San Jose Municipal Code Part 22 Special Benefits for Certain Former Communications Department Employees

A. Subject to the conditions, limitations, restrictions and requirements hereinafter set forth or contained in this section or in other sections of this Part 22, any person employed on September 8, 1974, in the city's communications department who on September 9, 1974, was employed by the county of Santa Clara in the Santa Clara County communications department shall have an option to elect to obtain the special benefits provided for in this part, in lieu of any other rights or benefits provided by other provisions of this part, if all of the following requirements and conditions are met and satisfied:

1. Such person was on September 8, 1974, a member of this retirement system; and

2. Such person's employment in the communications department of the city was terminated, from any cause, on September 8, 1974; and

3. At the time of termination of said person's employment in the communications department of the city such person had standing to his credit in this retirement system accumulated contributions of five hundred dollars or more; and

4. Such person shall not have withdrawn from the retirement fund pursuant to Section 3.24.510 any portion of his accumulated contributions, or, if he shall have withdrawn any such accumulated contributions pursuant to such Section 3.24.510, he repays to the secretary, for deposit in the retirement fund, at the time he exercises the option herein granted to him, an amount of money equal to all accumulated contributions theretofore withdrawn by him pursuant to said Section 3.24.510; and

5. Such person shall not have retired, nor shall have received any retirement benefits, pursuant to the provisions of this retirement system.

B. No such person to whom such option is hereinabove given shall be governed by the provisions of this Part 22; nor be entitled to any of the rights or benefits provided for in this Part 22 unless he exercises such option in the manner and within the time specified in this section and no later.

C. Each such person who exercises said option within the time and in the manner specified in this section shall on and after the exercise of such option be governed by the provisions of this Part 22, and be entitled to the rights and benefits provided for in this part, subject to the abovementioned conditions, limitations, restrictions and requirements, in lieu of being governed by any other provision of this chapter and in lieu of being entitled to any other rights or benefits provided by other provisions of this chapter.

D. Each person who is given the option specified in this section must, if he desires to exercise said option and in order to exercise the same, file with the secretary of the retirement board a written statement on a form to be furnished to him on his request by said secretary, declaring that he elects to exercise said option, and must in addition, if he shall have already withdrawn any accumulated contributions pursuant to Section 3.24.510, pay to the said secretary, for redeposit in the retirement fund, any and all accumulated contributions theretofore withdrawn by him pursuant to said Section 3.24.510. Said statement shall be filed and said moneys shall be paid as aforesaid on or before and no later than December 31, 1974.

E. Upon filing such written statement and payment of such money in the manner and within the time hereinabove specified, such person shall be deemed to have exercised his option.

F. Each person who is eligible for and who exercises the abovementioned option in the time and manner specified in this section shall continue to be a member of the retirement system established by this chapter, but shall be entitled only to the allowance and benefits provided for in this Part 22, and to no other benefits or allowances.

(Prior code § 2904.168.)

A. If a person who is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in said Section 3.24.2150, and such person's employment with the county of Santa Clara continues without interruption from September 9, 1974 until termination by his retirement, either for service or for disability, under and pursuant to a retirement plan or system of said county, then in that event such person upon being so retired from county service shall be deemed to have retired, for the same cause, from city service, as of the day of his retirement from county service.

B. Upon such retirement from city service, such person shall be entitled to receive, and shall be paid, from the retirement fund established by this retirement plan or system, a monthly service retirement allowance or, if his retirement from county service is for disability, a monthly disability retirement allowance. Such monthly service retirement or monthly disability retirement allowance, as the case may be, shall be an amount of money which, when added to the monthly retirement allowance which such person will be entitled to receive under and pursuant to any applicable county retirement plan or system, will make the total amount of such city allowance and county allowance equal to the monthly service retirement allowance, or the monthly disability retirement allowance if the retirement is for disability, which such person would be entitled to receive under and pursuant to the provisions of this retirement system (other than the provisions of this Part 22), as it existed on September 8, 1974, if such person were entitled to have credited to him, as city service, all county service for which he is entitled to credit under the county retirement system or plan and if such county service had been rendered for the city at the same rate of compensation as that paid him by the county for such service.

C. In determining or computing the amount of any of the abovementioned city or county allowances, no modification shall be made because of such person's election to have part of his allowance paid to himself during his life and a part paid after his death to any survivor, estate or other person under any option, settlement provision or provisions existing in either the city's retirement system or in the county's retirement system. However, nothing herein contained shall be deemed to prohibit such person from exercising any optional settlement rights granted him by a county retirement system or plan. Also, if any person retiring from city service pursuant to the provisions of this Section 3.24.2160 should wish to have part of his above-specified city retirement allowance paid to himself during his life and a part paid after his death to a survivor, estate or other person under and pursuant to the optional settlement provisions of Part 19 of this chapter, he shall have the right to have such done under and pursuant to and subject to the provisions of Part 19 of this chapter.

