San Jose Municipal Code Part 12 Death After Retirement

Except as may be otherwise specifically provided by other provisions of this Chapter 3.28, the provisions of this Part 12 shall apply only when a member of this System dies after he or she has been retired pursuant to the provisions of this System and while he or she is so retired.

(Prior code § 2904.1550; Ords. 29120, 29904.)

As used in this Part 12:

A. "Death after retirement" means death of a former member of this system after he or she has been retired under this system and while he or she is on such retirement.

B. "Surviving child" and "surviving children" mean such child or children of a deceased member that meet and satisfy all of the following conditions and requirements:

1. The child survives the member's death; and

2. The child is neither married nor a member of a registered domestic partnership at the time of the member's death; and

3. The child is under the age of eighteen years at the time of the member's death; and

4. If the child is an adopted child of the member, the adoption was completed pursuant to law prior to the member's death.

A child who has been married, but whose marriage has been dissolved by divorce or death, shall not be deemed to be a surviving child as said term is used in this Part 12. A child who has been a member of a registered domestic partnership, but whose partnership has been terminated through a proceeding for dissolution or by filing a notice of termination of domestic partnership or by death, shall not be deemed to be a surviving child as said term is used in this Part 12.

C. "Surviving spouse" means the person to whom a person retired under the provisions of this system was married both at the time of such retired person's retirement and at the time of such retired person's death who survives such retired person's death, and none other.

D. "Surviving domestic partner" means the person:

1. With whom a person retired under the provisions of this system had established a registered domestic partnership by filing a declaration of domestic partnership with the secretary of state pursuant to Division 2.5 of the California Family Code or had formed a legal union other than a marriage in a jurisdiction other than California and such union is recognized as a domestic partnership pursuant to California Family Code Section 299.2; and

2. Was in the domestic partnership with the retired person both at the time of such retired person's retirement and at the time of such retired person's death; and

3. Who survives the retired person's death.

(Prior code §§ 2904.1551 - 2904.1553; Ords. 23806, 27521.)

The benefits hereinafter specified in Sections 3.28.1580, 3.28.1590 and 3.28.1600 of this part shall be payable to the person specified in said sections in each of the following situations, and none other:

A. Upon the death after retirement of a former member who at the time of retirement was entitled to credit for five or more years of federated city service rendered after June 30, 1975, while he or she was a member of this system;

B. Upon the death after retirement of a former member who was a former member of the Chapter 3.24 retirement system who became a member of this system pursuant to the provisions of Section 3.28.400 and who, in addition, had five hundred dollars or more of accumulated contributions in the retirement fund at the time of retirement under this system;

C. Upon the death after retirement of a former member who became a member of this system pursuant to a transfer of communication functions from the county of Santa Clara to the City of San José and who was granted a retirement pursuant to Section 3.28.1110A.3. of this chapter.

(Prior code § 2904.1554; Ords. 21371, 22314, 23485.)

Subject to other provisions of this Chapter 3.28, in any of the situations specified in Section 3.28.1570, the surviving spouse or the surviving domestic partner, if any, of such deceased person shall thereafter be entitled to receive and shall be paid from the retirement fund, until the surviving spouse's or surviving domestic partner's death, an annual allowance equal to fifty percent (50%) of the amount of retirement allowance to which said deceased former member was theretofore entitled to receive under this System.

(Prior code § 2904.1555; Ords. 27521, 29120, 29904.)

Subject to other provisions of this Chapter 3.28, in any of the situations specified in Section 3.28.1570, if at the time of such former member's death after retirement there is no surviving spouse and no surviving domestic partner, but there is or are a surviving child or surviving children, the following allowances shall be paid to such surviving child or children:

A. If there is only one (1) eligible surviving child, such child shall be entitled to receive and shall be paid from the retirement fund, until he or she attains the age of eighteen (18) years, marries, establishes a registered domestic partnership, or dies, whichever is earlier, an annual allowance equal to twenty-five percent (25%) of the allowance to which a surviving spouse or surviving domestic partner would have been entitled under the provisions of Section 3.28.1570 if there had been a surviving spouse or surviving domestic partner.

B. If there are two (2) or more surviving children, each eligible surviving child thereafter in existence shall be entitled to receive and shall be paid, from the retirement fund, until he or she attains the age of eighteen (18) years, marries, establishes a registered domestic partnership, or dies, whichever is earlier, an annual allowance equal to that proportion of the allowance which would have been payable to a surviving spouse or surviving domestic partner under Section 3.28.1580 if there had been a surviving spouse or surviving domestic partner which one bears to the total number of eligible surviving children in existence at the time any such allowance becomes payable, subject to the following limitations:

1. The annual allowance payable to any surviving child under this subsection B. shall never exceed twenty-five percent (25%) of the annual allowance which would have been payable to a surviving spouse or surviving domestic partner under Section 3.28.1580 if there had been a surviving spouse or surviving domestic partner; and

2. The total allowances payable to all surviving children under this subsection B. shall never exceed seventy-five percent (75%) of the annual allowance which would have been payable to a surviving spouse or surviving domestic partner under Section 3.28.1580 if there had been a surviving spouse or surviving domestic partner.

