Part 5 — FEDERATED CITY SERVICE

Unless the context otherwise requires, the definitions set forth in this Part 5 govern the construction and interpretation of provisions of this retirement system as set forth in this Chapter 3.28.

(Prior code § 2904.1200.)

A.

Subject to other provisions of this retirement system as set forth in this Chapter 3.28, the term "federated city service," as used in this Chapter 3.28, means service for which a member of this system is entitled to credit and for which the member shall receive credit under this system.

B.

Subject to such exclusions and exceptions and to such conditions and limitations as are set forth in this chapter, "federated city service" shall be deemed to include the following service, and none other, as follows:

City service rendered by a member prior to July 1, 1975, and before becoming a member of this system, by a person who became a member of this system pursuant to Sections 3.28.400 through 3.28.430 where such service meets the following requirements:

a.

With respect to a person who became a member of this system pursuant to Section 3.28.400 or Section 3.28.430, the service rendered prior to July 1, 1975, was service for which the person was entitled to credit under the Chapter 3.24 retirement system as of the time the person became a member of this system.

b.

With respect to a person who became a member of this system pursuant to Section 3.28.410 or Section 3.28.420, the service rendered prior to July 1, 1975, was service for which the person was entitled to credit under the Chapter 3.24 retirement system as of the time the person retired under the Chapter 3.24 system.

If a member became entitled to credit for any such service under the Chapter 3.24 retirement system only for the purpose of qualifying for benefits and not for the purpose of determining the amount of benefits to which the member might become entitled, the credit the member shall receive under this system for such service shall be subject to the same limitation.

Service rendered by a member on or after July 1, 1975, as an employee of the city, for the city and for compensation, provided such service is rendered by such member both while receiving such compensation and while a member of this system.

Military service rendered by a member on or after July 1, 1975, while a member of this system if, and only if, the member is or becomes entitled to credit for such service under the provisions of Section 3.28.630, and then only to the extent and for the purpose specified in said section.

Absence of a member from federated city service on or after July 1, 1975, while a member of this system, because of service-connected injury or illness if, and only if, said member is or becomes entitled to credit for such absence under the provisions of Section 3.28.640, and then only to the extent and for the purpose specified in said section.

Service rendered by a member prior to the time he or she becomes a member of this system for which the member was entitled to credit under the provisions of a police and fire department retirement plan of the city if, and only if, said member becomes entitled to credit for such service under the provisions of Section 3.28.650 or Section 3.28.660.

Absence of a member from federated city service on or after July 1, 1975, while a member of this system, because of paid holiday or leave of absence with full compensation provided that the member continues to make contributions to the retirement fund during such absence.

Additional service credit as provided in Section 3.28.2120 of Part 18, Section 3.28.2220 of Part 19, or Section 3.28.2320 of Part 20 of this chapter.

Absence of a member without compensation because of a city hall closure where all of the conditions of Section 3.28.685 are satisfied.

Eligible prior service credit purchased by a member in accordance with Sections 3.28.690 and 3.28.691.

(Prior code § 2904.1201; Ords. 22573, 23366, 24107, 24346, 24807, 25732.)

As used in this retirement system, the term "federated city service" shall not be deemed to mean or include any of the following service, the latter being hereby excluded and excepted from the definition of "federated city 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 qualified him for membership in this system, and he is required by virtue of his said office or position to render such service as a member of a city board or commission;

C.

Except as permitted by Part 22, 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 (a) of Section 1101 of the Charter of the city, in the event of an emergency, to perform services required because of and during such emergency;

E.

Service rendered as a volunteer member of any police, fire or civil defense department, or of any police, fire or civil defense force 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.

Except as permitted by Part 22, service rendered while employed pursuant to any relief or antipoverty program where such employment is primarily for the purpose of giving relief or aid to such employees;

I.

Except as otherwise provided by Section 3.28.670, part-time service rendered by a member prior to July 1, 1975, for which he was not entitled to any credit under the Chapter 3.24 retirement system;

J.

Part-time service rendered on or after July 1, 1975, other than:

Part-time service rendered on or after said date by a part-time employee who becomes a member pursuant to Section 3.28.400 or Section 3.28.440; and

Part-time service rendered on or after said date by any other member if such part-time service follows, without a break in service, the rendition of full-time service by said member; and

Eligible prior service purchased by a member in accordance with Part 22.

