Chapter 3.41

SURVIVORSHIP ALLOWANCES FOR SURVIVING SPOUSES OF FORMER MEMBERS OF POLICE OR FIRE DEPARTMENT

Sections:

• 3.41.010 Definitions.

• 3.41.020 Regular survivorship allowance.

• 3.41.030 Cost-of-living increases or decreases.

• 3.41.040 Costs to be borne by city.

• 3.41.050 Reserved power of council to amend, modify or repeal provisions of this chapter.

Unless the context otherwise requires, as used in this chapter the following terms have the following meanings:

1. "Chapter 3.32 plan" means the police and fire department retirement plan established under Chapter 3.32 of Title 3, including any retirement plan continued in existence under said Chapter 3.32.

2. "Former member" means a former member of the police department or fire department who retired (for service or disability) under the Chapter 3.32 plan prior to April 12, 1960, and died after December 31, 1979.

3. "Surviving spouse" means the person surviving a former member to whom such former member was married both at the

time of such former member's retirement and at the time of such former member's death, and no other person.

4. "Former member's retirement allowance" means the amount of monthly retirement allowance which a former member was entitled to receive under the Chapter 3.32 plan, including increases therein up to the time of his death authorized under the provisions of Chapter 3.40 and Chapter 3.44 of Title 3.

(Prior code § 2904.420; Ord. 20041.)

Upon the death of a former member, the surviving spouse of the former member shall, upon the death of the decedent and until the death of such surviving spouse, be entitled to receive, and shall be paid, a monthly survivorship allowance equal to fifty-six and twenty-five hundredths percent of the former member's retirement allowance. (Prior code § 2904.421; Ord. 20041.)

The survivorship allowance payable under the provisions of Section 3.41.020 shall be increased or decreased in the same way that survivorship allowances subject to the provisions of Chapter 3.44 of Title 3 are increased or decreased under the provisions of said Chapter 3.44; provided that in no event shall any survivorship allowance authorized under this chapter ever be decreased below the amount the recipient is entitled to under Section 3.41.020. To this end, the provisions of said Chapter 3.44 shall be deemed to apply to the survivorship allowance provided for under this chapter, but only to the extent necessary to effectuate the purposes of the preceding sentence. To the extent that any of the provisions of said Chapter 3.44 are not required to effectuate said purposes, they shall not be deemed to apply to this chapter; and to the extent that any of the provisions of said Chapter 3.44 are inconsistent with the provisions of this chapter, the provisions of this chapter shall govern and control. (For example, and without limiting the generality of the

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PERSONNEL

§ 3.42.010

preceding sentence, the provisions of Section 3.44.020 shall not be deemed to apply to this chapter.)

(Prior code § 2904.422; Ord. 20041.)

The cost of the survivorship allowance provided under Sections 3.41.020 and 3.41.030 shall be borne entirely by the city and shall not be charged to the police and fire department retirement fund or to the police and fire cost-of-living fund. However, although the cost of such allowance shall not be borne by said funds, such allowance may, at the option of the city, be disbursed through said funds, provided that the city contributes and pays into said funds the full amount of the moneys required for the payment of such allowance. (Prior code § 2904.423; Ord. 20041.)

The city council of the City of San José may amend, modify or repeal all or any of the provisions of this Chapter 3.41 at any time or from time to time in order to increase, reduce or extinguish the monthly allowances herein provided for, and the enactment of this part shall not in any way be deemed to give any person any irrevocable or vested right to the monthly allowances herein provided for, such allowances being granted subject to the reservations herein mentioned.

(Prior code § 2904.424; Ord. 20041.)