be entitled to receive from the retirement fund established by this city system shall be, in lieu of the amount hereinabove specified in subsection A., an amount of money which, when added to the monthly retirement allowance which such person will be entitled to receive under and pursuant to the county retirement system, will make the total amount of such city allowance and county allowance equal the monthly service retirement allowance, or the monthly disability retirement allowance if the retirement is for disability, which

such persons would be entitled to receive under and pursuant to the provisions of subsection A. of this section if such person were entitled to have credited to him as city service all county service for which he is entitled to credit under the county retirement system and if such county service had been rendered at the same rate of compensation as that paid to him by the county for such service.

2. In determining or computing the amount of any of the abovementioned city or county allowances, no modification shall be made because of said person's election to have part of his allowance paid to himself during his life and a part paid after his death to any survivor, estate or other person under any optional settlement provision or provisions existing in either the city's retirement system or in the county's retirement system. However, nothing herein contained shall be deemed to prohibit such person from exercising any optional settlement rights granted him by a county retirement system or plan. Also, if any person retiring from city service pursuant to the provisions of this Section 3.24.2190 should wish to have part of his above-specified city retirement allowance paid to himself during his life and a part paid after his death to a survivor, estate or other person under and pursuant to the optional settlement provisions of Part 19 of this chapter, he shall have the right to have such done under and pursuant to and subject to the provisions of said Part 19.

3. If, after retiring from county and city service as aforesaid, any such person should become reinstated into county service, his city retirement and city requirement allowance shall cease as of the date he is reinstated into county service, and, except to the extent hereinafter otherwise expressly provided, neither he nor his es-

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• tate or any of his survivors or beneficiaries shall thereafter have any right to any retirement allowance or any right to any allowance under any optional retirement provision. However, if after being so reinstated into county service he should again be retired from county service, he shall then again be deemed to have retired, for the same cause, from city service as of the date of his last retirement from county services, and shall be entitled to a city retirement allowance in an amount determined and calculated in accordance with the above provisions of this section, and shall have such other rights as are hereinabove expressly granted by the above provisions of this section with respect to his first retirement.

(Prior code § 2904.172.)

• A. If after retiring from city service under and pursuant to the provisions of Sections 3.24.2160 or 3.24.2190 such retired person should again become an officer or employee of the City of San José, other than as a member of the city council or member of a city board or commission, his city retirement and city retirement allowance shall cease as of the date he is re-employed by the city, and, except to the extent hereinafter otherwise expressly provided in this section, neither he nor his estate or any of his survivors or beneficiaries shall thereafter have any right to any retirement allowance, or any right to any allowance under any optional settlement provision, or any other right under the provisions of this chapter. If such person's new employment with the city is in a position which entitles him to membership in the retirement system established by the provisions of this chapter, he shall thenceforth have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter; provided and excepting, however, that if he should

  • subsequently retire under and pursuant to the provisions of other parts of this chapter, and if at the time he so retires pursuant to provisions of such other parts he is receiving or is or becomes entitled to receive a retirement allowance from the county of Santa Clara because of county service rendered after September 9, 1974, then in that event only he shall have the right to receive, if he so elects, on retiring from city service under this retirement system, while he is receiving a retirement allowance from the county of Santa Clara, a monthly retirement allowance from the city determined and calculated as provided in Section 3.24.2160. The last-mentioned election must be made prior to the time he is granted retirement.

in that event only he shall have the right to receive, if he so elects, on retiring from city service under this retirement system, while he is receiving a retirement allowance from the county of Santa Clara, a monthly retirement allowance from the city determined and calculated as provided in Section 3.24.2160. The last-mentioned election must be made prior to the time he is granted retirement.