K.

Except as may be otherwise provided in Sections 3.28.650 and 3.28.660 of this part or in Part 21, service rendered by a person while he is a member of the police and fire department retirement plan established by the provisions of Chapter 3.32 of the San José municipal code, or the police and fire department retirement plan established by the provisions of Chapter 3.36 of the San José municipal code, or any other retirement or pension plan or system (other than this system, the Chapter 3.24 retirement system, the system established by the provisions of Chapter 3.20 of this Code, the system established by the provisions of Chapter 3.16 of this Code, the federal social security system, or any other federal retirement system) supported in whole or in part by funds of the United States, of any state government, or the city or any other city or municipal government or corporation, or of any political subdivision, department, district, authority or agency of any of said governments, if, while a member thereof the person received or was entitled to credit for such service in such system.

L.

Except as provided in Part 22, service performed while a member of the eligible deferred compensation plan established by Chapter 3.50 of this Code.

(Prior code § 2904.1202; Ords. 24682, 25732.)

Subject to the provisions of Section 3.28.1090, "federated city service" shall be deemed to include military service rendered by a member on or after July 1, 1975, while a member of this system, and such member shall be entitled to credit for such service, if and only if he or she is entitled to credit for such service under the following provisions of this section, and then only to the extent and for the purpose or purposes hereinafter provided in this section.

A.

Military service defined. As used in this section, "military service" shall be deemed to mean service rendered on or after July 1, 1975, as a member of the Armed Forces of the United States or of the Merchant Marine of the United States, either during a war including the United States as a belligerent or in any other national emergency, or in time of peace if the person performing such service is drafted for such service by the United States.

B.

Military service because of which city must make member contributions.

If, on or after July 1, 1975 and ending on November 23, 2013, while he or she is a member of this system, and while on leave of absence without compensation to engage in military service, a member of this system renders military service other than as a member of the Merchant Marine of the United States, and if, in addition, said member returns to federated city service after discharge under conditions other than dishonorable within six months after such discharge or within six months after any period of rehabilitation afforded by the United States government, including a period of rehabilitation for purely educational purposes, the city shall contribute to this system on behalf of such member such amounts of contribution which would have been payable by said member, together with such additional amounts as would have been payable by the city, on the basis of compensation earnable at the commencement of said member's absence plus the annual salary adjustments which he or she would have received if said member had remained in federated city service and had not left for said military service. For purposes of this subsection, said member absent on said military service shall be deemed to have received a rating for the period of such absence entitling him or her to annual salary adjustment. Also, for purposes of this subsection, a member who is granted a leave of absence or placed on a city civil service reemployment list as of the same date he or she was reinstated from military leave, if said date of reinstatement is within the abovementioned six months, shall be considered as having returned to city service within the abovementioned six months if he or she returns to city service at the end of such leave of absence or upon offer of employment from the reemployment list or if he or she retires under this system for service or disability during such leave.

Any military service mentioned in this subsection, because of which the city is required to make all of the contributions above specified in this subsection, shall be deemed to be federated city service for which said member shall be entitled to credit in the same manner as if he or she had not been absent from federated city service during such time.

For the purposes of this Subsection B., "leave of absence without compensation to engage in military service" shall include any leave of absence to engage in qualified military service granted on or after September 1, 1990, during which the member receives compensation from the city pursuant to an action of the city council approving special or supplemental pay or benefits for persons on leave for military duty.

C.

Military service because of which member must make member contributions.

Subject to the provisions of Section 3.28.1090, effective November 24, 2013, a member of this system on leave of absence with compensation to engage in qualified military service, as defined under Internal Revenue Code section 414(u)(5), shall contribute to the system before retirement, at times and in the manner prescribed by the retirement board, amounts equal to the contributions which would have been payable by said member to the system on the basis of his or her compensation earnable at the commencement of the leave of absence if he or she had remained in city service Because said member is required to contribute, "federated city service" shall be deemed to include such qualified military service and the member shall receive credit for the qualified military service in the same manner as if he or she had not been absent but were still in federated city service.

