Reemployment conditions upon cessation of disability.
San José Municipal Code § 3.28.1449.5
in effect3.28.1449.5 - Reemployment conditions upon cessation of disability.
Notwithstanding anything to the contrary in Chapter 3.20 through Chapter 3.28 of this Code, upon written election by the City and a disability retiree reemployed under this Part 10A, such retiree may at any time prior to six (6) months before age seventy (70) and notwithstanding the limitations in Section 3.28.1448 be reinstated from disability retirement and the disability retirement allowance may be terminated in accordance with procedures and on the grounds set forth in Sections 3.28.1446 and 3.28.1449.2, notwithstanding that City does not offer the person the same position or office from which he or she was retired, or a position or office in the same classification of offices or positions which included him or her at such time provided that City offers and the person accepts the latest position or office of reemployment in which the person is employed; thereafter, for the purposes of this Part 10A and Section 3.28.030.06, compensation earnable for such position or office shall be the regular compensation therefor undiminished by such amounts as would otherwise have been paid as a disability retirement allowance to such person; provided, however, that if such person is reinstated to a position and meets the definition of Tier 2 member under Section 3.28.030.28, such person shall become a Tier 2 member and any subsequent retirement allowance payable on or after September 30, 2012 shall be computed under the provisions applicable to Tier 2 members.
(Ords. 19839, 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_PT10AREDIRE_3.28.1449.5RECOUPCEDIFetched: 11/1/2026