D. If after retiring from county and city service as aforesaid any said person should become reinstated into county service, his city retirement and city retirement allowance shall cease as of the date he is reinstated into county service, and except to the extent hereinafter otherwise expressly provided, neither he nor his estate or any of his survivors shall thereafter have any right to any retirement allowance, or any right to any allowance under any optional retirement provision. However, if after being so reinstated into county service he should again be retired from county service, he shall then again be deemed to have retired, for the same cause, from city service as of the date of his last retirement from county service, and shall be entitled to a city retirement allowance in an amount determined and calculated in accordance with the above provisions of this section, and shall have such other rights as are hereinabove expressly granted by the above provisions of this section with respect to his retirement.

E. The provisions of this section shall not be applicable, and a person shall have no rights thereunder, if such person's employment with the county commenced on September 9, 1974, is terminated by means or for any reason other than service retirement or disability retirement, even though at the time of termination of such county service, or subsequent thereto, such person is or becomes entitled to a retirement allowance or any other benefit under the county's retirement system or plan.

(Prior code § 2904.169.)

A. In each of the following situations:

1. Where a person who is eligible for and entitled to the option specified in Section 3.24.2150, and such person's employment with the county of Santa Clara continues without interruption from September 9, 1974 until termination by his death before retirement and while in the county service; or

2. Where a person is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in said Section 3.24.2150, and such person subsequently retires from city service pursuant to the provisions of Section 3.24.2160 and then dies within four months from and after the effective date of this said retirement without having received from the city, for or because of such retirement, benefits or allowances totaling more than one-quarter of his total accumulated contributions in the retirement system; or

3. Where a person who is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in said Section 3.24.2150, and such person's service with and for the county of Santa Clara is subsequently discontinued by means other than retirement, because of physical or mental incapacity for the performance of duty, and such discontinuance and incapacity continues without interruption from the time of his discontinuance of county service until his death, and such person has not withdrawn any of his accumulated contribution from either the county's or the city's retirement system; such person's designated beneficiary, or his estate if no beneficiary shall have been designated, shall be entitled to receive, and shall be paid, from the retirement fund established by the provisions of this part, as a death benefit, the following sums of money:

a. All of such person's accumulated contributions, if any, in this retirement system; and

b. An amount of money equal to one-twelfth of such person's annual compensation during the twelve months immediately preceding the termination of his service with and for the county of Santa Clara, multiplied by the total number of completed years of service for which he is entitled to credit under his retirement system and under said county's retirement system, but not to exceed a maximum of one-half of such annual compensation, reduced by the amount of death benefit, excluding return of accumulated contributions, paid or payable to such beneficiary and/or estate under the said county's retirement system.

B. Subject to the provisions of Section 3.24.2020, the person because of whose death such death benefit is payable may elect prior to his death, or his beneficiary may elect after his death, to have said death benefit paid in installments as provided in Section 3.24.2020 of this chapter.

C. In no event shall any beneficiary, estate or other person be entitled to any payments under the provisions of this section if any person is paid or becomes entitled to any allowance or benefits under the provisions of Section 3.24.2180.

(Prior code § 2904.170.)

A. If a person who is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in such Section 3.24.2150, and if in addition such person's employment with the county of Santa Clara continues without interruption from September 9, 1974 until terminated by his death before retirement and while in county service, and if in addition such person at the time of his said death had already attained the age of fifty-five years and was entitled to credit, under the retirement system of the county of Santa Clara and under this retirement system, for a total of twenty or more years of county and city service, then in that event a monthly allowance equal to one-half of the monthly service retirement allowance which such person would have been entitled to receive pursuant to the provisions of Section 3.24.2160 from the retirement fund established by this retirement plan or system if as of the date of his death he had retired from county and city service pursuant to the provisions of said Section 3.24.2160, shall be paid to the following persons, as follows:

1. If the abovementioned deceased person leaves a surviving spouse, to his surviving spouse for as long as such surviving spouse lives or until such surviving spouse remarries, whichever is earlier; and thereafter, collectively to those surviving children, if any, of the abovementioned deceased person who are under the age of eighteen years and unmarried until all such children attain the age of eighteen years, become married or die, whichever is earlier; provided that no child shall be entitled to receive or be paid any allowance after he or she marries, attains the age of eighteen years or dies;

2. If the abovementioned deceased person leaves no surviving spouse, but leaves surviving unmarried children under the age of eighteen years, collectively to those surviving unmarried children who are under the age of eighteen years until all such children become married, attain eighteen years of age or die, whichever is earlier; provided that no child shall be entitled to receive or be paid any allowance after he or she marries, attains the age of eighteen years or dies.