Because the member is required to contribute as aforesaid, the city shall also contribute during the period the member is on leave of absence with compensation to engage in qualified military service.

For the purposes of Subsection C., "leave of absence with compensation to engage in qualified military service" shall include any leave of absence to engage in qualified military service granted on or after September 1, 1990, during which the member receives compensation from the city pursuant to an action of the city council approving special or supplemental pay or benefits for persons on leave for military duty. A "leave of absence with compensation to engage in qualified military service" shall only include compensation paid from the city and shall not include compensation paid to member by the state or federal government.

D.

Military service because of which member may make member contributions.

Subject to the provisions of Section 3.28.1090, effective November 24, 2013, a member of this system on leave of absence without compensation to engage in qualified military service, as defined under Internal Revenue Code section 414(u)(5), may receive credit for all or any part of such service if the member contributes to the system, either during his or her absence on qualified military service or upon his or her return to federated city service, at times and in the manner prescribed by the retirement board, amounts equal to the contributions which would have been payable by said member to the system on the basis of his or her compensation earnable at the commencement of the leave of absence if he or she had remained in city service, provided, however, that payment of such member contributions is completed before retirement and during a period beginning with the date of the member's reemployment and whose duration is three times the period of such member's qualified military service, but not greater than five years, or such other period as may be permitted under Internal Revenue Code section 414(u). To the extent said member does so contribute, "federated city service" shall be deemed to include such qualified military service and the member shall receive credit for the qualified military service in the same manner as if he or she had not been absent but were still in federated city service. To the extent said member does not contribute as aforesaid, such qualified military service shall be credited to said member as federated city service only for the purpose of determining said member's eligibility for benefits under this system and such qualified military service shall not be credited for the purpose of determining the amount of such benefits.

To the extent the member elects to contribute as aforesaid and does so contribute, the city shall also contribute because of such qualified military service to the same extent as it would have contributed if the member had not been absent without compensation on qualified military service.

For the purposes of Subsection D., "leave of absence without compensation to engage in qualified military service" means any leave of absence to engage in qualified military service where the member receives no compensation from the city.

E.

Manner in which city may contribute. Any contributions required of the city by the provisions of this section may be made in one sum or in the manner in which other contributions are made. Anything elsewhere in this Chapter 3.28 to the contrary notwithstanding, no contributions made by the city pursuant to the provisions of Subsection B. of this section can ever be withdrawn by or paid to a member or any of the member's survivors or beneficiaries or estate.

F.

Part-time employees. The provisions of this section shall apply to part-time employees only to the extent that they were in this system prior to entry into the qualified military service.

(Prior code § 2904.1203; Ords. 24036, 28885, 29321.)

illness.

A.

Time on or after July 1, 1975, during which a member is a member of this System and during which he or she is absent from Federated City Service by reason of injury or illness determined within one (1) year after the end of such absence to have arisen out of and in the course of his or her employment with the City, shall be deemed to be "Federated City Service" for which such member is entitled to credit for the purpose of qualifying for benefits under this System but not for the purpose of determining the amount of such benefits, unless he or she contributes during such absence, or upon his or her return to City service at times and in the manner prescribed by the Board, the same amount of contributions as he or she would have been required to contribute if he or she were not absent because of any said injury or illness. If he or she does contribute as aforesaid, said time shall be deemed "Federated City Service" for which he or she shall be entitled to credit the same as if he or she were not absent from Federated City Service because of such injury or illness. The provisions of this Section do not apply to time during which a person is retired for disability or service. Also, the provisions of this Section do not apply to part-time employees.

B.

Subject to any limits on annual contributions imposed by Section 415 of the Internal Revenue Code of 1986, as amended, a member who elects to make contributions to purchase full service credit for a period of leave of absence pursuant to subsection A. above may pay the contributions:

In one lump sum within sixty (60) days from and after the date the member returns to City service; or

For elections made on or before January 31, 2011, in monthly or biweekly installments by pre-tax payroll deductions, paid over a period of time not to exceed eight (8) years; or

For elections made on or after February 1, 2011, in monthly or biweekly installments by post-tax payroll deductions, paid over a period of time not to exceed eight (8) years; or

In a combination of a lump sum and post-tax installments.

