San Jose Municipal Code Part 6 Membership

All members of the retirement system immediately prior to the time this chapter became operative continue to be members of this system.

(Prior code § 2904.64.)

Every other employee who is not excluded by the following sections becomes a member of the retirement system upon entry or reentry into city service.

(Prior code § 2904.65.)

A. The following persons are hereby excluded from membership in this system:

1. The mayor and each member of the city council;

2. Each member of a city board or commission who holds no other city office or position of employment which qualifies him for membership in this system;

3. Persons 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 installation, or to render professional, scientific or technical services of an occasional or exceptional character;

4. Persons 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;

5. Each volunteer member of any police, fire or civil defense force or organization who holds no other city office or position of employment which qualifies him for membership in this system;

6. Persons employed or whose services are contracted for pursuant to any transfer, consolidation or contract mentioned or referred to in Section 1109 of the Charter of the city;

7. Persons employed pursuant to Section 1110 of the Charter of the city;

8. Each person employed or paid on a part-time, per diem, per hour or any basis other than a monthly basis, unless he is a member by virtue of the provisions of Section 3.24.480;

9. Persons employed pursuant to any relief or anti-poverty program primarily for the purpose of giving relief or aid to such persons;

10. Persons who are members 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 funds of the United States, any state government or political subdivision thereof, the city or any other municipal corporation, who are receiving or are entitled to credit in such other system for service rendered to the city; provided, however, that nothing contained in this subdivision 10 shall be deemed to prohibit any such person from becoming a member of this retirement system after he has ceased being a member of the abovementioned police, fire or other retirement or pension system if he should thereafter otherwise qualify for membership.

B. For purposes of this section, persons who merely are receiving pensions or retirement allowances or other payments, from any source whatever, on account of service rendered to an employer other than the city while they were not in the service of the city are not, because of such receipt, members of any other retirement or pension system.

(Prior code § 2904.66.)

An employee serving on a part-time basis is excluded from this system unless:

A. He becomes a member prior to the time this chapter becomes effective and continues to be a member by reason of Section 3.24.450;

B. His employment is regular and continuous and in the opinion of the board will extend for more than one year, and requires service for at least one-half the time of employees serving on a full-time basis; or

C. Unless he is a member at the time he commences to serve on a part-time basis.

(Prior code § 2904.68.)

A. The city manager is excluded from membership in this system.

B. 1.

The city auditor is excluded from membership in this system unless he files or has already filed with the board an election in writing to become a member. He may make such election at any time during his employment by the city.

2. If he elects to become a member, he shall make contributions to this system in the amount which he would have contributed had he not been so excluded, plus interest which would have been credited on such contributions. If he affirmatively exercises the option:

a. He shall receive credit for prior service, from the date of his first exclusion, in the same manner as if he had not been excluded; and

b. The contributions of the city because of his membership shall be the same as they would have been had he not been excluded; and

c. His rate of contribution shall be based on the nearest age at the time he first was excluded.

(Prior code § 2904.69.)

A person ceases to be a member:

A. Upon retirement;

B. If he is credited with less than twenty years of city service, or with less than five hundred dollars in accumulated contributions, or with a greater amount and has not elected to allow it to remain in the retirement fund, and renders less than five years of service in any period of ten consecutive years.

C. If he is paid more than one-fourth of his normal contributions. For the purpose of this subsection C., deposit in the United States mail of a warrant drawn in favor of a member, addressed to the latest address of the member on file in the office of this system, constitutes payment to the member of the amounts for which the warrant is drawn.

(Prior code § 2904.70.)

A. Any other provisions in this chapter to the contrary notwithstanding, if the city service of a member is discontinued by reason of resignation or discharge, or by reason of layoff or leave of absence deemed by the board to have resulted in permanent discontinuance (and in such case, as of the date of the determination by the board that the discontinuance is permanent), or if the disability retirement of a member is followed by cessation of the disability and by cancellation of the disability allowance, but the member does not reenter city service, and the amount of his accumulated contributions standing to his credit at that time is five hundred dollars or more, he shall have the right to elect, not later than ninety days after the date upon which notice of said right is mailed by this system to the member's latest address on file in the office of this system, whether to allow all or part (but in no event less than five hundred dollars) of his accumulated contributions to remain in the retirement fund. Failure to make such election shall be deemed an irrevocable election to withdraw his accumulated contributions unless the member is entitled to be credited with twenty years of service. An election to allow all or part of one's accumulated contribution to remain in the retirement fund may be revoked at any time as to all the contributions allowed to remain in the fund, or as to any part of them in excess of five hundred dollars; and all contributions covered by such revocation may then be withdrawn. Upon withdrawal of any accumulated contributions, the member withdrawing the same shall lose, and shall not be entitled to, any credit for any service on account of which such withdrawn contributions has theretofore been paid into the retirement fund. In determining the service for which a member is no longer entitled to credit upon withdrawal of all or part of his contributions, the withdrawn contributions shall be deemed to have been paid into the retirement fund on account of the latest service rendered by the member to the city, or on account of his earliest service if so requested by the member at the time he withdraws such contributions.

B. A member may at any time, if he so elects, voluntarily relinquish such right as he may have to be credited for service during such periods of time as may be designated by him, without withdrawing any contributions paid by him because of such service, provided he retains credit for not less than five years of continuous service; and in such event, in determining his eligibility for or the amount of any benefits to which he may become entitled, he shall be given no credit for any service so relinquished by him, and any contributions left in the fund which were made because of the service for which he has relinquished credit shall be treated as additional contributions made pursuant to Section 3.24.590 of this Code.

C. A member whose membership continues under this section is subject to the same age and disability requirements as apply to other members for service or for disability retirement but he is not subject to a minimum service requirement.

After the qualification of such member for retirement by reason of age or disability, he shall be entitled to receive a retirement allowance based upon the amount of his accumulated contributions and service standing to his credit at the time of retirement and on the employer contributions held for him and calculated in the same manner as for other members, except that the provisions in this chapter for minimum service and disability retirement allowances do not apply to him unless he meets such minimum service requirements. Upon the death of such a member prior to retirement under this section, such death benefits as may be payable under Section 3.24.2000 of this chapter shall be computed upon the basis of his average annual compensation earnable for the year preceding the date of termination of the service for which he is entitled to credit, multiplied by the years of city service prior to such termination not to exceed six.

(Prior code § 2904.71.)