San Jose Municipal Code Part 11 Service

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 his said office or position to render such service as a member of a city board or commission;

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 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 full-time.

(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 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, 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

F. Such person's membership in the above-mentioned 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 a member of the abovementioned police and fire department retirement plan; and

C. Such person's membership in the above-mentioned 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 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. 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 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.)