San Jose Municipal Code Part 15 Optional Membership for Certain Members of Chapter 3.32 Police and Fire…

The provisions of this Part 15 shall be applicable only on and after the effective date of this Part 15, and shall then apply only to those persons who, in accordance with this part, are given and exercise an option for membership in the 1975 federated employee's retirement plan established by Chapter 3.28 of this Code.

(Prior code § 2904.1770; Ord. 18793.)

A. Subject to the conditions, limitations, restrictions and requirements hereinafter set forth in this Part 15, any person who, upon the effective date of the ordinance adopting this Part 15:

1. Is a member of the police and fire department retirement system created by Ordinance 3254, adopted October 21, 1946, as continued under Chapter 3.32 of the San José Municipal Code established by Ordinance 3732; and also

2. Is employed by the city in the following position: Typist, shall have and is hereby given an option of being governed by the provisions of this Part 15 and of being entitled to such rights and benefits as are provided for in this Part 15, subject to the conditions, restrictions and requirements mentioned herein and in this Chapter 3.28, in lieu of being governed by the provisions of Chapters 3.32 and 3.36 of this Code and in lieu of being entitled to any of the rights or benefits provided in such Chapters 3.32 and 3.36. Such option is not given to any person who, on the effective date of this Part 15, is on service or disability retirement under and pursuant to Chapters 3.32 and 3.36 of this title, except as provided in Section 3.28.1930.

B. No such person to whom such option is hereinabove given shall be governed by the provisions of this Part 15, nor be entitled to any of the rights or benefits provided for in this Part 15, unless such person exercises the option herein granted, in the manner and within the time specified in this section, and no later.

C. Each such person who exercises said option within the time and in the manner specified in this section shall, on and after the exercise of such option, be governed by the provisions of this Part 15 and be entitled to the rights and benefits provided for in this part, subject to the above-mentioned conditions, limitations, restrictions and requirements, in lieu of being governed by any other chapter of this title and in lieu of being entitled to any other rights or benefits provided by other provisions of this Chapter 3.28.

D. Each person given the option specified in this section must, if he desires to exercise said option and in order to exercise the same, file with the secretary of the retirement board a written statement, on a form furnished by said secretary on request, declaring:

1. That such person elects to exercise said option and become a member of the Chapter 3.28 system subject to the provisions of this Part 15; and

2. That he elects to receive credit under this system for service for which he was entitled to credit under the Chapter 3.32 police and fire department system of which he is then a member; and

3. That he agrees to pay into the retirement fund established by this chapter, in the manner and not later than the times specified in this section, an amount of money sufficient to make the accumulated contributions standing to the credit of his individual account in this system (including interest thereon at the regular rate then prevailing under the federated system) equal to the amount such accumulated contributions would be if he had been a member of the city's federated city employees systems and federated employees retirement plan in the position to which he had been appointed and because of which he exercises the option to be 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 receive credit, and if the contributions payable to the applicable federated system and plans under such circumstances had been deducted from his compensation and paid into the applicable retirement funds pursuant to such applicable systems and plans during all of such times; and

4. That, for the purpose of such payment, such person 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 for the system of which he is then a member, all accumulated contributions credited to his individual account; and

5. That, for the purpose of paying any balance remaining after crediting the amount determined under paragraph 4. above, such person agrees to pay such balance as follows: within thirty days after filing such declaration and election, or in not more than thirty-six equal monthly installments, or seventy-two equal biweekly installments with interest thereon at the regular rate then currently prevailing under this system, the first payment commencing not more than thirty days after such filing; and

6. That, in the event any benefit becomes due and payable under this system to any person before fill payment is made into the retirement fund of the total amount of such accumulated contributions, plus interest, as are required under paragraphs 3. and 5. above, such person consents to and authorizes deduction of the balance of such unpaid contributions from such benefits.

E. No such written declaration and notice of exercise of such option shall be effective for any purpose whatsoever unless it shall have been filed with the secretary of the retirement board on or before, but not later than the thirtieth day immediately following the date on which such secretary has caused to be deposited in the United States Mail, a notice of the right to exercise such option, addressed to such person at his last place of residence as shown on city's records. Forthwith after the effective date of this part, the secretary of the retirement board shall give notice of such right and option.

(Prior code § 2904.1771; Ord. 18793.)

Upon filing the written declaration and exercise of option described in Section 3.28.1860 with the secretary in the manner and within the time specified in Section 3.28.1860, the person making such election shall be deemed to have exercised the option granted under this Part 15; and on the day immediately succeeding the date of such filing, he shall cease to be a member of the police and fire department retirement system created under Chapter 3.32 and shall thereupon be a member of the Chapter 3.28 system subject to the provisions of this Part 15. Upon the effective date of such membership in this Chapter 3.28 system, the person making such election and all other persons who, by reason of such person's membership in the Chapter 3.32 system, may have any right or interest in any retirement system in Title 3 of this Code other than as provided in this Part 15, shall cease to have any entitlement to any right, benefit, allowance or moneys thereunder, except as may be specifically provided in Section 3.28.1880.

(Prior code § 2904.1772; Ord. 18793.)

A. A person who has exercised in the time and manner provided in this Part 15 the option granted herein shall be entitled to all rights and benefits of membership in the Chapter 3.28 system which are provided in this section, and is in this part referred to as a "Part 15 member."

B. Upon the effective date of such option, the Part 15 member who exercises such option shall be deemed to be in and thereafter to be rendering "federated city service" within the definition of Section 3.28.030.10 of this chapter.

