Benefits.
San José Municipal Code § 3.28.2420
in effect3.28.2420 - Benefits.
The following provisions shall apply to a member who meets the requirements of Section 3.28.2410:
A. The member shall have the right to elect to leave his or her accumulated contributions on deposit in the Federated City Employees Retirement Fund irrespective of the amount of such contributions or the length of service credited to the member under this Retirement System. Such election shall be irrevocable while membership in the reciprocal system continues.
B. For the purpose of the calculation of contribution rates of the City and the members, the age of entry for a person entering this Retirement System from a reciprocal system shall be such person's age at entry into the reciprocal system.
C. The average monthly salary during any period of service as a member of a reciprocal system shall be considered compensation to a member of this Retirement System for the purpose of computing final compensation for such member if all of the following conditions are satisfied:
1. The member has attained the age of fifty (50) years (sixty-two (62) years for full benefit and fifty-five (55) years for a reduced benefit to a Tier 2 member); and
2. The member retires concurrently under both this Retirement System and the reciprocal system; and
3. At the time of retirement, the member is credited with such period of service under the reciprocal system.
D. Solely for the purpose of meeting the minimum service requirements for qualification for benefits and retirement allowances under this Retirement System, service shall also include service as an officer or employee of a reciprocal system, if all of the following conditions are satisfied:
1. The member has attained the age of fifty (50) years (sixty-two (62) years for full benefit and fifty-five (55) years for reduced benefit to a Tier 2 member); and
2. The member retires concurrently under both this Retirement System and the reciprocal system; and
3. The salary for service in the reciprocal system constitutes compensation of a member of this Retirement System for purposes of calculating final compensation.
However, under no circumstances shall such service in a reciprocal system be included in the determination of service credit for qualification for medical benefits provided under Part 16 of this Chapter or for qualification for dental benefits provided under Part 17 of this Chapter.
E. A member shall be retired for disability and receive a retirement allowance based on the service credited to the member at the time of retirement during any period in which the member receives a disability retirement allowance under a reciprocal system, subject to the following limitations:
1. Such allowance shall not exceed an amount which when added to the allowance paid under the reciprocal system equals the allowance which would be paid for a nonservice-connected (nonindustrial) disability if all the member's service had been credited under the reciprocal system; and
2. Such allowance shall in no event be less than an annuity which is the actuarial equivalent of the member's contributions plus interest accumulated thereon calculated as of the retirement date, whether or not the disability is for service-connected (industrial) reasons.
F. The survivorship benefits or death benefits for a member who dies from nonservice-connected (nonindustrial) causes as a member of a reciprocal system shall not exceed an amount which when added to the survivorship and death benefits paid for such member under the reciprocal system equals the maximum death benefit payable under that system, subject to the following limitations:
1. Such survivorship and death benefits shall be at least the amount of the member's accumulated contributions plus the interest accrued thereon calculated as of the date of death; and
2. If death is caused by service-connected (industrial) injury or disease in the reciprocal system, the survivorship and death benefits shall be the amount of the member's accumulated contributions plus interest accrued thereon calculated as of the date of death.
G. Notwithstanding the rest of this Section 3.28.2420, employees hired or rehired on or after September 30, 2012, shall be eligible for the benefits under the reciprocal agreement with CalPERS that are in effect at the time of the employee's retirement.
(Ords. 24682, 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_PT21RE_3.28.2420BEFetched: 11/1/2026