Service credit.
San José Municipal Code § 3.28.2530
in effect3.28.2530 - Service credit.
A. Except as provided in Subsection C. below, if a member other than a tier 2 member elects to purchase credit for eligible prior service and pay the contributions and interest specified in this part and subsequently does pay such contributions and interest, the member shall become entitled to credit under this system for all the eligible prior service for which such contributions and interest are paid.
B. If a member elects to purchase credit for eligible prior service and pay the contributions and interest specified in this part but fails to complete the required payments because of death before retirement, retirement, or other separation from city service, the member shall be credited with the amount of service which is determined by the board to be attributable to the contributions and interest paid as of the date of the member's death, retirement, or other separation from city service.
C. If the calculation of contributions for the purchase of eligible prior service was based on the member's final compensation (as described in Section 3.28.2520B.2.), but the member fails to retire within one year of the date of the election, then the prior service credited to the member shall be reduced to the amount of service credit which the member would have purchased had the calculation been based on the member's compensation earnable as of the date of the election (as described in Section 3.28.2520B.1.).
(Ords. 25732, 29120.)
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_CH3.281975FEEMREPL_PT22PUPRSECR_3.28.2530SECRFetched: 11/1/2026