C. A Part 15 member shall be deemed, solely for the purpose of this part, to determine qualification and the extent of rights and benefits, to be "a person who was a member of the Chapter 3.24 system who became a member of the Chapter 3.28 retirement system pursuant to the provisions of Section 3.28.400" of Part 4 of Chapter 3.28, and shall have all the rights, duties, benefits and privileges applicable to such persons by reason of Chapter 3.28 of Title 3 of this Code. Whenever the clause so enquoted above or words of similar import are used in Chapter 3.28, such clause shall for the purpose of this Part 15 mean, include and refer to such Part 15 member.

D. For the purpose of this Part 15, and for the sole purpose of according to a Part 15 member the rights and benefits granted in Sections 3.28.1160 and 3.28.1320 to former members of this Chapter 3.24 retirement system who became members pursuant to Section 3.28.400, such Part 15 member shall be deemed to have rendered federated city service for which he was entitled credit as a member of the Chapter 3.24 retirement system to the extent that, during such time, such service was rendered as a member of the police and fire department retirement system, and such Part 15 member shall be deemed to have been a member of the Chapter 3.24 system during such service period, for the purpose of qualifying for service and disability retirement and the optional settlement provisions therein mentioned, and the amount of such benefits and allowances therein mentioned.

(Prior code § 2904.1773; Ord. 18793.)

Notwithstanding any provision of Sections 3.28.610 and 3.28.620 to the contrary, a Part 15 member shall be entitled to credit in this system, as "federated city service," for all service rendered by such Part 15 member for which he had been entitled to credit to determine benefits under the Chapter 3.32 police and fire department retirement system of which he was formerly a member.

(Prior code § 2904.1774; Ord. 18793.)

If a person pursuant to Section 3.28.1850 elects to and becomes entitled to receive credit under this system for service formerly credited to him under the police and fire department retirement plan, the city shall contribute to the retirement fund created under this chapter an amount equal to the contributions which the city would have been required to make to the retirement funds federated systems and plans concurrently with the contributions required of the person making such election had such person been a member of such retirement systems and plans during the periods of city service instead of said Chapter 3.32 police and fire department retirement system; such contributions shall include interest on such contributions at the regular rate then prevailing under the applicable federated systems and plans. Contributions required to be made by the city pursuant to this section shall be made by the transfer and payment, into the retirement fund established by this chapter from the police and fire department fund, of all contributions made by the city into such police and fire department retirement fund for or because of such person's membership in the Chapter 3.32 police and fire department plan. If the amount of moneys so transferred is less than the amount required to be contributed by the city under this section, the balance shall be paid from other available city funds.

(Prior code § 2904.1775; Ord. 18793.)

The contributions respectively required of a Part 15 member and the city under Sections 3.28.1860 and 3.28.1900 shall include such contributions, plus interest at the applicable prevailing rate, as are respectively required of such member and the city to provide the funding of cost of living increases and decreases under Chapter 3.44 of this title.

(Prior code § 2904.1776; Ord. 18793.)

A. A Part 15 member's failure to make any lump-sum or installment payment of contributions elected and required under Sections 3.28.1860 and 3.28.1910 within thirty days after any such payment is due shall terminate a Part 15 member's membership in the Chapter 3.28 system and all rights, benefits appertaining to such system, unless prior to such nonpayment any person has become entitled to any benefit under this system by reason of such Part 15 member shall thereupon be restored to membership in and shall be entitled only to all of the benefits of the Chapter 3.32 police and fire department system of which such person was formerly a member as if such member had continuously been and remained a member thereof, and not of the Chapter 3.28 system pursuant to this Part 15, further, upon such restoration to former membership, there shall be no further option to become a member of the Chapter 3.28 system pursuant to this Part 15.

B. Upon restoration of membership in such Chapter 3.32 system pursuant to this section, the affected member and the city shall each respectively make such contributions and transfer such funds to the Chapter 3.32 retirement fund of the system to which the member is restored, as have been credited to their respective accounts in this system's retirement fund to the extent necessary, as though the former Part 15 member's membership in such Chapter 3.32 system had remained continuous and uninterrupted by any Part 15 membership in this system. The balance of any contributions required of the member and the city for such purposes shall be made available from any available source, including deductions from such member's further compensation where required.

(Prior code § 2907.1777; Ord. 18793.)

A. Each person who, within six months of the effective date of the ordinance adopting this Part 15, was:

1. A member of the police and fire department retirement system established by Chapter 3.32 of this title; and

2. Employed by the city in the position of typist; and

3. Entitled to or received a disability retirement from such position pursuant to such Chapter 3.32 prior to the effective date of this part shall have the option of becoming a Part 15 member, if such person's disability should cease and such person should be restored to active service pursuant to the retirement plan established by Chapter 3.32 of this Code in the position such person held at the time of retirement for disability.

B. Such option shall be exercised in the manner provided in Section 3.28.1860, as follows:

1. Not later than the thirtieth day immediately following the date on which the secretary of the retirement board has deposited in the United States Mail, after such restoration to active duty, a notice of the right to exercise such option; or

2. If earlier, not later than the ninetieth day immediately following the date of such restoration. Upon filing such statement in the manner and time hereinabove specified, such person shall be deemed to have become a Part 15 member in the same manner and to the same extent as provided in Section 3.28.1860. Anything elsewhere to the contrary notwithstanding, no such person shall become a member of the Chapter 3.28 plan unless the option herein given is exercised as specified in this Part 15.

(Prior code § 2904.1778; Ord. 18793.)