San Jose Municipal Code Part 11 Suspension or Termination

A. A person's membership in this retirement system shall be deemed automatically suspended for and during any and each of the following periods of time:

1. Any period of time for or during which such person is temporarily suspended from city service, unless such person is entitled to credit for such time as service pursuant to the provisions of Section 3.36.640;

2. Any period of time for or during which such person is temporarily laid off from city service because of lack of sufficient work requiring his or her services;

3. Any period of time for or during which such person has received or is on a leave of absence without full monthly compensation, regardless of whether or not such person may be entitled to credit for such time as service under and by virtue of other provisions of this chapter, excepting those leaves of absence to perform other city service which are specified in Subsections G. and H. of Section 3.36.610; and excepting those leaves of absence for the performance of military or naval duty for the United States of America in time of war or national emergency pursuant to Section 3.36.620 or as qualified military service as defined under Internal Revenue Code Section 414(u)(5);

4. Any other period of time for or during which such person is not receiving or entitled to receive such full monthly compensation as is otherwise provided for such person's class of position, regardless of whether or not such person may be entitled to credit for such time, as service, under and by virtue of other provisions of this chapter, excepting those leaves of absence to perform other city service which are specified in Subsections G. and H. of Section 3.36.610; and excepting those leaves of absence for the performance of military or naval duty for the United States of America in time of war or national emergency pursuant to Section 3.36.620 or as qualified military service as defined under Internal Revenue Code Section 414(u)(5);

5. Any other period of time for which such person is not entitled to credit as service under and by virtue of other provisions of this chapter.

B. Upon expiration of any such period of time, and upon return of such person to active full-time duty in the service of the city, such person's membership in this system shall be automatically reinstated as of the day he or she returns to such city service; provided, however, that if any member is hired or rehired or reinstated to employment with the city on or after August 4, 2013, and meets the definition of a tier 2 member under Section 3.36.020.15, such member shall became a tier 2 member.

C. Anything elsewhere to the contrary notwithstanding, no person shall be entitled to any disability retirement or to any disability retirement allowance because of any disability which occurs or arises during any period of time for or during which his or her membership is suspended by virtue of the provisions of this section, nor to the return of any contributions or interest thereon because of the suspension of his or her membership or while his or her membership is suspended. Also, except as may be otherwise specifically provided by the provisions of Subsection A.2. of Section 3.36.1200 and Subsection A.2. of Section 3.36.12, no surviving spouse, surviving domestic partner, surviving child or children, nor any estate, nor any other person, shall be entitled to any survivorship, death or other allowance or benefit under or by virtue of any provisions of this chapter because of any person's death if such death occurs during any time for or during which such deceased person's membership was suspended.

D. In the event survivorship benefits are paid pursuant to Subsection A.2. of Section 3.36.1200 or Subsection A.2. of Section 3.36.1250, because of the death of a member while on leave of absence to perform military or naval duty in time of war or national emergency, the monthly survivorship allowance shall be reduced by the amounts received by the survivor to whom the allowance is paid pursuant to the United States Social Security Act or other federal benefits program where such amounts are received by the survivor because the death of the member incurred while on such leave of absence.

(Prior code § 2903.300; Ords. 23807, 24081, 27712, 29266, 29332, 29879.)

A person's membership in this retirement system shall be deemed automatically terminated upon the occurrence of any of the following events:

A. Retirement of such person, under the provisions of this plan, for service or disability;

B. Death of such person, where his membership has not already been terminated for some other reason;

C. Resignation or discharge of such person from, or transfer of such person from, any position specified in Sections 3.36.170 or 3.36.200 which is held by him, unless he resigns or is transferred from such position to accept appointment to, or to be appointed to, and is immediately upon such resignation or transfer appointed to another position specified in said Sections 3.36.170 or 3.36.200, or discontinuance of such person's service in any such position so held by him because of abolition or discontinuance of such position, unless such person is immediately transferred upon discontinuance or abolition of such position to a position specified in Sections 3.36.170 or 3.36.200;

D. Resignation or discharge of such person from, or transfer of such person from, any position specified in Sections 3.36.180, 3.36.210 or 3.36.260 which is held by him, unless he resigns or is transferred from such position to accept appointment to, or to be appointed to, and is immediately upon such resignation or transfer appointed to, a position specified in Sections 3.36.170 or 3.36.200, or discontinuance of such person's service in any such position, unless such person is immediately transferred upon discontinuance or abolition of such position to a position specified in Sections 3.36.170 or 3.36.200;

E. Any discontinuance of such person's service in any position specified in Sections 3.36.170, 3.36.180, 3.36.200, 3.36.210 or 3.36.260 which is held by him, by reason of any suspension, layoff or leave of absence which is found by the retirement board to have resulted in permanent discontinuance of such service, as of the date of such finding by said retirement board, unless such permanent discontinuance of service is to accept appointment or transfer to, and such person is immediately upon such discontinuance transferred or appointed to, another position specified in Sections 3.36.170 or 3.36.200.

