Reinstatement to duty.
San José Municipal Code § 3.28.1446
in effect3.28.1446 - Reinstatement to duty.
If, on the motion of the Board or application of a disability retiree, the independent medical panel determines that the recipient of a disability allowance granted pursuant to the provisions of this Part is no longer incapacitated for performance of duty, and if as of the date of such determination such person is not eligible for a service retirement, such person shall, subject to the civil service provisions of the City, and subject to the provisions of this Part, be reinstated in the position held by him or her at the time he or she retired for disability or in another position in the same classification of positions as the one held by him or her at the time he or she was retired with duties within his or her capacities; if such reinstatement occurs on or after September 30, 2012 and the person meets the definition of Tier 2 member under Section 3.28.030.28, the reinstated employee shall become a Tier 2 member.
No person shall be required to be reinstated to duty if he or she was eligible for a service retirement on the date that the Board made its determination that the person was no longer incapacitated for the performance of duty. Upon being reinstated to duty pursuant to the provisions of this Section, the person shall again become a member of this System by reason of such reinstatement and shall be entitled to credit for past service, the same as if he or she had never been retired for disability; provided, however, that if the reinstatement occurs on or after September 30, 2012 and the person meets the definition of Tier 2 member under Section 3.28.030.28, the reinstated member 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, 27838, 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_3.28.1446REDUFetched: 11/1/2026