DEATH

SJ-MC tit. 3, div. II, ch. 3.24, pt. 20

in effect

San José Municipal Code § 3.24.2000 Death benefits - Conditions.

3.24.2000 - Death benefits - Conditions. Upon the death, before the effective date of his retirement or before his retirement is approved, whichever is the later, of a member while in the city service, or within four months after discontinuance of city service, provided he has not been paid more than one-fourth of his accumulated normal contributions, or while physically or mentally incapacitated for the performance of his duty, if such incapacity has been continuous from discontinuance of city service, this system is liable for a death benefit, payable to his estate or to his beneficiary. Upon the death, before the effective date of his retirement or before his retirement is approved, whichever is the later, of a member under circumstances in which this system is not so liable for the death benefit, this system is liable for a limited death benefit which consists only of accumulated contributions of the member, payable to his estate or his beneficiary. (Prior code § 2904.152.)

San José Municipal Code § 3.24.2010 Basic death benefit - Designated.

3.24.2010 - Basic death benefit - Designated. The basic death benefit shall consist of: A. His accumulated contributions; B. An amount provided from contributions by the city equal to one-twelfth of the annual compensation earnable by the deceased member during the twelve months immediately preceding his death, multiplied by the number of completed years of service under the system, but not to exceed one-half of such compensation. (Prior code § 2904.153.)

San José Municipal Code § 3.24.2020 Basic death benefits - Election procedures.

3.24.2020 - Basic death benefits - Election procedures. A. A member may elect or by a writing filed with the board to have all or part of the basic death benefit paid in monthly installments, fixed in number or amount and not involving life contingency, subject to such rules as the board may adopt. Regular interest shall be credited on the unpaid balance of benefits payable. B. If a member dies without having made an election under subsection A. of this section, his beneficiary, after the death of the member and prior to the payment to him of the basic death benefit or any part thereof, may elect by a writing filed with the board to have the basic death benefit paid to him in the manner provided in subsection A. of this section. C. When an election has been made to have the basic death benefit paid in accordance with subsection A. of this section, the first of such installments shall be paid on the first day of the month next following the date when the basic death benefit would otherwise be payable, and one of such installments shall be paid on the first day of each month thereafter. Such monthly installments shall be the actuarial equivalent of the portion of the basic death benefit to be paid in installments on the date that such basic death benefit would otherwise be payable. D. The board may provide that any election by a member or by a beneficiary under the provisions of this section is void if the amount of this monthly installment is less than the minimum amount fixed by the board. (Prior code § 2904.154.)

San José Municipal Code § 3.24.2030 Payment on death of one receiving retirement allowance.

3.24.2030 - Payment on death of one receiving retirement allowance. Upon the death of any person, after retirement and while receiving a retirement allowance from this system, there shall be paid to his estate or to such beneficiary as he shall nominate by written designation duly executed and filed with the board, the sum of five hundred dollars, to be provided from contributions by the city. (Prior code § 2904.155.)

San José Municipal Code § 3.24.2040 Death prior to retirement - Payment to spouse, children or estate.

3.24.2040 - Death prior to retirement - Payment to spouse, children or estate. A. Upon the death while in city service and before the effective date of his retirement of a member who has attained the minimum age for voluntary service retirement applicable to him at the time of his death and who is credited with twenty or more years of city service, a monthly allowance equal to one-half of the unmodified retirement allowance which the member would have been entitled to receive if he had retired for service on the date of his death shall be payable as follows: 1. If the deceased member was a male and is survived by a surviving wife, said monthly allowance shall be paid to his surviving wife for as long as she lives; or 2. If the deceased member was a female and is survived by a surviving husband, said monthly allowance shall be paid to the surviving husband for as long as he lives; or 3. If the deceased member is not survived by either a surviving wife or surviving husband, but is survived by a surviving unmarried child or children under the age of eighteen years, said monthly allowance shall be paid to such of his or her said children as are both unmarried and under the age of eighteen years, share and share alike, until each has either married or attained the age of eighteen years, whichever is the earlier; provided, that no child shall be entitled to or be paid any allowance under this section after marrying or attaining the age of eighteen years. 4. If the deceased member is survived by a surviving wife or surviving husband and such surviving wife or surviving husband subsequently dies before all children of the deceased member shall have either married or attained the age of eighteen years, said monthly allowance shall then be paid to such of his said children, if any, as are unmarried and under the age of eighteen years, share and share alike, until each has either married or attained the age of eighteen years; provided, that no child shall be entitled to or be paid any allowance after marrying or attaining the age of eighteen years. 5. If the deceased member is not survived by a surviving wife or surviving husband or by any surviving children who are unmarried and under the age of eighteen years, no monthly allowance shall be payable under this section. B. The allowance provided by this section shall be paid in lieu of the basic death benefit, but the surviving wife or surviving husband, or, if there is no surviving wife or surviving husband, all of the surviving children, if any, who qualify for said monthly allowance, may elect, before any monthly allowance is paid to any person under this section, to receive said basic death benefit in lieu of said monthly allowance, in which event the basic death benefit shall be paid to whomsoever is entitled to the same and no allowance shall be paid to any person under this section. C. If the total of all monthly allowances paid or payable under this section is less than the basic death benefit which would have been otherwise payable on account of the member's death, the amount of such basic death benefit less the total amount of all allowances paid under this section shall be paid in a lump sum to the surviving children, if any, of the deceased member, share and share alike, or, if there are no such children, to the estate of the person last receiving said allowance. D. The board shall compute the amount by which benefits paid pursuant to this section exceed the benefits which would otherwise be payable, and shall charge any such excess against the contributions of the city so that there shall be no increase in contributions of the members by reason of benefits paid pursuant to this section. E. As used in this section, a "surviving wife" means a wife who was married to the deceased member at the time of the member's death and for at least one year immediately preceding his death, a "surviving husband" means a husband who was married to the deceased member at the time of the member's death and for at least one year immediately preceding the member's death, and "child" includes a posthumously born child of the deceased member. (Prior code § 2904.156.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT3PE_IIREPL_CH3.24RESYSUJU11951_PT20DEFetched: 11/1/2026