C.

Any member electing to pay the contributions in installments or to make the lump sum payment by payroll deduction shall execute a payroll authorization form authorizing the payment of the required contributions by payroll deduction. The payroll authorization form shall be filed with the Director of Finance.

D.

The election to purchase credit through post-tax payroll deductions, pursuant to subsection B.3. or B.4. above, may be revoked. During the time the post-tax payroll deduction election is in effect, the member may make additional payments to the retirement fund for the purchase of such service credit.

E.

All contributions under subsections B.2. and C. shall be treated as pre-tax salary reductions pursuant to Internal Revenue Code Section 414(h)(2).

F.

The provisions of this Section shall be applicable to Tier 2 members, provided that the Tier 2 member shall be responsible for paying the entire cost of the service credit purchase.

(Prior code § 2904.1204; Ords. 28885, 29120, 29904.)

department position are transferred to federated city service.

Subject to the following conditions, restrictions, limitations and other provisions, a member of this system, who becomes such on or after July 1, 1975, pursuant to the provisions of Section 3.28.450 or 3.28.455 and who, immediately prior to becoming a member, including a tier 2 member, of this system, was a member of the police and fire department plan established or administered by or pursuant to the provisions of Chapter 3.32 or Chapter 3.36 of the San José Municipal 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 in said police and fire department plan was last terminated, if, and only 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 Chapter 3.32 or 3.36 of the San José Municipal Code; and

B.

Such person must have held, immediately prior to becoming a member of this system, a city office or positions 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 abovementioned 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 the federated city service; 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 the federated city service, to perform substantially the same functions and duties as he performed in his former office or position; and

E.

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

F.

Such person's membership in the abovementioned police and fire department retirement plan must have ceased and terminated as of the time 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 and 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 Section 3.32.010, 3.36.1620 or 3.36.1630, or any other provision of said plan; 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 retirement plan at the time his membership therein was last terminated, and where he consents to and authorizes the transfer and payment into the retirement fund established by this chapter, 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 Subsection 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 find established under the last-mentioned police and fire department retirement 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 service contributions where applicable, of said person to this retirement system for the service credited to him under this system.

(Prior code § 2904.1205; Ord. 29120.)

contributions to federated system for such service.

Subject to the following conditions, restrictions, limitations and other provisions, a person who becomes a member of this System on or after July 1, 1975, pursuant to the provisions of Section 3.28.450 and who, prior to becoming a member of this System but on or after February 1, 1962, was a member of the Police and Fire Department Retirement Plan established pursuant to Chapter 3.32 or Chapter 3.36 of the San José Municipal Code, shall be entitled to credit under this System for service, if any, for which the person was entitled to credit under said Police and Fire Department Retirement Plan at the time his or her membership therein was last terminated, if all of the following conditions exist and are satisfied:

A.

Such person must have held, prior to becoming a member of this System, a City position in the Police Department or Fire Department of the City which qualified the person for membership in, and because of which the person was a member of the Police and Fire Department Retirement Plan; and

B.

Such person's membership in the Police and Fire Department Retirement Plan must have ceased and terminated prior to his or her becoming a member of this System; and

C.

Such person must not have elected to continue making contributions to the Police and Fire Department Retirement Plan, pursuant to the provisions of Section 3.36.1630 nor have retained any rights to benefits from said Plan pursuant to any other provision of said Plan (other than rights as an eligible surviving spouse or surviving child or rights as a former spouse under a domestic relations order of a court of competent jurisdiction); and

D.

Such person must have filed with the Retirement Board a written notice of election regarding Police and Fire service, wherein the person elects to receive credit under this System for service for which he or she was entitled to credit under the Police and Fire Department Retirement Plan pursuant to this Section, and wherein the person agrees to pay into the retirement fund established by this Chapter the amounts specified in subsection E. below. Such notice of election must be filed on or before the later of:

The thirtieth (30th) day immediately following the date on which there is deposited in the United States mail, addressed to the person at his or her address shown in the records of the Retirement Board, a written notice of the person's right to make the election provided in this Section; or

The thirtieth (30th) day following the date as of which the person becomes a member of this System.

E.

