Definitions.
San José Municipal Code § 3.44.010
in effect3.44.010 - Definitions.
As used in and for purposes of this Chapter 3.44:
A. "Index-year" means each calendar year, respectively, next preceding each "subject year."
B. Subject to the exceptions hereinafter specified in this Chapter 3.44, the term "retirement allowance" means and includes any of the biweekly or monthly service-retirement or disability-retirement allowances, or any of the biweekly or monthly installments of any monthly or annual service-retirement or disability-retirement allowances, specified in the following subdivisions:
1. Those specified in Chapter 3.16, Chapter 3.20, Chapter 3.32, Parts 6 and 7 and Sections 3.36.1630 and 3.36.1790 of Chapter 3.36 of the San José Municipal Code, to any of the following persons:
2. Those specified in Section 3.24.510, Part 15 or 16 and Part 17 or 18 of Chapter 3.24 of the San José Municipal Code; and
3. Those specified in Parts 9, 10 and 13 of Chapter 3.28 of the San José Municipal Code; which are or may become payable on or after April 1, 1970, under and pursuant to any of the provisions of Chapters 3.16, 3.20, 3.24, 3.28, 3.32 or 3.36 of the San José Municipal Code, to any member or former member of any of the city retirement plans established by said Chapters 3.16, 3.20, 3.24, 3.28, 3.32 or 3.36, including any increases therein, if any, authorized by the provisions of Chapter 3.40 of this code.
C. "Subject year" means each consecutive twelve- month period, from April 1st of one calendar year to March 31st of the following calendar year, respectively, commencing with the twelve- month period from April 1, 1970, to March 31, 1971, for which retirement allowances and survivorship allowances are to be increased or decreased as hereinafter provided in this Chapter 3.44.
D. Subject to the exceptions hereinafter specified in this Chapter 3.44, the term "survivorship allowance" means and includes any of the biweekly or monthly allowances, and any of the biweekly or monthly installments of any monthly or annual allowance, which are or may become payable on or after April 1, 1970, under and pursuant to the provisions of Section 3.24.2040 and Part 19 of Chapter 3.24; Sections 3.28.1480 and 3.28.1490 of Part 11 and Sections 3.28.1500, 3.28.1590, 3.28.1600 of Part 12, or Parts 13 or 14 of Chapter 3.28; and Sections 3.36.1630, 3.36.1790 and Parts 8, 9 and 9.5 of Chapter 3.36 of the San José Municipal Code, to any of the following persons:
1. To any "surviving spouse," "surviving domestic partner" or "surviving child" as such terms are defined in Part 8 of Chapter 3.36; or
2. To any "eligible surviving child" as such term is defined in Part 9 of Chapter 3.36; or
3. To any beneficiary under Part 19 of Chapter 3.24; or
4. To a "surviving wife," "surviving husband" or "surviving child" under Section 3.24.2040 of Chapter 3.24; or
5. To any "surviving spouse," "surviving child" or "surviving children" as such are defined in Part 11 of Chapter 3.28; or
6. To any "surviving spouse," "surviving child" or "surviving children" as defined in Part 12 of Chapter 3.28; or
7. To any "beneficiary" under Part 13 of Chapter 3.28; or
8. To any "eligible surviving child" as defined in Part 14 of Chapter 3.28; including any increases, if any, authorized by the provisions of Chapter 3.40 of the San José Municipal Code.
9. To any "spouse" or "domestic partner" receiving benefits pursuant to an election made under Part 9.5 of Chapter 3.36.
E. "Tier 2 member" means any person who is hired, rehired, or reinstated by the city on or after September 30, 2012, under the terms of the federated city employees' retirement system, established by Chapters 3.24 and 3.28 of the San José Municipal Code. Effective on or after August 4, 2013, "tier 2 member" also means a person who meets the requirements of Section 3.36.020.15 under the police and fire retirement plan. Any amendments to the definition of "tier 2 member" in Section 3.28.030.28 and Section 3.36.020.15 also apply for purposes of this Section and Chapter 3.44.
(Prior code §§ 2904.500 - 2904.503; Ords. 26417, 26902, 27521, 27712, 29120, 29266.)
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_CH3.44CO-LAD_3.44.010DEFetched: 11/1/2026