B. If the abovementioned deceased person leaves no surviving spouse and no unmarried children under the age of eighteen years at the time of his death, no allowance shall be payable or paid under or pursuant to the provisions of this section.

C. Any allowance payable or paid under or pursuant to the provisions of this section shall be in lieu of any benefits payable under or pursuant to the provisions of Section 3.24.2170; however, a person, or such person's guardian, qualifying for an allowance under this section may elect, before receiving any such allowance, to receive the benefits payable under Section 3.24.2170 in lieu of receiving or being entitled to receive any allowance or allowances under this section.

D. As used in this section, "surviving spouse" means a surviving husband or wife who was married to the abovementioned deceased person for at least one year immediately prior to the deceased person's death, and "surviving child" includes a surviving posthumously born child.

E. If, after all payments to which any person or persons may be entitled under the above provisions of this section have been paid, the total of such payments made under the above provisions of this section are less than the basic death benefit which would otherwise have been payable under Section 3.24.2170 because of said person's death, then in that event the amount of such basic death benefit, less the amount of all payments made under and pursuant to this section, shall be paid in a lump sum as follows:

1. If the person last entitled to the allowance provided by this section was the surviving spouse of the abovementioned deceased person, and such surviving spouse has remarried and is alive, such sum shall be paid to such remarried spouse;

2. Otherwise, to the surviving children of the abovementioned deceased person, share and share alike, or if there are no surviving children, to the estate of the person last entitled to any allowance under this section.

(Prior code § 2904.171.)

A. 1.

If a person who is eligible for and entitled to the option specified in said Section 3.24.2150 exercises such option in the manner and time specified in said Section 3.24.2150, and if, in addition, such person's employment with the county of Santa Clara is discontinued by reason of resignation or discharge, or by reason of layoff or leave of absence deemed by the administering board of the retirement system of the county to have resulted in permanent discontinuance (and in such case, as of the date of the determination by said board that the discontinuance is permanent), or if the disability retirement of such person under both the county's retirement system and under the city's retirement system is followed by cessation of the disability and cancellation of the disability allowance such person was receiving from the county retirement system and also the disability allowance such person was receiving from this retirement system and such person does not reenter county or city service or employment, and if in addition the total amount of such person's accumulated contributions standing to his credit at such time in this city's retirement system is five hundred dollars or more, he shall have the right to elect, not later than ninety days after the date upon which notice of such right is mailed by this system to such person's latest address on file in the office of this system, whether to allow all or part (but in no event less than five hundred dollars) of his accumulated contributions to remain in the retirement fund of this system. Failure to make such election shall be deemed an irrevocable election to withdraw his accumulated contributions unless the member is entitled to credit for twenty years of service with the city. An election to allow all or part of one's accumulated contributions to remain in the retirement fund established by this system may be revoked at any time as to all the contributions allowed to remain in the fund, or as to any part of them in excess of five hundred dollars; and all contributions covered by such revocation may then be withdrawn.

2. Upon withdrawal of any accumulated contributions, the member withdrawing the same shall lose, and shall not be entitled to any credit for, any city service on account of which such withdrawn contributions had theretofore been paid into this system's retirement fund. In determining the city service for which a member is no longer entitled to credit upon withdrawal of all or part of his contributions, the withdrawn contributions shall be deemed to have been paid into the retirement fund on account of the latest city service rendered by such person to the city, or on account of his earliest such service if so requested by such person at the time he withdraws his contributions.

3. Such person may at any time, if he so elects, voluntarily relinquish such right as he may have to be credited for city service during such periods of time as may be designated by him without withdrawing any contributions paid by him because of such city service, provided he retains credit for not less than five years of continuous city service; and in such event, in determining his eligibility for or the amount of any benefits to which he may become entitled, he shall be given no credit for any service so relinquished by him, and any contributions left in the fund which were made because of the service for which he has relinquished credit shall be treated as additional contributions made pursuant to Section 3.24.590 or Section 3.24.740.

