Chapter 3.40 — INCREASE IN CERTAIN MONTHLY ALLOWANCES

Subject to and except as otherwise provided by other provisions of this Chapter 3.40, each monthly retirement allowance which becomes payable under any retirement plan or system of the city (excepting the Federal Old Age and Survivor's Insurance System or any other federal or state social security system) for any month after December 31, 1968, to any member or former member of any such city retirement plan or system because of his retirement under such city plan or system on or before December 31, 1966, from or on account of his service to the city, shall be increased by the percentage set forth in the following Table 1 opposite the period of time within which such member or former member retired from or because of service to the City of San José, as follows:

Table 1

Period of Time Percentage

Jan. 1, 1939, to Dec. 31, 1941 154.8

Jan. 1, 1942, to Dec. 31, 1942 115.2

Jan. 1, 1943, to Dec. 31, 1943 98.1

Jan. 1, 1944, to Dec. 31, 1945 97.2

Jan. 1, 1946, to Dec. 31, 1946 85.2

Jan. 1, 1947, to Dec. 31, 1948 62.1

Jan. 1, 1949, to Dec. 31, 1949 48.6

Jan. 1, 1950, to Dec. 31, 1950 51.4

Jan. 1, 1951, to Dec. 31, 1951 39.7

Jan. 1, 1952, to Dec. 31, 1955 33.3

Jan. 1, 1956, to Dec. 31, 1956 30.6

Jan. 1, 1957, to Dec. 31, 1957 25.2

Jan. 1, 1958, to Dec. 31, 1958 20.7

Jan. 1, 1959, to Dec. 31, 1959 19.8

Jan. 1, 1960, to Dec. 31, 1960 17.1

Jan. 1, 1961, to Dec. 31, 1961 16.2

Jan. 1, 1962, to Dec. 31, 1962 14.4

Jan. 1, 1963, to Dec. 31, 1963 12.6

Jan. 1, 1964, to Dec. 31, 1964 10.8

Jan. 1, 1965, to Dec. 31, 1965 9.0

Jan. 1, 1966, to Dec. 31, 1966 7.2

(Prior code § 2904.400.)

certain city retirement plans who retired on or prior to December 31, 1966.

Subject to and except as otherwise provided by other provisions of this Chapter 3.40, each monthly survivorship allowance which becomes payable under and pursuant to the provisions of Part 8, survivorship and death benefits of Chapter 3.36 of this Code, or under and pursuant to the provisions of Part 19, Optional Settlements of Chapter 3.24 of this Code, or under and pursuant to the provisions of Section 3.36.1630 or 3.36.1790 or for any month after December 31, 1968, to any beneficiary (designated pursuant to Section 3.24.1920, 3.24.1930 or 3.24.1940 of this Code), or any survivor, of any deceased member or deceased former member of the city retirement plan or system of which the above provisions of

the San José Municipal Code are a part who retired on or prior to December 31, 1966, under and pursuant to such retirement plan or system from or on account of his service to the city, shall be increased by the percentage specified in Table 1 set forth in the preceding Section 3.40.010 opposite the period of time within which such member or former member retired from or on account of service to the city.

(Prior code § 2904.401.)

plans or systems who died on or prior to December 31, 1966, while still in the service of the city and prior to retirement.

Subject to and except as otherwise provided by other provisions of this Chapter 3.40, each monthly survivorship allowance which becomes payable under and pursuant to the provisions of Part 8, Survivorship and Death Benefits of Chapter 3.36 of this Code, or under and pursuant to the provisions of Section 3.24.2040 of the San José Municipal Code, for any month after December 31, 1968, to any survivor of any deceased member, of the city retirement system or plan of which the above provisions of the San José Municipal Code are a part, who died on or prior to December 31, 1966, while still in the service of the city and prior to retirement, shall be increased by the percentage specified in Table 1 set forth in Section 3.40.010 of this chapter opposite the period of time within which said deceased member died.

(Prior code § 2904.402.)

3.36.1790 to certain survivors of certain deceased former members of the city retirement system of which the above sections are a part, who died on or before December 31, 1966, after leaving the service of the city and before becoming entitled to any allowance under said sections.

Subject to and except as otherwise provided by other provisions of this Chapter 3.40, each monthly survivorship allowance which becomes payable under and pursuant to the provisions of Section 3.36.1790 of this Code for any month after December 31, 1968, to any survivor of any deceased former member of the city retirement plan or system of which the above code provisions are a part, who died on or prior to December 31, 1966, after leaving the service of the city and before becoming entitled to any allowance under Section 3.36.1630 or Section 3.36.1790 of this Code, shall be increased by the percentage specified in Table 1 set forth in Section 3.40.010 opposite the period of time within which such former member died.

(Prior code § 2904.403.)

