San Jose Municipal Code Part 15 Service Retirement Generally

On and after the effective date of this section, the provisions of this Part 15 shall no longer apply to any person to whom the provisions of Part 16 of this chapter thereafter apply.

(Prior code § 2904.140a.)

Upon retirement for service, a member is entitled to receive a service retirement allowance which shall consist of:

A. His service retirement annuity;

B. His current service pension;

C. His prior service pension.

(Prior code § 2904.134.)

The service retirement annuity is the sum of the annuities which are the actuarial equivalents of the normal prior service and additional accumulated contributions of a member at the time of his retirement.

(Prior code § 2904.135.)

The retirement allowance referred to in this part excludes that portion of a member's service retirement annuity that was purchased by his accumulated additional contributions. If a member enters this system with credit for prior service, and retires after attaining age seventy, or if a member is entitled to be credited with twenty years of continuous city service and retires after attaining age sixty-five, and his retirement allowance is less than one-half of his final compensation and less than seven hundred twenty dollars per year, his prior or current service pension, as the case may be, shall be increased so as to cause his retirement allowance to amount to one-half of such final compensation, or seven hundred twenty dollars per year, whichever is less.

(Prior code § 2904.138.)

A. The current service pension for a member is a pension derived from the contributions of the city, sufficient, when added to the service retirement annuity that is derived from the accumulated normal contributions of the member at the date of his retirement, to equal the fraction of one-sixtieth of his final compensation set forth opposite his age at retirement, taken to the preceding completed quarter year, in the following table in the column applicable to his sex, multiplied by the number of years of current service with which he is entitled to be credited at retirement:

B. The fractions herein set forth at ages other than age sixty are based on the interest rate and mortality tables used under the San José federated employee's retirement system with respect to members on July 1, 1951, and shall be adjusted by the board in accordance with such interest and mortality tables as the board may adopt with respect to such members. Fractions required for ages below fifty-five, because of retirement for service under subsection B. of Section 3.24.1000, shall be determined by the board according to the interest rate and mortality tables then being used by the system.

(Prior code § 2904.136.)

A. The current service pension of any member reinstated from service retirement, upon his service retirement subsequent to such reinstatement, shall be the sum of:

1. A current service pension calculated on the basis of service rendered after such reinstatement and in accordance with Section 3.24.1490; plus

2. His current service pension as it was prior to his reinstatement, adjusted according to any change in the provisions governing the calculation of such pensions, made after such reinstatement and applicable to pensions being paid at the date of the change; provided, that such subsequent retirement occurs before he renders after his reinstatement at least one year of city service credited under this system; or if he has rendered one year or more of city service after reinstatement, in lieu of subsection 2.; plus

3. A current service pension based on current service rendered prior to such reinstatement, but calculated under Section 3.24.1490:

a. On the basis of an age, taken to the preceding completed quarter year but not less than fifty-five years, and determined by deducting from his age at his subsequent retirement, the aggregate time during which he was under retirement, and

b. On the basis of his final compensation as it was at the date of his preceding retirement.

B. For such a member reinstated from disability retirement, the current service disability retirement, the current service pension upon his service retirement after attaining age fifty-nine, or upon his disability retirement after attaining age sixty, and subsequent to such reinstatement, shall be calculated in the manner described in the preceding sentence, but the age determined upon subsequent retirement after rendering at least one year of city service shall not be taken at less than fifty-nine years if the subsequent retirement is for service, or sixty years if such retirement is for disability.

(Prior code § 2904.136a.)

The prior service pension for a member, is an annual pension derived from the contributions of the city, sufficient, when added to the service retirement annuity that is derived from the accumulated prior service contributions of the member at the date of his retirement, to equal the fraction of one-sixtieth of his final compensation set forth opposite his age at retirement, taken to the preceding completed quarter year, in the table which appears in Section 3.24.1490, and in the column applicable to his sex, multiplied by the number of years of prior service with which he is entitled to be credited at retirement.

(Prior code § 2904.137.)

The portion of prior service pensions which is not provided by members' prior service accumulated contributions is derived from contributions of the city.

(Prior code § 2904.139.)

A. The prior service pension of any member reinstated from service retirement, upon his subsequent service retirement, shall be in the same amount as his prior service pension prior to his reinstatement, adjusted according to any change in the provisions governing the calculation of such pensions made after such reinstatement and applicable to pensions being paid at the date of the change; provided, that such subsequent retirement occurs before he renders after his reinstatement at least one year of city service credited under this system; otherwise the prior service pension calculated:

1. On the basis of an age, taken to the preceding completed quarter year but not less than fifty-five years, and determined by deducting from his age at his subsequent retirement, the aggregate time during which he was under retirement; and

2. If final compensation entered into the calculation of his prior service pension before his reinstatement, on the basis of his final compensation as it 3.24.1640 was at the date of his preceding retirement.

B. For such a member reinstated from disability retirement, the prior service pension upon his service retirement after attaining age fifty-nine, or upon his disability retirement after attaining age sixty and subsequent to such reinstatement, shall be calculated in the manner described in the preceding sentence, but the age, determined upon subsequent retirement after rendering at least one year of city service, shall not be taken at less than fifty-nine years if the subsequent retirement is for service, or sixty years if such retirement is for disability.

(Prior code § 2904.140.)