In order to receive service credit in this System for service rendered while a member of the Police and Fire Department Retirement Plan, the person must pay into the retirement fund established by this Chapter an amount of money sufficient to make the accumulated contributions standing to the credit of the person's individual account in this System equal to the amount they would be if:

The person had been a member of this System (and of the Chapter 3.24 System with respect to service rendered prior to July 1, 1975), in the position because of which he or she became a member of this System, during the time he or she was rendering the previous service in the Police Department or Fire Department for which he or she seeks to get credit; and

The contributions payable to this System and to the Chapter 3.24 System under such circumstances had been deducted from the person's compensation and paid into the retirement fund pursuant to this System and the Chapter 3.24 System during all of such time.

F.

Subject to any limits on annual contributions imposed by Section 415 of the Internal Revenue Code of 1986, as amended, a person who elects to purchase credit for prior Police and Fire service may pay of the contributions required by subsection E. above:

In one lump sum within sixty (60) days from and after the date the person files the written notice of election to purchase such service credit; or

For elections made on or before January 31, 2011, in installments by pre-tax payroll deduction; paid over a period of time not to exceed eight (8) years; or

For elections made on or after February 1, 2011, in monthly or biweekly installments by post-tax payroll deductions, paid over a period of time not to exceed eight (8) years; or

By transfer of moneys contributed by him or her to the Police and Fire Department Retirement Fund, together with interest thereon, from the Police and Fire Department Retirement Fund; or

By a combination of the above.

G.

Any member electing to pay the contributions by pre-tax payroll deduction shall execute a binding irrevocable payroll authorization form authorizing the payment of the required contributions by payroll deduction. Such irrevocable payroll authorization form shall be filed with the Director of Finance within the time specified in subsection D. above for the filing of the person's election to receive service credit.

The election to purchase credit for prior Police and Fire service through pre-tax payroll deductions and the authorization to make payments by pre-tax payroll deductions shall be irrevocable. During the time the irrevocable election is in effect, no direct payments from the member to the retirement fund shall be made by the member or accepted by this System.

H.

The election to purchase credit for prior Police and Fire service through post-tax payroll deductions and the authorization to make payments by post-tax payroll deductions shall be revocable. During the time the revocable election is in effect, the member may make additional direct payments to the retirement fund.

I.

A copy of the notice of election specified in subsection D. above shall be transmitted by the Retirement Board to the board which is charged with the duty of administering the Police and Fire Department Retirement Plan of which said person was formerly a member.

J.

All contributions under subsections F.2. and G. shall be treated as pre-tax salary reductions pursuant to Internal Revenue Code Section 414(h)(2).

K.

If a person elects to purchase credit for prior Police and Fire service and make the contributions specified in this Section, and subsequently does pay all such moneys as provided in this Section, the person shall be credited under this System for the prior Police and Fire service.

L.

If a member elects to redeposit and pay said moneys but fails to complete the redeposit, then:

If the failure to complete the redeposit is because of death of the person while in Federated City Service and before retirement, the person shall be credited with the amount of service which is determined by the Board to be attributable to the amount of accumulated contributions redeposited as of the date of the person's death.

If the failure to redeposit is for any reason other than the death of the person prior to retirement, any contributions made pursuant to the election shall be credited to the person's accumulated normal contributions account, but the person shall receive no credit for any prior Police and Fire service.

(Prior code § 2904.1206; Ords. 26006, 28885, 29120, 29904.)

A.

For the purpose of qualifying for benefits payable under this system, other than and excepting the forty percent minimum allowance provided for in the subsection A. of Section 3.28.1480, but not for the purpose of determining the amount of any benefit to which one may become entitled after he qualifies for such benefit, a member who becomes such pursuant to the provisions of Section 3.28.440 shall be given credit for all part-time service, other than service of a kind specifically excluded by the foregoing provisions of this part, rendered by him for the city prior to July 1, 1975. For such limited purpose only, such service shall be deemed to be federated city service rendered on and after July 1, 1975. A part-time employee who becomes a member pursuant to Section 3.28.400 also shall have the right to treat such service as having been rendered on and after July 1, 1975, for the above-specified limited purpose only.

B.

