Participation in the plan.
San José Municipal Code § 3.49.050
in effect3.49.050 - Participation in the plan.
A. Each employee hired on or after January 20, 2013, has a one-time irrevocable election to either: (1) become a participant in this plan and make mandatory employee contributions to this plan, or (2) become a participant as a Tier 2 member in the Federated Employees Retirement Plan under Chapter 3.28, by executing a written election form on or before his or her first day of employment with the City. If the employee fails to timely file a written election form with the City on or before that date, the employee will be deemed to have elected to participate as a Tier 2 member in the Federated Employees' Retirement Plan under Chapter 3.28.
B. Each employee shall have only one election (including a default election) to participate in the plan, and that election cannot be changed for any reason. If an employee who has made an election (including a default election) under this Section leaves employment with the City and later returns to City employment in a capacity/position that would be covered by the plan, the employee's prior election will determine whether or not the employee participates in this plan.
C. An employee or elected official who becomes a participant in this plan (and any survivors of such a participant) shall not eligible for retiree medical, dental, or other health and welfare benefits under Part 16 and Part 17 of Chapter 3.28.
D. Effective October 3, 2021, elected officials who are not members of the California Public Employees Retirement System shall become members of this plan. Subsections (A) and (B) of this Section 3.49.050 shall not apply to elected officials.
(Ords. 29184, 30625.)
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_CH3.49UNMADECO401PL_3.49.050PAPLFetched: 11/1/2026