• B. If a person who is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in Section 3.24.2150, but such person's employment with the county of Santa Clara does not continue without interruption from September 9, 1974, until terminated by his retirement, either for service or disability, under and pursuant to the retirement plan or system of said county, and such person should subsequently again become an officer or employee of the city, he shall thenceforth have no rights whatsoever to any allowances or benefits under the provisions of this Part 22, except such as may hereinafter be expressly granted by the provisions of this section. If such person's said new employment with the city is in a position entitling him to membership in the retirement system established by the provisions of this chapter, he shall thenceforth have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter; provided and excepting, however, that if such person's employment with the county of Santa Clara had been discontinued under and by virtue of circumstances or reasons specified in Section 3.24.2190, and if in addition upon so discontinuing his employment with the county such

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• person was entitled to continue and has continued his membership in the county's retirement system as described in subsection B. of Section 3.24.2190, and if in addition such person, at the same time that he should subsequently retire from city service under the retirement system established by this chapter should also be eligible to retire and does retire for or from county service under the county's retirement system, then in that event only he shall have the right to receive, if he so elects, on retiring from city service under this retirement system while he is receiving a retirement allowance from the county, a monthly retirement allowance from the city determined and calculated as provided in Section 3.24.2160. The last-mentioned election must be made prior to the time he is granted retirement.

(Prior code § 2904.173.)

• A. Either:

  1. Any person who is eligible for and entitled to the option specified in Section 3.24.2150 and who exercises such option in the manner and time specified in Section 3.24.2150; or

  2. Any person employed on September 8, 1974, in the communications department of the city who on September 9, 1974 was employed in the communications department of the county of Santa Clara, who had five hundred dollars or more of accumulated contributions standing to his credit in this system on September 8, 1974, all of which contributions were withdrawn by such person upon county employment; who is not entitled to service or disability retirement in the county system; and

  3. Whose employment with the county of Santa Clara terminated for any reason on or before March 7, 1975, and who returned to city employment on or before March 7, 1975; or

  4. Who is laid off from the county and returns to city employment on or before September 8, 1976, shall be entitled to credit under this system for service rendered to the county by contributing, within thirty days after returning to city employment, to this system for such period of county service, an amount of money such person would have been required to contribute to this system had he been a city employee during his period of county employment based upon his county rate of compensation, and his compensation for retirement purposes shall for such period of county service be computed at the rate of pay paid him by the county for such service.

• B. In the event any person returns to city service under this section, the other sections of Part 22 shall not apply to him, and he shall have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter, except insofar as additional rights, if any, are given by this Section 3.24.2210.

(Prior code § 2904.174.)

• A. Any person who is eligible for and entitled to the option specified in Section 3.24.2150 who exercises such option in the manner and time specified in said Section 3.24.2150 whose employment with the county of Santa Clara continues without interruption from September 9, 1974 until he reaches age fifty-five, who is otherwise eligible to retire for service under and pursuant to a retirement plan or system of the county, except that he does not have five years of county service, who terminates his employment with the county at age fifty-five, shall be deemed to have retired from city service and eligible for service retirement benefits under other parts of this chapter as of the day of such termination, if he contributes, within

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thirty days after such termination, to this system for his period of county service the amount of money he would have been required to contribute to this system had he been a city employee during his period of county employment based upon his county rate of compensation, and his compensation for retirement purposes shall for such period of county service be computed at the rate of compensation paid him by the county for such service.

B. In the event that such person elects to contribute said amount under the conditions above stated, the other sections of Part 22 shall not apply to him, and he shall have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter, except insofar as additional rights, if any, are given by this section. (Prior code § 2904.175.)

All additional costs incurred by this retirement system because of any special benefits provided by the provisions of this Part 22 to any city officers or employees or former officers or employees over and above such benefits as would be provided to such employees by provisions of other parts of this chapter if this Part 22 had not been adopted shall be borne and paid for by the city. (Prior code § 2904.177.)

Whenever reference is made by any of the provisions of this Part 22 to any other parts, or to any sections contained in any other part of this chapter, such reference shall be deemed to be made to such other part or section or sections as it or they existed on September 8, 1974. (Prior code § 2904.176.)