San Jose Municipal Code Part 12 Increased Benefits for Certain Persons

A. Each person who, on or after April 12, 1960 but prior to the effective date of this chapter held any position in the police department or fire department in one of the classes of positions designated in Sections 3.36.170 or 3.36.200 of this chapter, and who, in addition, on or after April 12, 1960, and prior to the effective date of this chapter was retired for service from such position under the provisions of the police and fire department retirement plan established by Chapter 3.32 of this Code, shall have the option of hereafter receiving the benefits provided by this chapter, subject to all the provisions of this chapter, including survivorship and death benefits, the same as though he were retired for service pursuant to the provisions of this chapter in lieu of receiving or being entitled to any benefits or rights under the provisions of the police and fire department retirement plan established by Chapter 3.32 of this Code.

B. Each of said persons in order to exercise his option, shall file with the secretary of the retirement board a written statement, on a form to be furnished to him on his request by said board, declaring that he elects to hereafter receive the benefits provided by this chapter in lieu of such benefits or rights as he may have under the provisions of the police and fire department retirement plan established by Chapter 3.32. Said statement shall be filed as aforesaid on or before and no later than the ninetieth day immediately following the effective date of this chapter. Upon filing said statement in the manner and time hereinabove specified, such person shall hereafter be entitled to benefits provided by this chapter, and shall be subject to all the provisions and conditions of this chapter, the same as if he had retired for service hereunder. Each such person so electing to receive the benefits provided by this chapter shall cease being a member of the retirement system established by Chapter 3.32 of this Code as of the date he exercises such option, and shall thereafter not be entitled to any of the benefits provided by the system established by said Chapter 3.32.

(Prior code § 2903.325.)

A. The surviving widow and surviving child or children of any person who on or after April 12, 1960, but prior to the effective date of this chapter held any position in the police department or fire department in one of the classes of positions designated in Sections 3.36.170 or 3.36.200 of this chapter and who, in addition, on or after April 12, 1960, and prior to the effective date of this chapter died while holding such a position, shall have the option of receiving the survivorship and death benefits, if any, provided by this chapter, subject to all the provisions of this chapter, the same as if the deceased person were a member of this retirement system at the time of his death, in lieu of receiving or being entitled to any benefit or rights under the provisions of the police or fire department retirement plan established by Chapter 3.32 of this Code; provided, that if such surviving widow has already received the deceased person's contributions to the retirement system established by Chapter 3.32, plus interest on said contributions, pursuant to Section 3.32.350, the monthly allowances payable to such widow and or child or children shall be withheld and not paid to the persons entitled to the same until such time as the total amount of allowances so withheld should equal the total amount paid to such surviving widow pursuant to said Section 3.32.350 in the same manner and to the same extent as provided for in subsection A.6.i. of Section 3.36.1200 of this chapter. If said contributions and interest thereon have not been paid to such widow, then all of the provisions of this chapter shall be applicable thereto.

B. Said option shall be exercised by such surviving widow on her own behalf and on behalf of all such children; and if there be no surviving widow, such option shall be exercised by the duly appointed guardian or guardians of all such surviving children.

C. In order to exercise said option, such person shall file with the secretary of the retirement board a written statement on a form to be furnished by said board to such person on his request, declaring that he elects to receive the benefits provided by this chapter in lieu of any benefit or right as he may have under the provisions of the police and fire department retirement plan established by Chapter 3.32. Said statement shall be filed as aforesaid within sixty days from and after the effective date of the ordinance codified herein, and no later. Upon filing said statement in the manner and time hereinabove specified such person shall thereafter be entitled to make application for and receive the benefits, if any, provided by this chapter, and subject to all the provisions and conditions of this chapter. Each such person so electing to receive the benefits provided by this chapter shall thereafter have no right to any of the benefits provided by the retirement system established by Chapter 3.32 of this Code.

(Prior code § 2903.325a.)

A. Each person who, on or after April 12, 1960 but prior to the effective date of this chapter held any position in the police department or fire departments in one of the classes of positions designated in Section 3.36.170 or 3.36.200 of this chapter, and who, in addition, on or after April 12, 1960 and prior to the effective date of this chapter was retired for service-connected or nonservice-connected disability from such position under the provisions of the police and fire department retirement plan established by Chapter 3.32 of this Code, shall have the option of hereafter receiving the benefits provided by this chapter, including survivorship and death benefits, subject to all the provisions of this chapter, for such service-connected or nonservice-connected disability, as the case may be, in lieu of receiving or being entitled to any benefits or rights under the provisions of the police and fire department plan established by Chapter 3.32 of this Code. In no event, however, shall any disability retirement allowance paid to him under the provisions of this chapter cover or be for any period of time preceding the effective date of this chapter.

B. Each of said persons, in order to exercise his option, shall file with the secretary of the retirement board a written statement, on a form to be furnished to him on his request by said board, declaring that he elects to hereafter receive the benefits provided by this chapter in lieu of such benefits or rights as he may have under the provisions of the police and fire department plan established by Chapter 3.32 of this Code. Said statement shall be filed as aforesaid on or before and no later than the ninetieth day immediately following the effective date of this plan. Upon filing said statement in the manner and time hereinabove specified, such person shall hereafter be entitled to the benefits provided by this chapter, and shall be subject to all the provisions and conditions of this chapter, the same as if he had been retired for said disability hereunder. Each such person so electing to receive the benefits provided by this chapter shall cease being a member of the retirement system established by Chapter 3.32 as of the date he exercises such option, and shall thereafter not be entitled to any of the benefits provided by said system established by Chapter 3.32.

(Prior cede § 2903.326.)

A. Each person who held on or after April 12, 1960 but prior to the effective date of this chapter any position in the police department or fire department of the city which is included in the list of positions specified in Sections 3.36.170 or 3.36.200 of this chapter and who, in addition, on or after April 12, 1960 but prior to the effective date of this chapter resigned or was discharged from such position and who in addition at the time of such resignation or discharge had not yet attained fifty-five years of age but was entitled to credit for not less then twenty years of service under the police and fire department retirement plan established by Chapter 3.32 of this Code, and who in addition at or prior to the time he or she exercises the option hereinafter given to him or her has not yet withdrawn from the retirement fund any contributions theretofore made by him or her under the provisions of the police and fire department retirement plan established by Chapter 3.32, shall have the right, if he or she so elects within the time and in the manner hereinafter specified, to have all his or her said contributions transferred to an account maintained under the provisions of this chapter and left in the retirement fund as contributions made by him or her under this chapter.

B. Each of said persons, in order to exercise the option to have his or her contributions transferred to an account maintained under the provisions of this chapter as provided for in this section, shall file with the secretary of the retirement board a written statement, on a form to be furnished by said board upon his or her request, declaring that he or she elects to have all contributions theretofore made by him or her under the police and fire department retirement plan established by Chapter 3.32 transferred to an account maintained under this chapter and left in the retirement fund as contributions made by him or her under this chapter. Said statement shall be filed as aforesaid on or before and no later than the ninetieth day immediately following the effective date of this plan. In no event may said statement be filed, and in no event may any such person elect to continue contributions under this section and have any rights under this section if the person has already withdrawn from the retirement fund all contributions theretofore made by him or her to said fund.

(Prior code § 2903.327; Ord. 27768.)

Any and all allowances or benefits payable under and by virtue of the provisions of this Part 12 may be cancelled and terminated by the retirement board, in its discretion, if the recipient thereof should commit treason or be convicted of a felony.

(Prior code § 2903.328.)