San Jose Municipal Code Part 12 Absences

A member is absent on military service when he is absent from city service by reason of service with the armed forces or the Merchant Marine of the United States, or on ships operated by or for the United States Government, either during a war involving the United States as a belligerent or in any other national emergency or in time of peace if he is drafted for such service by the United States Government, and for six months thereafter.

(Prior code § 2904.102.)

Any member so absent who does not qualify to have his contributions made by the city under Section 3.24.1150 may contribute to this system, either during his absence on military service or upon his return to city service, at times and in the manner prescribed by the board, amounts equal to the contributions which would have been made by him to the system on the basis of his compensation earnable at the commencement of his absence if he had remained in city service. When made, such contributions are normal contributions.

(Prior code § 2904.103.)

If he does so contribute, he shall receive credit for the absence as city service in the same manner as if he had not been absent from city service. If he does not contribute, he shall receive credit for the absence as city service solely for the purpose of qualifications for retirement and death benefits.

(Prior code § 2904.104.)

Any member absent on military service or absent from city service by reason of having been ordered by an authorized official of this state or the United States to duties outside city service shall be paid his accumulated contributions upon his request. Such payment terminates any election by such member to contribute.

(Prior code § 2904.105.)

Whenever a member elects to continue and continues such contributions, the same contributions shall be made by the city in respect to such absence that would have been made if the member had not been absent on military service.

(Prior code § 2904.106.)

Notwithstanding the provisions of the preceding sections of this part, the city shall contribute for each member of this system, who is absent without compensation from city service on military service or on ships operated by or for the United States Government (not including service in the Merchant Marine), and who returns to city service within six months after discharge under conditions other than dishonorable, or within six months after any period of rehabilitation afforded by the United States Government including a period of rehabilitation for purely educational purposes, amounts equal to the contributions which would have been made by the employee and the city to the system on the basis of his compensation earnable at the commencement of his absence, plus the annual salary adjustments which he would have received if he had not been so absent. For the purpose of this section, the member absent on military service shall be deemed to have received a service rating for the period of such absence entitling him to annual salary adjustments. For the purpose of this section, a member who is or was granted a leave of absence or placed on a city civil service reemployment list as of the same date he was reinstated from military leave shall be considered as having returned to city service within said six months, if he returns to city service at the end of such leave of absence or upon offer of employment from the reemployment list, or if he retires under this system for service or disability during such leave.

(Prior code § 2904.107.)

The contributions required of the city pursuant to Section 3.24.1150 may be made in one sum, or in the manner in which other contributions are made. Contributions pursuant to Section 3.24.1150 shall be available only for the purpose of benefits payable in event of death or retirement for service or disability and shall be made available only for the purpose of benefits payable in event of death or retirement, and an employee resigning from city service after reinstatement from military service shall be entitled to withdraw under Sections 3.24.510, 3.24.620 or 3.24.640 only that portion of his accumulated contributions personally made by him.

(Prior code § 2904.108.)

Time during which a member is absent from city service by reason of injury or illness determined within one year after the end of such absence to have arisen out of and in the course of his employment shall be considered as spent in city service for the purpose of qualification for retirement and death benefits, but not for calculation of retirement benefits unless he contributes as provided in Section 3.24.1180 and except as he receives compensation as distinguished from disability indemnity under the Labor Code, during the absence, and then only to the extent of compensation received.

(Prior code § 2904.109.)

Any member so absent by reason of such service-connected injury or illness may contribute to this system during his absence or upon his return to city service at times and in the manner prescribed by the board such amounts as may be necessary, when added to contributions deducted from compensation as distinguished from disability indemnity received by him during his absence, to contributions he would have made had he not been absent. If he does so contribute, he shall receive credit for all of the absence as city service.

(Prior code § 2904.109a.)