San Jose Municipal Code Part 1 Increase Based on Benefit Years

For the purposes of this Part 1, certain words and phrases are defined in this section and shall be construed as set forth herein unless it is apparent from the context that a different meaning is intended.

A. "Monthly allowance" means the monthly retirement allowance or the monthly survivorship allowance payable pursuant to the provisions of Chapter 3.32 or Chapter 3.36 of this Code, including any increase in any monthly allowance payable pursuant to Chapter 3.40, Chapter 3.41 or Chapter 3.44 of this Code.

B. "Benefit years" means the years a former member or the survivor of a former member has received a monthly allowance, calculated as follows:

1. In the case of a retirement allowance paid to a former member, the benefit years are those complete years calculated from the date of retirement to and including July 1, 1985.

2. In the case of a survivorship allowance paid to the survivor of a former member who died prior to retirement, the benefit years are those complete years calculated from the date of the death of the former member to and including July 1, 1985.

3. In the case of a survivorship allowance paid to the survivor of a former member who died after retirement, the benefit years are those complete years calculated from the date of the former member's retirement to and including July 1, 1985.

C. "Former member" means a person who was a member of the police and fire department retirement plan set forth in Chapter 3.32 or Chapter 3.36 of this Code and who, on or before July 1, 1984, retired from city employment for service or disability pursuant to the provisions of said plan or who, on or before July 1, 1984, died during his or her employment with the city.

(Ords. 22279, 24095.)

Subject to the provisions of Section 3.42.050, each monthly retirement allowance and each monthly survivorship allowance which becomes payable on or after July 1, 1986, to any person pursuant to the provisions of Chapter 3.32 or Chapter 3.36 by reason of the retirement or death of a former member of the police and fire department retirement plan on or before July 1, 1984, shall be increased in accordance with the following formula:

x Number of benefit years as defined in Section 3.42.010.B.

(Ords. 22279, 24095.)

The costs of the increases in monthly allowances provided by Section 3.42.020 shall be borne by and paid from the police and fire department retirement plan.

(Ords. 22279, 24095.)

A. Except as otherwise provided in this section, the allowance payable pursuant to Section 3.42.020 shall be increased or decreased in the same way that allowances subject to the provisions of Chapter 3.44 of Title 3 of this Code are increased or decreased pursuant to said Chapter 3.44.

B. In no event shall the allowance payable pursuant to Section 3.42.020 be decreased below the amount which the recipient is to receive under Section 3.42.020 as of July 1986.

C. To the extent any provisions of said Chapter 3.44 are inconsistent with the provisions of this Part 1, the provisions of this Part 1 shall govern and control.

(Ords. 22279, 24095.)

The city council of the City of San José may amend, modify or repeal any or all of the provisions of this Part 1 at any time or from time to time in order to increase, reduce or extinguish the monthly allowance herein provided for, and the enactment of this Part 1 shall not in any way be deemed to give any person any irrevocable or vested right to the monthly allowances herein provided, such allowances expressly being granted subject to the reservations of this section.

(Ords. 22279, 24095.)