Chapter 3.43

INCREASE IN CERTAIN MONTHLY ALLOWANCES PAYABLE FROM THE FEDERATED CITY EMPLOYEES RETIREMENT FUND

Sections:

• 3.43.010 Definitions.

• 3.43.020 Increase in allowances payable for any month after July 1, 1988.

• 3.43.030 Costs of increase.

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PERSONNEL

§ 3.43.040

For the purposes of this chapter, the following definitions shall apply.

• A. "Monthly allowance" means the monthly retirement allowance or monthly survivorship allowance payable pursuant to the provisions of Chapter 3.24 or Chapter 3.28 of the San José Municipal Code, including any increase in any monthly allowance as provided in Chapter 3.40 or Chapter 3.44 of the municipal code.

• B. "Benefit years" means the years a former member or the survivor of a former member has received a monthly allowance, calculated as follows:

  1. In the case of a retirement allowance paid to a former member, the benefit years are those complete years calculated from the date of retirement to and including June 30, 1987.

  2. In the case of a survivorship allowance paid to the survivor of a former member who died prior to retirement, the benefit years are those complete years calculated from the date of the death of the former member to and including June 30, 1987.

  3. In the case of a survivorship allowance paid to the survivor of a former member who died after retirement, the benefit years are those complete years calculated from the date of the former member's retirement to and including June 30, 1987.

• C. "Former member" means a person who was a member of the federated city employees retirement system set forth in Chapter 3.24 or Chapter 3.28 of this Code

and who, on or before July 1, 1986, retired from city employment for service or disability pursuant to the provisions of said system or who, on or before July 1, 1986, died during his or her employment with the city.

(Ord. 22809.)

Subject to the provisions of Section 3.43.050, each monthly retirement allowance and each monthly survivorship allowance which becomes payable on or after July 1, 1988, to any person pursuant to Chapter 3.24 or Chapter 3.28 by reason of the retirement or death of a former member of the federated city employees retirement system on or before July 1, 1986, shall be increased with the following formula:

Amount of increase = 0.01 × Monthly in monthly allowance allowance × Number of benefit years as defined in Section 3.42.010B.

(Ord. 22809.)

The costs of the increases in monthly allowances provided by Section 3.43.020 shall be borne by and paid from the federated city employees retirement fund.

(Ord. 22809.)

• A. Except as otherwise provided in this section, the allowance payable pursuant to Section 3.43.020 shall be increased or decreased in the same way that allowances subject to Chapter 3.44 of this Code are increased or decreased pursuant to said Chapter 3.44.

• B. Subject to the provisions of Section 3.43.050, in no event shall the allowance payable pursuant to Section 3.43.020 be decreased below the amount which the recipient is to receive under Section 3.43.020 as of July 1988.

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SAN JOSÉ CODE

§ 3.43.040

• C. To the extent the provisions of Chapter 3.44 of this Code are inconsistent with the provisions of this chapter, the provisions of this chapter shall govern and control.

• (Ord. 22809.)

The city council of the City of San José may amend, modify or repeal any or all of the provisions of this chapter at any time or from time to time in order to increase, reduce or extinguish the monthly allowance herein provided for, and the enactment of this chapter shall not in any way be deemed to give any person any irrevocable or vested right to the monthly allowances herein provided, such allowances expressly being granted subject to the reservations of this section. (Ord. 22809.)