4. If such person does elect, in the above circumstances, to allow his accumulated contributions to remain in the retirement fund established by this system, his membership in this system shall be deemed to continue, and he shall be entitled to retirement for service or disability upon satisfying the requirements for such retirement as contained in other parts of this chapter, as such parts exist and are worded on September 9, 1974, except that he shall not be subject to the minimum service requirements. After qualification of such member for retirement by reason of age or disability, he shall be entitled to receive a retirement allowance based upon the amount of his accumulated contributions and city service standing to his credit at the time of retirement and on the city employer contributions held for him, and calculated in the manner provided by the provisions of other parts of this chapter, as they read on September 8, 1974, for determination of the amount of such allowance for other members of this system except that the provisions of this chapter for minimum service and disability retirement allowances do not apply to him unless he meets the minimum service requirements therefor. In the event such member should die before retiring pursuant to the provisions of this section, a death benefit equal to his accumulated contributions in this retirement system shall be paid to his designated beneficiary, or to his estate if he fails to designate a beneficiary, unless a death benefit is payable under the provisions of Section 3.24.2170 in which latter event the death benefit payable under Section 3.24.2170 shall be deemed to be in lieu of any death benefit provided for herein and no death benefit shall be payable under the provisions of this section.

B. 1.

In the event that the retirement system of the county of Santa Clara should also give to said member the right in the above-specified circumstances, to continue to be a member of the county retirement system and do subsequently become entitled to service or disability retirement under the county system at the same time that such person could retire under the provisions of subsection A. of this section, and if such member should subsequently retire for service or disability under the county's system pursuant to such provisions of the county's retirement system at the same time that he retires under the city's retirement system pursuant to the above provisions of subsection A. of this section, then in that event the monthly service retirement allowance or monthly disability retirement allowance, as the case may be, which such person shall be entitled to receive from the retirement fund established by this city system shall be, in lieu of the amount hereinabove specified in subsection A., an amount of money which, when added to the monthly retirement allowance which such person will be entitled to receive under and pursuant to the county retirement system, will make the total amount of such city allowance and county allowance equal the monthly service retirement allowance, or the monthly disability retirement allowance if the retirement is for disability, which such persons would be entitled to receive under and pursuant to the provisions of subsection A. of this section if such person were entitled to have credited to him as city service all county service for which he is entitled to credit under the county retirement system and if such county service had been rendered at the same rate of compensation as that paid to him by the county for such service.

2. In determining or computing the amount of any of the abovementioned city or county allowances, no modification shall be made because of said person's election to have part of his allowance paid to himself during his life and a part paid after his death to any survivor, estate or other person under any optional settlement provision or provisions existing in either the city's retirement system or in the county's retirement system. However, nothing herein contained shall be deemed to prohibit such person from exercising any optional settlement rights granted him by a county retirement system or plan. Also, if any person retiring from city service pursuant to the provisions of this Section 3.24.2190 should wish to have part of his above-specified city retirement allowance paid to himself during his life and a part paid after his death to a survivor, estate or other person under and pursuant to the optional settlement provisions of Part 19 of this chapter, he shall have the right to have such done under and pursuant to and subject to the provisions of said Part 19.

3. If, after retiring from county and city service as aforesaid, any such person should become reinstated into county service, his city retirement and city requirement allowance shall cease as of the date he is reinstated into county service, and, except to the extent hereinafter otherwise expressly provided, neither he nor his estate or any of his survivors or beneficiaries shall thereafter have any right to any retirement allowance or any right to any allowance under any optional retirement provision. However, if after being so reinstated into county service he should again be retired from county service, he shall then again be deemed to have retired, for the same cause, from city service as of the date of his last retirement from county services, and shall be entitled to a city retirement allowance in an amount determined and calculated in accordance with the above provisions of this section, and shall have such other rights as are hereinabove expressly granted by the above provisions of this section with respect to his first retirement.

(Prior code § 2904.172.)

A. If after retiring from city service under and pursuant to the provisions of Sections 3.24.2160 or 3.24.2190 such retired person should again become an officer or employee of the City of San José, other than as a member of the city council or member of a city board or commission, his city retirement and city retirement allowance shall cease as of the date he is re-employed by the city, and, except to the extent hereinafter otherwise expressly provided in this section, neither he nor his estate or any of his survivors or beneficiaries shall thereafter have any right to any retirement allowance, or any right to any allowance under any optional settlement provision, or any other right under the provisions of this chapter. If such person's new employment with the city is in a position which entitles him to membership in the retirement system established by the provisions of this chapter, he shall thenceforth have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter; provided and excepting, however, that if he should subsequently retire under and pursuant to the provisions of other parts of this chapter, and if at the time he so retires pursuant to provisions of such other parts he is receiving or is or becomes entitled to receive a retirement allowance from the county of Santa Clara because of county service rendered after September 9, 1974, then in that event only he shall have the right to receive, if he so elects, on retiring from city service under this retirement system, while he is receiving a retirement allowance from the county of Santa Clara, a monthly retirement allowance from the city determined and calculated as provided in Section 3.24.2160. The last-mentioned election must be made prior to the time he is granted retirement.