(Prior code § 2903.301.)

A. Any person entitled to credit for less than twenty years aggregate service (five years aggregate service in the case of a tier 2 member) whose membership is terminated for any of the reasons set forth in Subsections C. or D. of Section 3.36.1610 shall receive from the retirement fund all contributions made by him to the fund which have not theretofore been withdrawn by him, plus interest thereon as earned by said fund during the period of his aggregate service, but in no event shall any member receive interest on his accumulated contributions in excess of two percent per year. Neither said person or any survivor or estate of such person shall thereafter be entitled to any other allowance or benefit under this system. In any case, under the terms of this plan where a person is entitled to a return of employee contributions, such return of contributions shall include an amount equal to the amount of the employee contributions to the medical benefits account, plus interest accrued thereon at the rate of two percent per annum; provided, however, that no such return of contributions shall be paid from the medical benefits account.

B. If, on or after March 28, 2005, the member is to receive a distribution of an eligible rollover distribution, with a present value greater than one thousand dollars, and if a member does not elect to have such distribution paid directly to an eligible retirement plan specified by member in a direct rollover or to receive the distribution directly, then the system shall pay the distribution in a direct rollover to an individual retirement plan designated by the board in accordance with Section 401(a)(31)(B) of the Internal Revenue Code and IRS Notice 2005-5.

(Prior code § 2903.302; Ords. 28886, 29266, 29879.)

Editor's note— Ord. 27768, § 32, adopted June 20, 2006, repealed § 3.36.1630, which pertained to right of member under fifty-five years of age with more than twenty years' service to withdraw contributions or to continue contributions upon resignation, discharge or permanent discontinuance of service.

A. Any person credited with ten or more years of service on or after July 1, 1976, in this retirement plan whose membership is terminated after July 1, 1976, before such person retires, by reason of resignation or discharge, layoff or leave of absence deemed by the board to have resulted in permanent discontinuance (unless such permanent discontinuance is to accept transfer to or appointment to another position covered by the plan) shall have the right to elect in writing, on a form to be furnished by this plan, not later than ninety days after the date upon which notice of said right is mailed by this plan to the person's latest address on file in the office of this plan, whether to allow his or her accumulated contributions to remain in the retirement fund or to withdraw such contributions. Failure to make such election in writing shall be deemed an irrevocable election to withdraw his or her accumulated contributions. In the event of an election to withdraw, such person shall receive from the retirement fund the amount of such person's accumulated contributions to the fund, plus interest thereon as earned by the fund during the period of such person's service, but in no case shall the interest exceed two percent per annum. Thereafter, neither such person nor the surviving spouse, domestic partner, child or children, or estate of such person shall be entitled to any allowance or benefit whatsoever under the provisions of this chapter.

B. If on or after March 28, 2005, the member is to receive a distribution of an eligible rollover distribution, with a present value greater than one thousand dollars, and if a member does not elect to have such distribution paid directly to an eligible retirement plan specified by member in a direct rollover or to receive the distribution directly, then the system shall pay the distribution in a direct rollover to an individual retirement plan designated by the board in accordance with Section 401(a)(31)(B) of the Internal Revenue Code and IRS Notice 2005-5.

C. When both of the following conditions have been satisfied, a person (other than a tier 2 member) who has elected to allow his or her accumulated contributions to remain in the retirement fund may apply for a monthly allowance to be paid from the retirement fund:

1. Such person attains fifty-five years of age; and

2. Twenty years have elapsed from the time such person first became a member.

D. A person who separates from city service on or after July 5, 1992, and is not a tier 2 member may apply for a monthly allowance to be paid from the retirement fund if the conditions of Subsection B. are satisfied or if both of the following conditions are satisfied:

1. The person has attained fifty years of age; and

2. At the time the person separated from city service, the person was entitled to not less than twenty-five years of service credit in this plan.

