Reemployment; disability allowance suspended; credit to city.
San José Municipal Code § 3.28.1443
in effect3.28.1443 - Reemployment; disability allowance suspended; credit to city.
A. Upon a person's reentry into City service pursuant to Section 3.28.1442, the disability allowance granted pursuant to Part 17 or Part 18 of Chapter 3.24 or Part 10 of Chapter 3.28 of this Code shall be suspended and the City shall compensate the person at the greater of:
1. The rate of compensation of the position in which the person is reemployed; or
2. The rate of compensation of the position from which the person retired at the time of such retirement.
B. In any case where the rate of compensation of the position from which the person retired exceeds the rate of compensation of the position in which the person is reemployed, the City shall receive a credit against City contributions otherwise due to the retirement fund. The credit shall be equivalent to that portion of the compensation paid to the person during the suspension of the person's disability retirement that exceeds the rate of compensation of the position in which the person is reemployed.
C. During the period the person's disability retirement is suspended and the person is reemployed, the person's "compensation earnable" shall be based upon the position of reemployment; provided, however, that if such person's reemployment occurs on or after September 30, 2012 and the person meets the definition of Tier 2 member under Section 3.28.030.28, then any benefits provided following reemployment shall be determined under the provisions applicable to Tier 2 members using the person's "compensation earnable" as defined for Tier 2 members in Section 3.28.030.06.
(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_3.28.1443REDIALSUCRCIFetched: 11/1/2026