SURVIVING CHILD'S SCHOOL ALLOWANCE

SJ-MC tit. 3, div. II, ch. 3.28, pt. 14

in effect

San José Municipal Code § 3.28.1750 Definitions.

3.28.1750 - Definitions. As used in this Part 14: A. "Educational institution" is a school (including a technical, trade or vocational school), a junior college, college or university, which meets any of the conditions described in the following subsections of this section: 1. It is operated or directly supported by the United States, or by any state of the United States, or by any local government or political subdivision thereof; or 2. It is approved by a state or accredited by a state-recognized or nationally recognized accrediting agency or body. A nationally recognized accrediting agency or body is an agency or body that has been determined to be such by the United States Commissioner of Education. A state-recognized accrediting agency or body is an agency or body designated or recognized by a state as a proper authority for accrediting schools, colleges or universities as meeting educational standards. Approval by a state includes approval of a school, college or university as an educational institution, or of one or more of the school's, college's or university's courses by a state agency or subdivision of the state. This approval may be indirect, as for example, if attendance at the school satisfies the state's compulsory education laws, or if the school has tax exemption as a school, or if the school receives financial aid, loans or scholarship allowances; or 3. In the case of a non-accredited school, college or university, its credits are accepted, on transfer, by not less than three institutions which have been accredited by a state-recognized or nationally recognized accrediting agency or body, for credit on the same basis as if transferred from an institution so accredited. Acceptance of credits on transfer includes, in addition to acceptance of laterally transferred credits between similar institutions, acceptance of credits completed in an institution at a lower grade level for entrance into an institution at a higher grade level. B. "Eligible surviving child" means a surviving child as defined in subsection E of this section, who meets and satisfies all of the following conditions: 1. Such surviving child must have attained the age of eighteen years; and 2. Such surviving child must not have attained the age of twenty-two years; and 3. Such surviving child must be neither married nor a member of a registered domestic partnership; and 4. Such surviving child must be a "full-time student" as such term is defined in subsection D of this section. C. "Full-Time Attendance" Defined. Ordinarily, a student is in "full-time attendance" at an educational institution if he or she is enrolled in a noncorrespondence course and is carrying a subject load which is considered full-time for day students under the institution's standards and practices. However, a student will not be considered in "full-time attendance": 1. If he or she is enrolled in a junior college, college or university in a course of study of less than thirteen school weeks' duration; or 2. If he or she is enrolled in any other educational institution and either the course of study is less than thirteen school weeks' duration or his or her scheduled attendance is at the rate of less than twenty hours a week. A student whose full-time attendance begins or ends in a month is in full-time attendance for that month. D. "Full-time student" means a student who is in "full-time attendance," as such term is defined in subsection C of this section, as a student at an "educational institution," as such term is defined in subsection A of this section, except that no student shall be deemed to be a full-time student if he or she is paid by his or her employer for attending an educational institution at the employer's request or pursuant to a requirement of the employer. E. "Surviving child" means a child who, if he or she were under the age of eighteen years, would be deemed to be a "surviving child" as such term is defined in Parts 11 and 12 of this chapter, and as such would be entitled, if he or she were under eighteen years of age, to a surviving child's allowance under and pursuant to the provisions of Parts 11 or 12 of this chapter. "Surviving child" does not include any child who, even if he or she were under eighteen years of age, would not be entitled to a surviving child's allowance under Parts 11 or 12 because of the existence of a "surviving spouse" or "surviving domestic partner" entitled to an allowance under Parts 11 or 12 or for any other reason, although such child might subsequently become a "surviving child," as defined in this section, if and when the surviving spouse or the surviving domestic partner no longer is entitled to an allowance under Parts 11 or 12 of this chapter. (Prior code §§ 2904.1650 - 2904.1654, 2904.1657; Ords. 23806, 27521.)

San José Municipal Code § 3.28.1760 Rules and regulations - Administrative determinations.

3.28.1760 - Rules and regulations - Administrative determinations. The retirement board is hereby authorized and empowered to adopt, administer and enforce all such rules and regulations, not inconsistent with the provisions of this part, as it may deem reasonably necessary for the proper administration, management, implementation, carrying out, enforcement or control of the provisions of this part or of the program provided for by the provisions of this part. In addition, retirement board is hereby authorized and empowered to make inquiries and investigations, hold hearings, and make administrative or factual findings and determinations where it finds such to be reasonably necessary for the proper administration, management, implementation, carrying out, enforcement or control of the provisions of this part or of the program provided for by the provisions of this part. Any and all such findings and determinations of said retirement board shall be deemed final and conclusive. (Prior code § 2904.1660.)

San José Municipal Code § 3.28.1770 When deemed full-time student during period of nonattendance.

3.28.1770 - When deemed full-time student during period of nonattendance. A. An individual will be deemed a full-time student during any period of nonattendance (including part-time attendance) at an educational institution if the period is four consecutive calendar months or less, and the individual: 1. Establishes that he or she intends to be in full-time attendance at an educational institution in the month immediately following such period; or 2. Is in full-time attendance at an educational institution in the month immediately following such period. B. However, an individual will not be deemed a full-time student during any period of nonattendance if the nonattendance is due to expulsion or suspension notwithstanding such individual intends to, or does in fact, resume full-time attendance within four calendar months after the beginning of such period of nonattendance. (Prior code § 2904.1655.)

San José Municipal Code § 3.28.1790 Duration of entitlement.

3.28.1790 - Duration of entitlement. An eligible surviving child is entitled to a surviving child's school allowance under the provisions of this part for each calendar month, after July 1, 1975, in which all the conditions of entitlement described in the preceding provisions of this part are met. The last month for which such child is entitled to a surviving child's school allowance under the provisions of this part is the month before the month in which any of the following events first occurs: A. The child dies; or B. The child marries; or C. The child becomes a member of a registered domestic partnership; or D. The child attains the age of twenty-two years; or E. The first month during no part of which the child is a full-time student. (Prior code § 2904.1658; Ord. 27521.)

San José Municipal Code § 3.28.1800 Child's school allowance - Amount and conditions.

3.28.1800 - Child's school allowance - Amount and conditions. An eligible surviving child shall be entitled to receive, for each calendar month (or for each two-week period, if the city elects to pay allowances biweekly) after July 1, 1975, in which all of the conditions of entitlement described in the provisions of this Part 14 are met by him or her, and in no event for any period longer than the duration of his or her entitlement, a child's school allowance. The amount of such allowance for each calendar month (or two-week period, if allowances are paid biweekly) for which said child is eligible for the same shall be the same as the amount, if any, which would be payable to him or her for each such month (or two-week period, if allowances are paid biweekly) as a surviving child's allowance under and by virtue of the provisions of Parts 11 or 12 and other relevant provisions of this Chapter 3.28 if he or she were under the age of eighteen years. Anything in said Parts 11 or 12 or elsewhere in this chapter to the contrary notwithstanding, for the purpose of determining and computing the amount of the child's allowance which would be payable to such child under the provisions of Parts 11 or 12 if he or she were under the age of eighteen years, and also for the purpose of determining and computing the amount of the child's allowance payable under the provisions of Parts 11 or 12 to other surviving children of the parent because of whose death said child is entitled to a school allowance, the eligible surviving child claiming the school allowance shall be deemed and considered to be one of the surviving children entitled to a child's allowance under the provisions of Parts 11 or 12. Notwithstanding any other provision of this Part 14, no benefits under Part 14 are available to tier 2 members. (Prior code § 2904.1659; Ord. 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_PT14SUCHSCALFetched: 11/1/2026