Automatic revocation of election of optional settlement.
San José Municipal Code § 3.36.1464
in effect3.36.1464 - Automatic revocation of election of optional settlement.
A. In the event a member elects an optional settlement and the member's spouse or domestic partner predeceases the member prior to the effective date of the member's retirement, the election shall be automatically revoked, and benefits shall be paid to the member as though no optional settlement had been elected.
B. In the event a member elects an optional settlement and the member dies leaving an eligible surviving spouse who is not the person named in the election or leaving an eligible surviving domestic partner who is not the person named in the election, the election shall be automatically revoked, and no benefits shall be paid pursuant to the election.
C. In the event the application for retirement is withdrawn before being acted upon by the board, the election shall be automatically revoked, and no benefits shall be paid pursuant to the election.
D. In the event the application for retirement is denied by the board, the election shall be automatically revoked, and no benefits shall be paid pursuant to the election in any case where:
1. No timely appeal of the board's decision is filed; or
2. The board's decision is upheld by a final decision of a court of competent jurisdiction.
(Ords. 24170, 27712, 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_CH3.361961POFIDEREPL_PT9.5OPSE_3.36.1464AUREELOPSEFetched: 11/1/2026