Exclusions from membership - Generally.
San José Municipal Code § 3.24.470
in effect3.24.470 - Exclusions from membership - Generally.
A. The following persons are hereby excluded from membership in this system:
1. The mayor and each member of the city council;
2. Each member of a city board or commission who holds no other city office or position of employment which qualifies him for membership in this system;
3. Persons temporarily employed pursuant to the provisions of subparagraph (4) of subsection (a) of Section 1101 of the Charter of the city to make or conduct a special inquiry, investigation, examination or installation, or to render professional, scientific or technical services of an occasional or exceptional character;
4. Persons employed pursuant to the provisions of subparagraph (5) of subsection (a) of Section 1101 of the Charter of the city in the event of an emergency to perform services required because of and during such emergency;
5. Each volunteer member of any police, fire or civil defense force or organization who holds no other city office or position of employment which qualifies him for membership in this system;
6. Persons employed or whose services are contracted for pursuant to any transfer, consolidation or contract mentioned or referred to in Section 1109 of the Charter of the city;
7. Persons employed pursuant to Section 1110 of the Charter of the city;
8. Each person employed or paid on a part-time, per diem, per hour or any basis other than a monthly basis, unless he is a member by virtue of the provisions of Section 3.24.480;
9. Persons employed pursuant to any relief or anti-poverty program primarily for the purpose of giving relief or aid to such persons;
10. Persons who are members of any police, fire or other retirement or pension system, other than this system or the Federal Social Security System or any other federal retirement system supported in whole or in part by funds of the United States, any state government or political subdivision thereof, the city or any other municipal corporation, who are receiving or are entitled to credit in such other system for service rendered to the city; provided, however, that nothing contained in this subdivision 10 shall be deemed to prohibit any such person from becoming a member of this retirement system after he has ceased being a member of the abovementioned police, fire or other retirement or pension system if he should thereafter otherwise qualify for membership.
B. For purposes of this section, persons who merely are receiving pensions or retirement allowances or other payments, from any source whatever, on account of service rendered to an employer other than the city while they were not in the service of the city are not, because of such receipt, members of any other retirement or pension system.
(Prior code § 2904.66.)
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_PT6ME_3.24.470EXMEENFetched: 11/1/2026