E. The monthly allowance payable pursuant to this section shall be calculated as follows:

1. For a person who separated from city service prior to February 4, 1996, the monthly allowance shall be equal to two and one-half percent of the person's final compensation for each full year of service. In no event shall the person's monthly allowance exceed a maximum of seventy-five percent of his or her final compensation.

2. For a person who separated from city service on or after February 4, 1996, but prior to February 4, 2000, the monthly allowance shall be equal to two and one-half percent of the person's final compensation for each of the first twenty years of service plus three percent of the person's final compensation for each full year of service in excess of twenty years of service. In no event shall the person's monthly allowance exceed a maximum of eighty percent of his or her final compensation.

3. For a person who separated from city service on or after February 4, 2000, the monthly allowance shall be equal to two and one-half percent of his or her final compensation for each of the first twenty years of service plus three percent of his or her final compensation for each of the next five full years of service plus four percent of the person's final compensation for each full year of service in excess of the first twenty-five years of service; provided, however that in no event shall the monthly allowance exceed a maximum of eighty-five percent of the member's final compensation.

4. For a person who was employed in the police department and who separated from city service on or after July 1, 2006, the monthly allowance shall be equal to two and one-half percent of his or her final compensation for each of the first twenty years of service plus four percent of the person's final compensation for each full year of service in excess of twenty years of service; provided, however that in no event shall the monthly allowance exceed a maximum of ninety percent of the member's final compensation.

5. For a person who was employed in the fire department and who separated from city service on or after July 1, 2008:

a. If the person was credited with less than twenty years of service credit at the time of separation from service, he or she shall be paid from the retirement fund a monthly allowance equal to two and one-half percent of his or her final compensation for each year of service credit.

b. If the person was credited with twenty or more years of service credit at the time of separation from service, he or she shall be paid from the retirement fund a monthly allowance equal to three percent of his or her final compensation for each year of service credit; provided, however, that in no event shall the monthly service retirement allowance exceed a maximum of ninety percent of the member's final compensation.

F. For the purposes of this Section 3.36.1640, "service" means service performed for the city and for which the member is entitled to credit under the provisions of this chapter. "Service" shall not include service as an officer or employee of a reciprocal agency which is used to qualify for benefits pursuant to Section 3.36.3020.

G. In computing the amount of allowance payable, pro rata credit shall be given for a portion of a full year.

H. At any time after electing to allow his or her accumulated contributions to remain in the retirement fund, the person may submit a written request for a return of such contributions, in which event such contributions shall be returned to such person plus interest thereon as earned by the fund to the date such contributions are returned, but in no case shall interest exceed two percent per annum. Thereafter, neither such person nor the surviving spouse, domestic partner, child or children, or estate of such person shall be entitled to any allowance or benefit whatsoever under the provisions of this chapter.

I. For a person who is a tier 2 member and at the time the person separated from city service was entitled to not less than five years of service credit in this plan: Upon attaining a minimum age of fifty, he or she may apply for a retirement benefit from this retirement plan. The tier 2 member shall be paid from the retirement fund a monthly allowance determined, as applicable, under Section 3.36.808 or Section 3.36.809; provided, however, that in no event shall the annual amount of the service retirement allowance exceed a maximum of eighty percent of the member's final compensation. If the former tier 2 member applies for a benefit prior to attaining age fifty-seven, such retirement allowance shall be reduced by a factor seven percent for each year the tier 2 member retires before age fifty-seven, prorated to the closest month. The reduced benefit shall be determined by the actuary for the police and fire retirement plan. The early retirement reduction factors used are shown below:

At any time prior to commencing a benefit, in lieu of receiving a retirement benefit from the retirement plan, a tier 2 member may submit a written request for a return of his or her contributions, in which event such contributions shall be returned to such person plus interest thereon as earned by the fund to the date such contributions are returned, but in no case shall interest exceed two percent per annum. Thereafter, neither such person nor the surviving spouse, domestic partner, child or children, or estate of such person shall be entitled to any allowance or benefit whatsoever under the provisions of this chapter.

(Prior code § 2903.303a; Ords. 23807, 24200, 25614, 26229, 26836, 27712, 27721, 28300, 28886, 29266, 29879.)

