Election to allow accumulated contributions to remain in fund.
San José Municipal Code § 3.28.1449.6
in effect3.28.1449.6 - Election to allow accumulated contributions to remain in fund.
A. The provisions of Section 3.28.580 under which an election is an election granted to the persons specified therein to allow accumulated contributions to remain on deposit with the fund shall be deemed to grant a similar election to a Part 1, Chapter 3.24 disability retiree upon and after his reemployment by the city under this Part 10A. For the purpose of this Part 10A a former member of the Part 1, Chapter 3.24 retirement system reemployed hereunder while on disability retirement but receiving a disability retirement allowance shall be deemed a person reinstated from Part 1, Chapter 3.24 disability retirement within the meaning of Sections 3.28.420, 3.28.480.C. and 3.28.480.F. notwithstanding that the disability retirement and disability retirement allowance continue and neither cease nor are canceled, and there is no reinstatement from disability under Section 3.24.1290 or 3.24.1300.
B. Retirees reemployed under this Part 10A, other than those whose membership entitles them to the election mentioned in subsection A. of this section, shall upon and after such reemployment have such election to allow accumulated contributions to remain in the fund as is provided in Section 3.28.590.
(Ord. 19839.)
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_3.28.1449.6ELALACCOREFUFetched: 11/1/2026