Special provisions.
San José Municipal Code § 3.36.1465
in effect3.36.1465 - Special provisions.
A. Notwithstanding the time limitations for filing an election set forth in Section 3.36.1461.B., a person who was employed in city service and was a member of this plan on June 1, 1991, may file a written election for an optional settlement on or before January 31, 1993, and such election shall be deemed filed in accordance with Section 3.36.1461.B. for the purposes of this part.
B. Notwithstanding the other provisions of this part, the surviving spouse or surviving domestic partner of a deceased member may elect an optional settlement and receive benefits as though the optional settlement had been elected by the deceased member in accordance with this part if all of the following conditions are satisfied:
1. On or after June 1, 1991, the deceased member either:
a. Retired pursuant to the provisions of this chapter; or
b. Began receiving an allowance pursuant to Section 3.36.1640; and
2. The deceased member died prior to February 1, 1993, without having made an election for an optional settlement; and
3. The surviving spouse or surviving domestic partner files a written election for the optional settlement on or before January 31, 1993.
C. For the purposes of this part, "retirement allowance" includes:
1. The retirement allowance that would have been paid to a member who retired but died before receipt of retirement pay.
2. The monthly allowance paid to a former member of this plan pursuant to Section 3.36.1640.
D. For the purposes of this part, "member" includes a person who has elected to allow accumulated contributions to remain in the retirement fund pursuant to Section 3.36.1640. With respect to such person, "effective date of retirement" means the date such person begins receiving payments pursuant to Section 3.36.1640.
(Ords. 24170, 27712, 27768.)
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_3.36.1465SPPRFetched: 11/1/2026