Release or relinquishment of rights and benefits - Assignments to city.
San José Municipal Code § 3.28.1050
in effect3.28.1050 - Release or relinquishment of rights and benefits - Assignments to city.
A. Anything elsewhere in this Chapter 3.28 or in any other part of the San José Municipal Code to the contrary notwithstanding, any right, title or interest which any member of this retirement system, or any other person or persons, may have or may claim to have in or to any retirement or other allowance or in or to any benefit or benefits whatsoever, or in or to any moneys whatsoever, or any other right, title or interest which any person or persons may have or claim to have, under or by virtue of the provisions of this retirement system, whether such right, title or interest is vested, contingent or otherwise, may be released, relinquished and given up by such member or by such other person or persons, or may be assigned to the City of San José or to the retirement system or retirement board by such member or other person or persons; and upon such being done, the right, title or interest which is so released, relinquished, given up or assigned is and shall be deemed extinguished, the same as if such right, title or interest had never existed, and neither the city nor this retirement system or retirement board shall thereafter have any liability whatsoever with respect to the right, title or interest so released, extinguished or given up or assigned.
B. However, if and to the extent that the city pays or gives any consideration, other than funds of this retirement system, for any abovementioned release, relinquishment, giving up or assignment, the amount or value of the consideration paid or given by the city for said release, relinquishment, giving up or assignment, or the actuarial value of the right, title or interest which is so released, relinquished, given up or assigned as of the date of such release, relinquishment, giving up or assignment, whichever is the lesser amount, shall be credited against and deducted from the amount of current service contributions which the city is required to pay into the retirement fund during the following calendar months until full credit therefor is thus received by the city.
(Prior code § 2904.1355.)
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_PT8BEGE_3.28.1050RERERIBESSCIFetched: 11/1/2026