For purposes of this Chapter 3.40, a member or former member of any retirement plan or system of the city whose employment by the city was terminated by his retiring therefrom pursuant to such plan or system shall be deemed to have retired from service of the city as of the day immediately following the last day of his employment by the city; and a member or former member of any such retirement plan or system whose employment by the city was terminated by resignation, layoff or discharge prior to the time he became eligible under monthly retirement allowance, but who subsequently became eligible under said plan or system to receive a monthly allowance pursuant to the provisions of Section 3.24.510, 3.36.1630 or 3.36.1790 of this Code or any other provision of any retirement plan or system of the city which permits a

member of any such plan or system, upon termination of his employment with the city, to leave his contributions in the plan or system, pay subsequent additional contributions as may be required and subsequently, upon reaching a specified age, receive a monthly allowance under such plan or system on account of his previous service with the city, shall be deemed to have retired on account of his service to the city as of the first day of the first month for which he receives or is entitled to receive, a monthly allowance pursuant to the above-specified sections or provisions, and in such case his said monthly allowance shall be deemed to be a monthly retirement allowance.

(Prior code § 2904.404.)

A.

Anything elsewhere in this Chapter 3.40 to the contrary notwithstanding, none of the provisions of this Chapter 3.40 shall be deemed to authorize or provide for:

Any increase in the amount of any monthly allowance which was, is or may become payable under any retirement plan or system for any month, or portion thereof, preceding January 1, 1969;

Any increase in the amount of any monthly allowance which was, is or may become payable to any member or former member of any retirement plan who did not retire thereunder on or prior to December 31, 1966, or who, if he did retire thereunder on or prior to said date, is not living as of January 1, 1969; or

Any increase in the amount of any monthly allowance which was, is or may become payable to any survivor or survivors of any member or former member of any retirement plan who retired or retired thereunder after December 31, 1966; or

Any increase in the amount of any monthly allowance or portion thereof purchased by additional contributions of any employee pursuant to the provisions of Section 3.20.400, 3.20.410, 3.24.590 or 3.24.740, or other similar sections of the San José Municipal Code; or

Any increase in the amount of any allowance or payment paid, payable or made pursuant to the Workmen's Compensation Act of the state or other similar law, ordinance or regulation; or

B.

Any increase in the amount of any allowance or payment paid, payable or made pursuant to the provisions of Section 3.24.510 of this Code unless the member or former member because of whose service such an

allowance is payable has or had to his credit in the retirement system of which said section is a part, at the time of commencement of his retirement, at least five years of service.

(Prior code § 2904.405.)

The respective retirement boards of the city shall, for those retirement plans or systems over which they have jurisdiction, compute the amounts by which the increased monthly retirement allowances and increased monthly survivorship allowances paid pursuant to the provisions of this Chapter 3.40 exceed the monthly retirement allowances and monthly survivorship allowances which would otherwise be payable under such plans or systems in the absence of this Chapter 3.40, and shall charge any such increase to the city, so that there shall be no increase in contributions required from employees or from those entitled to such increases. The city shall, each quarter year, reimburse each retirement system for the amount of such increases in the preceding quarter years because of the provisions of this Chapter 3.40.

(Prior code § 2904.406.)

The city council may amend, modify or repeal all or any of the provisions of this Chapter 3.40 any time or from time-to-time in order to increase, reduce or extinguish the increase in monthly allowances 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 increases herein provided for, such increases being granted subject to the reservations herein mentioned.

(Prior code § 2904.407.)

month after July 1, 1980.

Subject to the provisions of Section 3.40.080, each monthly retirement allowance and each monthly survivorship allowance which becomes payable to any person by reason of the provisions of any retirement plan or system of the city, not including this section, by reason of the retirement or death of a member, on or before June 30, 1975, in the case of a member of the retirement systems embraced by Chapters 3.16, 3.20, 3.24 and 3.28 of the San José Municipal Code, and on or before June 30, 1972, in the case of a member of the systems embraced by Chapters 3.32 and 3.36 of the San José Municipal Code, shall be increased each month from and after July 1, 1980, in the case of retirement allowances by the amount of four dollars and eighty-eight cents times the full years of service of the member to whom payment is made, and in the case of survivorship allowances by the amount of two dollars and forty-four cents times the full years of service of the deceased member to whose survivor payment is made. Notwithstanding the foregoing, if monthly survivorship allowances are to be paid to more than one survivor of a deceased member, in no event shall the total of all monthly retirement allowances to be paid to all such survivors exceed the sum of two dollars and forty-four cents times the full years of service of the deceased member, and the monthly survivorship allowance of each survivor shall be increased in accordance with the following formula:

Amount of monthly = $2.44 × Full years of service of × Amount of monthly survivorship survivorship allowance to be deceased member allowance paid to the particular paid to a particular survivor survivor in question _____

Total monthly survivorship

allowance paid to all survivors of the deceased member

In no event shall any such increase provided for herein apply or be paid to any member who retires for service with less than five years of service or to the survivor of any such member. Any increases provided for hereunder shall be funded pursuant to Section 3.40.070.

(Ord. 20316.)