B. If a person who is eligible for and entitled to the option specified in Section 3.24.2150 exercises such option in the manner and time specified in Section 3.24.2150, but such person's employment with the county of Santa Clara does not continue without interruption from September 9, 1974, until terminated by his retirement, either for service or disability, under and pursuant to the retirement plan or system of said county, and such person should subsequently again become an officer or employee of the city, he shall thenceforth have no rights whatsoever to any allowances or benefits under the provisions of this Part 22, except such as may hereinafter be expressly granted by the provisions of this section. If such person's said new employment with the city is in a position entitling him to membership in the retirement system established by the provisions of this chapter, he shall thenceforth have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter; provided and excepting, however, that if such person's employment with the county of Santa Clara had been discontinued under and by virtue of circumstances or reasons specified in Section 3.24.2190, and if in addition upon so discontinuing his employment with the county such person was entitled to continue and has continued his membership in the county's retirement system as described in subsection B. of Section 3.24.2190, and if in addition such person, at the same time that he should subsequently retire from city service under the retirement system established by this chapter should also be eligible to retire and does retire for or from county service under the county's retirement system, then in that event only he shall have the right to receive, if he so elects, on retiring from city service under this retirement system while he is receiving a retirement allowance from the county, a monthly retirement allowance from the city determined and calculated as provided in Section 3.24.2160. The last-mentioned election must be made prior to the time he is granted retirement.

(Prior code § 2904.173.)

A. Either:

1. Any person who is eligible for and entitled to the option specified in Section 3.24.2150 and who exercises such option in the manner and time specified in Section 3.24.2150; or

2. Any person employed on September 8, 1974, in the communications department of the city who on September 9, 1974 was employed in the communications department of the county of Santa Clara, who had five hundred dollars or more of accumulated contributions standing to his credit in this system on September 8, 1974, all of which contributions were withdrawn by such person upon county employment; who is not entitled to service or disability retirement in the county system; and

3. Whose employment with the county of Santa Clara terminated for any reason on or before March 7, 1975, and who returned to city employment on or before March 7, 1975; or

4. Who is laid off from the county and returns to city employment on or before September 8, 1976, shall be entitled to credit under this system for service rendered to the county by contributing, within thirty days after returning to city employment, to this system for such period of county service, an amount of money such person would have been required to contribute to this system had he been a city employee during his period of county employment based upon his county rate of compensation, and his compensation for retirement purposes shall for such period of county service be computed at the rate of pay paid him by the county for such service.

B. In the event any person returns to city service under this section, the other sections of Part 22 shall not apply to him, and he shall have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter, except insofar as additional rights, if any, are given by this Section 3.24.2210.

(Prior code § 2904.174.)

A. Any person who is eligible for and entitled to the option specified in Section 3.24.2150 who exercises such option in the manner and time specified in said Section 3.24.2150 whose employment with the county of Santa Clara continues without interruption from September 9, 1974 until he reaches age fifty-five, who is otherwise eligible to retire for service under and pursuant to a retirement plan or system of the county, except that he does not have five years of county service, who terminates his employment with the county at age fifty-five, shall be deemed to have retired from city service and eligible for service retirement benefits under other parts of this chapter as of the day of such termination, if he contributes, within thirty days after such termination, to this system for his period of county service the amount of money he would have been required to contribute to this system had he been a city employee during his period of county employment based upon his county rate of compensation, and his compensation for retirement purposes shall for such period of county service be computed at the rate of compensation paid him by the county for such service.

B. In the event that such person elects to contribute said amount under the conditions above stated, the other sections of Part 22 shall not apply to him, and he shall have only such retirement and other rights as are provided for members generally by the provisions of other parts of this chapter, except insofar as additional rights, if any, are given by this section.

(Prior code § 2904.175.)

All additional costs incurred by this retirement system because of any special benefits provided by the provisions of this Part 22 to any city officers or employees or former officers or employees over and above such benefits as would be provided to such employees by provisions of other parts of this chapter if this Part 22 had not been adopted shall be borne and paid for by the city.

(Prior code § 2904.177.)

Whenever reference is made by any of the provisions of this Part 22 to any other parts, or to any sections contained in any other part of this chapter, such reference shall be deemed to be made to such other part or section or sections as it or they existed on September 8, 1974.

(Prior code § 2904.176.)