C. This Section 3.28.1590 shall apply to Tier 2 members provided, however, such amount shall not exceed seventy percent (70%) of the Tier 2 member's final compensation.

(Prior code § 2904.1556; Ords. 27521, 29120, 29904.)

Subject to other provisions of this Chapter 3.28, in any of the situations specified in Section 3.28.1570, if at the time of such former member's death after retirement there is a surviving spouse or surviving domestic partner but he or she subsequently dies, any eligible surviving child or children existing at the time of the surviving spouse's or surviving domestic partner's death and surviving thereafter shall be entitled, upon cessation of the surviving spouse's or surviving domestic partner's allowance, to receive the following:

A. If only one (1) eligible surviving child exists after the death of the surviving spouse or surviving domestic partner and cessation of his or her allowance, such child shall be entitled to receive and shall be paid from the retirement fund, until he or she attains the age of eighteen (18) years, marries, establishes a registered domestic partnership, or dies, whichever is earlier, an annual allowance equal to twenty-five percent (25%) of the annual allowance to which the surviving spouse or surviving domestic partner was theretofore entitled under Section 3.28.1580.

B. If two (2) or more eligible surviving children exist after the death of the surviving spouse or surviving domestic partner and cessation of his or her allowance, each surviving child thereafter in existence shall be entitled to receive and shall be paid from the retirement fund, until he or she attains the age of eighteen (18) years, marries, establishes a registered domestic partnership, or dies, whichever is earlier, an annual allowance equal to that proportion of the annual allowance which the surviving spouse or surviving domestic partner theretofore was entitled to receive under Section 3.28.1570, which one bears to the total number of eligible surviving children in existence at the time any such allowance becomes payable, subject to the following limitations:

1. The annual allowance payable to any surviving child shall never exceed twenty-five percent (25%) of the annual allowance theretofore paid to the surviving spouse or surviving domestic partner under Section 3.28.1580, and;

2. The total annual allowance paid to all surviving children shall never exceed seventy-five percent (75%) of the annual allowance theretofore paid to the surviving spouse or surviving domestic partner under Section 3.28.1570.

C. This Section 3.28.1600 shall apply to Tier 2 members provided, however, such amount shall not exceed seventy percent (70%) of the Tier 2 member's final compensation.

(Prior code § 2904.1557; Ords. 27521, 29120, 29904.)

Except as otherwise provided herein, any survivorship allowance which is payable under the provisions of this Chapter to any surviving child or children shall be paid to such parent or parents of such child or children as have custody of such child or children for the benefit of such child or children; or, if a guardian or guardians have been appointed for such child or children and the Board shall have received notice thereof, to the guardian or guardians of such child or children for the benefit of such child or children. Notwithstanding the above, however, the Board, in its discretion, may at any time or from time to time pay said allowances to any other person or persons, for the benefit of such child or children, or directly to the child or children, if it finds that such will be for the best interests of the children. In addition, the Board may, if it has reason to believe that such allowances are not being used for the benefit of the child or children entitled thereto, suspend such payments, or any of them, until such time as it receives assurance; satisfactory to the Board, that such payments will be used for the benefit of the children entitled thereto. No person shall have any claim against the Board or any member thereof because of or by reason of the Board's changing the person or persons to whom such payments are made. This Section 3.28.1610 shall apply to Tier 2 members provided, however, such amount shall not exceed seventy percent (70%) of the Tier 2 member's final compensation.

(Prior code § 2904.1559; Ords. 29120, 29904.)

Subject to other provisions of this Chapter 3.28, upon the death after retirement of a former member of this system, there shall be paid to his estate, or to such beneficiary as he may designate by written designation filed with the retirement board, the sum of five hundred dollars. This benefit is additional to such other benefits as may be provided by other provisions of this system. Notwithstanding the foregoing, this Section 3.28.1620 is not applicable to tier 2 members.

(Prior code § 2904.1560; Ord. 29120.)

For purposes of this Part 12, a posthumously born child shall be deemed to be a surviving child in existence at the time of said former member's death, but shall not be entitled to any allowance hereunder for any time prior to its actual birth.

(Prior code § 2904.1561.)