Editor's note— Ord. 27768, § 33, adopted June 20, 2006, repealed § 3.36.1650, which pertained to required election under Section 3.36.1630 or Section 3.36.1640.

A. If after a person becomes entitled to the monthly allowance provided for in Section 3.36.1640, he or she should die before receiving any such allowance:

1. Such deceased person's surviving spouse, surviving domestic partner, eligible surviving child or children (as said terms are defined in Section 3.36.1200), shall be entitled:

a. Under the conditions described in Subsections C. and D. of Section 3.36.1200, to a sum of money equal to all contributions of the deceased person to the retirement fund plus interest thereon as earned by the fund to the deceased person's death, but in no case shall the interest exceed two percent per annum; and

b. Under the conditions described in Subsections F. and G. of Section 3.36.1200, and subject to the withholding provided for in Subsection H. of Section 3.36.1200, if a lump sum return of contributions and interest is chosen, a monthly allowance in the amount specified in Subsection B. of this section.

2. Such deceased person's estate shall be entitled, under the conditions described in Subsection E. of Section 3.36.1200, to a return of the deceased person's contributions together with interest thereon to the date of death, but in no case shall the interest exceed two percent per annum.

B. The amount of a monthly allowance payable under this section shall be:

1. To a surviving spouse or surviving domestic partner, one and eight hundred seventy-five thousandths percent of the deceased person's final compensation for each full year of service; provided, however, that in no event shall the monthly allowance exceed a maximum of thirty-seven and five-tenths percent of such final compensation. Pro rata credit shall be given for a portion of a full year. The monthly allowance shall be paid for the life of the surviving spouse or surviving domestic partner.

2. To one eligible surviving child, one and twenty-five hundredths percent of the deceased person's final compensation for each full year of service; provided, however, that in no event shall the monthly allowance exceed a maximum of twenty-five percent of such final compensation. Pro rata credit shall be given for a portion of a full year.

3. To each of two eligible surviving children, one-half of the amount specified in the following paragraph a., below, or one-half of the amount specified in the following paragraph b., below, whichever is the lesser amount:

a. One and eight hundred seventy-five thousandths percent of such deceased person's final compensation for each full year of service; provided, however, that in no event shall the combined monthly allowance payable to the children exceed a maximum of fifty percent of such final compensation. Pro rata credit shall be given for a portion of a full year.

b. That percentage of the deceased person's final compensation which, when added to the percentage of such final compensation which is paid or payable to a surviving spouse or surviving domestic partner of such deceased person will not exceed a total of seventy-five percent of such final compensation.

4. To each of three or more eligible surviving children, the amount specified in the following paragraph a. or the amount specified in the following paragraph b., whichever is the lesser amount:

a. Two and five-tenths percent of such deceased person's final compensation for each full year of service, divided by the number of children entitled to receive an allowance; provided, however, that in no event shall the combined monthly allowance paid to the children exceed a maximum of seventy-five percent of such final compensation. Pro rata credit shall be given for a portion of a full year.

b. That percentage of the deceased person's final compensation which, when added to the percentage of such final compensation which is paid or payable to a surviving spouse or surviving domestic partner of such deceased person will not exceed a total of seventy-five percent of such final compensation, divided by the number of children entitled to receive an allowance.

C. Each child who, if he or she were under the age of eighteen years, would be a surviving child as defined in Section 3.36.1200, and entitled to payment of contributions and monthly allowance hereunder, shall, if he or she otherwise meets the eligibility requirements of Part 9, it being assumed for purposes of such part that such child would be entitled to a surviving child's monthly survivorship allowance under Part 8 if he or she were under eighteen years of age, be entitled to a child's school allowance for the time set forth in Section 3.36.1440 in the same amount, including return of contributions and monthly survivorship allowance as set forth above for surviving child and children.

D. The aggregate benefit amount paid to the surviving spouse and surviving children of a tier 2 member under this Section 3.36.1660 shall not exceed eighty percent of the tier 2 member's final compensation.

(Prior code § 2903.303b; Ords. 19478, 23807, 26836, 27712, 29266, 29879.)

A. If after a person becomes entitled to the monthly allowance provided for in Section 3.36.1640, he or she should die after receiving any such allowance, such person's surviving spouse, surviving domestic partner, surviving child or children (as said terms are defined in Section 3.36.1230) shall be entitled to a monthly allowance under the conditions described in Subsections C. and D. of Section 3.36.1320, the amount of such monthly allowance to be as set forth in Subsection B. of this section, and such deceased person's estate shall be entitled to a payment of one thousand dollars under the conditions described in Section 3.36.1230.E.