Notwithstanding subsection A. of this Section 3.28.670, a member who satisfies the eligibility requirements of Section 3.28.2510, may purchase credit for part-time service rendered prior to July 1, 1975, as provided in Part 22 of this chapter. If the member elects to purchase credit for such part-time service and completes the required payments of contributions and interest, the limitations of subsection A. above shall not apply and such service shall be deemed to be federated city service for all purposes under this chapter.

(Prior code § 2904.1208; Ord. 25732.)

A.

Except as otherwise provided with respect to absence on military service and as otherwise provided in Section 3.28.685 and 3.28.690, time during which a member is absent from federated city service without compensation shall not be allowed in computing federated city service.

B.

The retirement board shall credit a member with one year of federated city service for one thousand seven hundred thirty-nine or more hours of federated city service rendered by the member in any calendar year. For tier 2 members, the retirement board shall credit a member with one year of federated city service for two thousand eighty or more hours of federated city service rendered by the member in any calendar year. Credit for more than one year of such service shall not be allowed for service rendered in any calendar year.

C.

If a member renders less than one thousand seven hundred thirty-nine hours of federated city service in a calendar year, as in the case of part-time service, the member shall be given credit for that proportion of one year which the hours of federated city service rendered by the member in such year bear to one thousand seven hundred thirty-nine hours. For tier 2 members, if a member renders less than two thousand eighty hours of federated city service in a calendar year, as in the case of part-time service, the member

shall be given credit for that portion of one year which the hours of federated city service rendered by the member in such year bear to two thousand eighty hours of regular time worked (including paid leave and military leave, but not overtime).

D.

Notwithstanding Subsections B. and C. above, the retirement board shall credit a member with one year of federated service credit for each two thousand eighty or more hours of eligible prior service purchased by a member pursuant to Part 22. A member shall be given credit for any purchased eligible prior service that is less than two thousand eighty hours in the same proportion of one year which the hours of purchased eligible prior service bears to two thousand eighty hours.

(Prior code § 2904.1207; Ords. 24807, 25732, 28603, 29120.)

Time during which a member was absent without compensation because of a city hall closure shall constitute "federated city service" in any case where all of the following requirements are satisfied:

A.

The absence without compensation occurred during any of the following periods of time in which city hall was not open for public business because of a city council-approved closure:

December 24, 1992, through January 3, 1993, inclusive;

December 23, 1993, through January 2, 1994, inclusive;

December 23, 1994, through January 2, 1995, inclusive.

B.

The member was on leave of absence without compensation because of the city hall closure and not for any other reason.

C.

With respect to any member who rendered fewer than one thousand seven hundred thirty-nine hours of federated city service in the calendar year in which the city hall closure commenced, the city has paid into the retirement fund the contributions that would have been made to the fund by both the city and the member if the member had not been absent without compensation during the closure period or periods plus interest to the date the contributions are made calculated at the regular rate credited to contributions pursuant to Section 3.28.340.B.

D.

The city shall contribute to the retirement fund such amounts as are actuarially determined to be necessary to provide funding for all additional costs incurred by this retirement system because of the additional service credit provided to members by this section.

(Ord. 24807.)

A.

Time during which a member was absent without compensation because the member is subject to a mandatory reduction in paid working time shall constitute "federated city service" in any case where all of the following requirements are satisfied:

The member was on leave of absence without compensation because of the mandatory reduction in paid working time and not for any other reason.

With respect to any member other than a tier 2 member who rendered fewer than one thousand seven hundred thirty-nine hours of federated city service in the calendar year in which the mandatory reduction in paid working time is in effect, the city and member have paid into the retirement fund the contributions that would have been made to the fund by both the city and the member if the member had not been absent without compensation during the mandatory reduction in paid working time. For tier 2 members who rendered fewer than two thousand eighty hours of federated city service in the calendar year in which the mandatory reduction in paid working time is in effect, the city and member have paid into the retirement fund the contributions that would have been made to the fund by both the city and the member if the member had not been absent without compensation during the mandatory reduction in paid working time.

B.

The city and the member shall make their respective contributions to the retirement fund as if the member had not been absent without compensation during the mandatory reduction in paid working time.

(Ords. 28603, 29120.)