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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§ 3.24.900

• 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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§ 3.24.950

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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§ 3.24.950

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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• 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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§ 3.24.1080

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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§ 3.24.1080

• 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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• 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-

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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§ 3.24.1090

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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§ 3.24.1180

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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§ 3.24.1180

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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§ 3.24.1300

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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§ 3.24.1400

• 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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• 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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• 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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§ 3.24.1680

• 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.)