B. The amount of such monthly allowance payable under this section shall be:

1. To a surviving spouse or surviving domestic partner, one and eight hundred seventy-five thousandths percent of the deceased person's final compensation for each full year of service; provided, however, that in no event shall the monthly allowance exceed a maximum of thirty-seven and one-half percent of such final compensation. Pro rata credit shall be given for a portion of a full year. The monthly allowance shall be paid for the life of the surviving spouse or surviving domestic partner.

2. To one eligible surviving child, one and twenty-five hundredths percent of the deceased person's final compensation for each full year of service; provided, however, that in no event shall the monthly allowance exceed a maximum of twenty-five percent of such final compensation. Pro rata credit shall be given for a portion of a full year;

3. To each of two eligible surviving children, one-half of the amount specified in the following paragraph a., or one-half of the amount specified in the following paragraph b., whichever is the lesser amount:

a. One and eight hundred seventy-five thousandths percent of the deceased person's final compensation for each full year of service; provided, however, that in no event shall the combined monthly allowance payable to the children exceed a maximum of fifty percent of such final compensation. Pro rata credit shall be given for a portion of a full year;

b. That percentage of the deceased person's final compensation which, when added to the percentage of such final compensation which is paid or payable to a surviving spouse or surviving domestic partner of the deceased person, will not exceed a total of seventy-five percent of such final compensation;

4. To each of three or more eligible surviving children, the amount specified in the following paragraph a., or the amount specified in the following paragraph b., whichever is the lesser amount:

a. Two and one-half percent of the deceased person's final compensation for each full year of service, divided by the number of children entitled to receive an allowance; provided, however, that in no event shall the combined monthly allowance paid to the children exceed a maximum of seventy-five percent of such final compensation. Pro rata credit shall be given for a portion of a full year.

b. That percentage of the deceased person's final compensation which, when added to the percentage of such final compensation which is paid or payable to a surviving spouse or surviving domestic partner of such deceased person, will not exceed a total of seventy-five percent of such final compensation, divided by the number of children entitled to receive an allowance.

C. Each child who, if he or she were under the age of eighteen years, would be a surviving child as defined in Section 3.36.1230 and entitled to payment of a monthly survivorship allowance hereunder shall, if he or she otherwise meets the eligibility requirements of this Part 9, it being assumed for purposes of such part that such child would be entitled to a surviving child's monthly survivorship allowance under Part 8 if he or she were under eighteen years of age, be entitled to a child's school allowance for the time set forth in Section 3.36.1440 in the same amount, including return of contributions and monthly survivorship allowance, as set forth above for surviving child and children.

D. Such deceased person shall, for the purpose of the definition of spouse, domestic partner, child or children contained in this section, be deemed to have retired as of the date such deceased person first receives a monthly allowance hereunder.

E. If a tier 2 member becomes entitled to the monthly allowance provided for in Section 3.36.1640 and he or she should die after receiving any such allowance, such person's surviving spouse, surviving domestic partner, surviving child or children (as said terms are defined in Section 3.36.1230) shall be entitled to benefits under this Section 3.36.1670 provided; however, such benefits shall not exceed an amount equal to eighty percent of the tier 2 member's final compensation.

(Prior code § 2903.303c; Ords. 23807, 26836, 27712, 29266, 29879.)

If such person mentioned in Section 3.36.1640 should die before he or she reaches fifty-five years of age and before twenty years have elapsed from the time such person first became a member of this system, such deceased person's surviving spouse, surviving domestic partner, surviving child or children (as such terms are defined in Section 3.36.1250), or such deceased person's estate shall be entitled under the condition described in Subsections C., D. or E. of Section 3.36.1250, whichever is applicable, either (i) to the return from the retirement fund of a sum of money equal to such deceased person's contributions to the retirement fund, plus interest thereon to the date of death, as earned by such fund, but in no case shall the interest exceed two percent per year, or (ii) to the sum of one thousand dollars, whichever is greater. A surviving spouse or surviving domestic partner shall be paid benefits under this section regardless of whether the spouse or domestic partner is married or has established a domestic partnership at the time the benefits become payable.

