San Jose Municipal Code Part 13 Retirement

A member shall be retired for service upon his written application to the board if:

A. He has attained age fifty-five and is entitled to be credited with at least twenty years of continuous service; or

B. The following conditions exist:

1. He is separated from city service because of a curtailment of or a change in the manner of performing such service, and not because of resignation or dismissal under charges;

2. He has attained age fifty and is entitled to be credited with fifteen or more years of city service;

3. The board determines that his separation is of an extended and uncertain duration, and not the separation normally experienced by members in positions known at the time of employment to be of limited duration or on a seasonal or intermittent basis.

(Prior code § 2904.110.)

Every member shall be retired on the first day of the calendar month next succeeding that in which he attains age seventy. Every member who on July 1, 1951, has attained age seventy shall be retired forthwith.

(Prior code § 2904.111.)

As used in this chapter, "disability" and "incapacity for performance of duty" as a basis of retirement, means disability of permanent or extended and uncertain duration, as determined by the board on the basis of competent medical opinion.

(Prior code § 2904.112.)

Any member incapacitated for the performance of duty shall be retired for disability pursuant to these sections if he is entitled to be credited with ten years of city service, regardless of age.

(Prior code § 2904.113.)

Application to the board for retirement of a member for disability may be made by:

A. The head of the office or department in which the member is or was last employed;

B. The city manager;

C. The member, or any person in his behalf who is legally authorized to act for him.

(Prior code § 2904.114.)

The application shall be made only while the member is in city service, within four months after his discontinuance of city service, or while he is physically or mentally incapacitated to perform his duties from the date of discontinuance of city service to the time of application or motion. On receipt of an application, the board shall, or of its own motion it may, order a medical examination of a member who is otherwise eligible to retire for disability to determine whether he is incapacitated for the performance of duty.

(Prior code § 2904.115.)

The board may require any recipient of a disability retirement allowance under the minimum age for voluntary retirement for service to undergo medical examination, and upon his application for reinstatement, shall cause a medical examination to be made of any such recipient who is at least six months less than the age of seventy. Such examination shall be made by a physician or surgeon, appointed by the board, at the place of residence of the recipient or other place mutually agreed upon. Upon the basis of such examination, he board shall determine whether he is still incapacitated, physically or mentally, for service in a position of the same class as the position held by him when retired for disability, or for other duties proposed to be assigned to him.

(Prior code § 2904.117.)

If the medical examination and other available information show to the satisfaction of the board that the member is incapacitated physically or mentally for the performance of his duties in the city service and is eligible to retire for disability, the board shall forthwith retire him for disability.

(Prior code § 2904.116.)

If any recipient of a disability retirement allowance under the minimum age for voluntary retirement for service applicable to members of his class refuses to submit to medical examination, the pension portions of his allowance may be discontinued until his withdrawal of such refusal. If such refusal continues for one year, his disability retirement allowance may be canceled.

(Prior code § 2904.120.)

If the board determines that such recipient is not so incapacitated, his disability retirement allowance shall be cancelled forthwith. He shall then be reinstated, at his option, to the position held by him when retired for disability or to a position in the same classification with duties within his capacity.

(Prior code § 2904.118.)

If the recipient of a disability retirement allowance is reemployed in federated city service, as federated city service is defined in Chapter 3.28 of this title, and thus becomes eligible for membership in the retirement system established by said Chapter 3.28, his disability retirement allowance shall be canceled as of the time he enters said federated city service and he shall thereafter be governed by the provisions of said Chapter 3.28.

(Prior code § 2904.121.)

If the retirement allowance of any person retired for disability is canceled for any cause other than reentrance into city service, and if he does not reenter city service, an account which is the actuarial equivalent of his annuity at cancellation, based on a disabled life, but not exceeding the amount of his accumulated contributions at the time of his retirement for disability shall be credited to his individual account, and shall be refunded to him unless he elects, under Section 3.24.510, to allow his accumulated contributions to remain in the retirement fund.

(Prior code § 2904.122.)

A person who has been retired for service under this system may be reinstated from retirement to the federated city service pursuant to the provisions of Section 3.28.410 of this Code. Upon such reinstatement the service retirement allowance theretofore payable to him under this system shall be canceled.

(Prior code § 2904.123.)

A person who has been retired under this system for service or for disability shall not be employed thereafter by the city unless he has first been reinstated from retirement pursuant to this chapter. The provisions of Section 3.24.1430 apply to any person employed in violation of this section.

(Prior code § 2904.126.)