Allowance to surviving child or children, if eligible under Section 3.28.1570, where there is no surviving spouse or surviving domestic partner.
San José Municipal Code § 3.28.1590
in effect3.28.1590 - Allowance to surviving child or children, if eligible under Section 3.28.1570, where there is no surviving spouse or surviving domestic partner.
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 no surviving spouse and no surviving domestic partner, but there is or are a surviving child or surviving children, the following allowances shall be paid to such surviving child or children:
A. If there is only one (1) eligible surviving child, 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 allowance to which a surviving spouse or surviving domestic partner would have been entitled under the provisions of Section 3.28.1570 if there had been a surviving spouse or surviving domestic partner.
B. If there are two (2) or more surviving children, each eligible 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 allowance which would have been payable to a surviving spouse or surviving domestic partner under Section 3.28.1580 if there had been a surviving spouse or surviving domestic partner 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 under this subsection B. shall never exceed twenty-five percent (25%) of the annual allowance which would have been payable to a surviving spouse or surviving domestic partner under Section 3.28.1580 if there had been a surviving spouse or surviving domestic partner; and
2. The total allowances payable to all surviving children under this subsection B. shall never exceed seventy-five percent (75%) of the annual allowance which would have been payable to a surviving spouse or surviving domestic partner under Section 3.28.1580 if there had been a surviving spouse or surviving domestic partner.
C. This Section 3.28.1590 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 § 2904.1556; 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_3.28.1590ALSUCHCHIFELUNSE3.28.1570WHTHISNOSUSPSUDOPAFetched: 11/1/2026