If the survivor benefit paid under this Section 3.36.1680 with respect to a tier 2 member is the sum of one thousand dollars, such amount shall be reduced to the extent it exceeds eighty percent of the tier 2 member's final compensation.

(Prior code § 2903.303d; Ords. 23807, 27712, 29266, 29879.)

All monthly allowances and monthly survivorship allowances payable under Sections 3.36.1640, 3.36.1660 and 3.36.1670 shall be eligible for and entitled to the cost of living increases or decreases set forth in Chapter 3.44 of this Code. For purposes of Section 3.44.040, such person shall be deemed to have retired as of the first day of the first period for which he receives a monthly allowance.

(Prior code § 2903.303e; Ord. 18378.)

A. Subject to the provisions of Subsection B., in the event a person's membership in this plan is terminated because of the abolition or discontinuance of the office or position held by him or her in the police or fire department, but such person is transferred, without a break in service and without being requested to take any civil service examination therefor, to a new office or position in a department other than the police or fire department, and the functions and duties of his or her new office or position are substantially the same as those performed by him or her in the former office or position in the police or fire department, and if in addition he or she thereby becomes a member of the retirement plan established by Chapter 3.24 or Chapter 3.28 of this Code and elects and becomes entitled to receive credit under such plan for service to which he or she was entitled to credit under this plan, then in such event:

1. The person may elect, in lieu of receiving or being entitled to any other rights, benefits or moneys under this plan, to have all of his or her accumulated contributions in this retirement fund, with interest thereon, transferred and paid to the retirement fund established pursuant to Chapters 3.24 and 3.28. Such election shall be made in the manner and time specified in Section 3.24.1080 or 3.28.650.

2. Upon such election being made, said accumulated contributions and interest earned thereon, plus all contributions made by the city to this plan because of such person's membership herein, shall be transferred and paid to the retirement fund established pursuant to Chapters 3.24 and 3.28 of this Code, and thereafter, neither the person making such election nor any survivor or estate of such person shall be entitled to any rights, benefits, allowance or moneys under this plan.

B. In the event the accumulated contributions in this retirement fund of a person who makes the election described in Subsection A. exceed the contributions required for the purchase of service credit in the Chapter 3.24 or 3.28 retirement plan and there is no provision in the Chapter 3.24 or 3.28 retirement plan for a credit against future contributions, then that portion of the accumulated contributions in this retirement fund that is in excess of the contributions required for such purchase of service credit shall remain in this retirement fund and shall be refunded, plus accrued interest at the rate of two percent (2%) per annum, to the person at the time the person separates from city service,

(Prior code § 2903.304; Ord. 27768.)

A. Subject to the provisions of Subsection B., in the event a person's membership in this plan is terminated, and if in addition he or she thereafter becomes a member of the retirement plan established by Chapter 3.24 or Chapter 3.28 of the San José Municipal Code and elects and becomes entitled under Section 3.24.1090, 3.28.650 or 3.28.660 to receive credit under such plan for service to which he or she was entitled to credit under this plan, then in such event:

1. The person must elect to have all of his or her accumulated contributions in this Plan, with interest thereon, transferred and paid to the retirement fund established pursuant to Chapters 3.24 and 3.28 of this Code. Such election shall be made in the manner and time specified in Section 3.24.1090 or 3.28.660 of this Code.

2. Upon such election being made, said accumulated contributions, and interest earned thereon, in accordance with said election, shall be transferred and paid to the retirement fund established pursuant to Chapters 3.24 and 3.28 of this Code, and thereafter, neither the person making such election nor any survivor or estate of such person, shall be entitled to any rights, benefits, allowance or moneys under this plan.

3. Also, upon said election being made, all contributions made by the city to this retirement fund because of said person's membership herein shall be transferred and paid to the retirement fund established pursuant to Chapters 3.24 and 3.28 of this Code.

B. In the event the accumulated contributions in this retirement fund of a person who makes the election described in Subsection A. exceed the contributions required for the purchase of service credit in the Chapter 3.24 or 3.28 retirement plan and there is no provision in the Chapter 3.24 or 3.28 retirement plan for a credit against future contributions, then that portion of the accumulated contributions in this retirement fund that is in excess of the contributions required for such purchase of service credit shall remain in this retirement fund and shall be refunded, plus accrued interest at the rate of two percent (2%) per annum, to the person at the time the person separates from city service.

(Prior code § 2903.305; Ord. 27768.)