Allowance to surviving child or children, if eligible under Section 3.28.1570, where surviving spouse or surviving domestic partner dies after receiving an allowance.
San José Municipal Code § 3.28.1600
in effect3.28.1600 - Allowance to surviving child or children, if eligible under Section 3.28.1570, where surviving spouse or surviving domestic partner dies after receiving an allowance.
Subject to other provisions of this Chapter 3.28, in any of the situations specified in Section 3.28.1570, if at the time of such former member's death after retirement there is a surviving spouse or surviving domestic partner but he or she subsequently dies, any eligible surviving child or children existing at the time of the surviving spouse's or surviving domestic partner's death and surviving thereafter shall be entitled, upon cessation of the surviving spouse's or surviving domestic partner's allowance, to receive the following:
A. If only one (1) eligible surviving child exists after the death of the surviving spouse or surviving domestic partner and cessation of his or her allowance, such child shall be entitled to receive and shall be paid from the retirement fund, until he or she attains the age of eighteen (18) years, marries, establishes a registered domestic partnership, or dies, whichever is earlier, an annual allowance equal to twenty-five percent (25%) of the annual allowance to which the surviving spouse or surviving domestic partner was theretofore entitled under Section 3.28.1580.
B. If two (2) or more eligible surviving children exist after the death of the surviving spouse or surviving domestic partner and cessation of his or her allowance, each surviving child thereafter in existence shall be entitled to receive and shall be paid from the retirement fund, until he or she attains the age of eighteen (18) years, marries, establishes a registered domestic partnership, or dies, whichever is earlier, an annual allowance equal to that proportion of the annual allowance which the surviving spouse or surviving domestic partner theretofore was entitled to receive under Section 3.28.1570, which one bears to the total number of eligible surviving children in existence at the time any such allowance becomes payable, subject to the following limitations:
1. The annual allowance payable to any surviving child shall never exceed twenty-five percent (25%) of the annual allowance theretofore paid to the surviving spouse or surviving domestic partner under Section 3.28.1580, and;
2. The total annual allowance paid to all surviving children shall never exceed seventy-five percent (75%) of the annual allowance theretofore paid to the surviving spouse or surviving domestic partner under Section 3.28.1570.
C. This Section 3.28.1600 shall apply to Tier 2 members provided, however, such amount shall not exceed seventy percent (70%) of the Tier 2 member's final compensation.
(Prior code § 2904.1557; Ords. 27521, 29120, 29904.)
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_PT12DEAFRE_3.28.1600ALSUCHCHIFELUNSE3.28.1570WHSUSPSUDOPADIAFREALFetched: 11/1/2026