Chapter 3.36 police and fire plan - Effective February 1, 2002 and for tier 2 members effective March 31, 2017.
San José Municipal Code § 3.44.150
in effect3.44.150 - Chapter 3.36 police and fire plan - Effective February 1, 2002 and for tier 2 members effective March 31, 2017.
A. Notwithstanding the other provisions of this chapter to the contrary, effective February 1, 2002, the following provisions shall apply to those persons who receive monthly allowances pursuant to the provisions of the police and fire department retirement plan set forth in Chapter 3.32 or Chapter 3.36 of the San José Municipal Code:
1. "Subject year" shall mean the consecutive twelve months from February 1 of one calendar year to January 31 of the following calendar year, respectively, commencing with the twelve-month period from February 1, 2002, to January 31, 2003.
2. Each retirement allowance and each survivorship allowance which is payable under Chapter 3.32 or Chapter 3.36 in any subject year which begins on or after February 1, 2002, together with any increases or decreases in the amount of any such allowance which were previously made pursuant to this Chapter 3.44, shall be increased by three percent per annum in lieu of the increase otherwise provided in this chapter. The first such three percent increase shall be made on February 1, 2002. With respect to tier 2 members, effective March 31, 2017, the retirement board of the retirement plan pursuant to which the retirement allowances and survivorship allowances under Chapter 3.32 or 3.36 specified in the preceding sections of this chapter are payable, shall within the first three calendar months of each subject year, beginning with the first three months of the calendar year 2014, determine the percentage of increase or decrease in the cost of living during the index-year next preceding the subject year. Such shall be done by reference to the most current consumer price index for all urban consumers (CPI-U), San José-San Francisco-Oakland metropolitan area, all items (1967 = 100), as published by the United States Department of Labor's Bureau of Labor Statistics, showing the cost-of-living increase or decrease during the month of December of such index-year over or below the cost of living during the month of December of the calendar year immediately preceding such index-year. Each retirement allowance and each survivorship allowance which is payable to a tier 2 member (or survivor of such tier 2 member) shall be increased by the lower of (i) the percentage of such increase in the CPI-U, or (ii) two percent. A tier 2 member's first COLA after retirement shall be prorated based on the number of months retired.
3. Each increase (if any for tier 2 members) shall become effective beginning with the allowance payable for the month of February in each subject year.
4. The accumulation of the excess of cost-of-living percentages as provided in Section 3.44.040 shall not apply.
B. The provisions of this Chapter 3.44 which are not inconsistent with the provisions of Subsection A. shall continue to apply with respect to the persons described in Subsection A.
C. Except as provided in Section 3.36.1520.E. of Chapter 3.36, in determining any cost-of-living contributions that may be due under this Chapter 3.44, any amount of unfunded actuarial accrued liability shall not be used to offset the normal cost rate.
(Ords. 26417, 29266, 29879.)
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_CH3.44CO-LAD_3.44.150CH3.36POFIPLFFFE12002TI2MEEFMA312017Fetched: 11/1/2026