Election by former member of Chapter 3.24 system to receive disability retirement allowance provided by Chapter 3.24 system in lieu of certain Chapter 3.28 benefits.
San José Municipal Code § 3.28.1320
in effect3.28.1320 - Election by former member of Chapter 3.24 system to receive disability retirement allowance provided by Chapter 3.24 system in lieu of certain Chapter 3.28 benefits.
A. A member of this System who is eligible to retire for disability under the preceding sections of this Part 10 may elect, if he or she was a former member of the Chapter 3.24 Retirement System and became a member of this System pursuant to the provisions of Sections 3.28.400, 3.28.410, 3.28.420 or 3.28.430 of this Chapter to receive, while he or she is disabled and incapacitated for the performance of duty as a result of such disability, in lieu of any and all benefits to which he or she or his or her survivors or estate might otherwise be or become entitled to because of his or her retirement for disability or because of his or her death after retirement while on such disability retirement, such disability retirement allowance as he or she would be entitled to if he or she were still a member of the Chapter 3.24 System, as it existed on June 30, 1975, and retired thereunder for disability at the same age as that at which he or she is retiring pursuant to the provisions of this Part 10, with credit for the number of years of Federated City Service for which he or she is entitled to credit under this System and with accumulated contributions equal to those credited to him or her in this System. A person making such election shall also be entitled to any right which he or she would have had, if he or she had retired under the Chapter 3.24 System, under the optional settlements provisions of the Chapter 3.24 System; and, if he or she exercises any rights under such optional settlements provisions, his or her named beneficiary shall receive, on his or her death while on such retirement, such benefits, if any, as such beneficiary should become entitled to under such optional settlements provisions because of his or her exercise of such rights.
B. Upon exercising such election, said person loses all right to any and all other benefits which he or she might have or be or become entitled to under other sections of this Chapter 3.28 because of his or her retirement, and none of his or her survivors nor his or her estate shall have any right to any benefits under other sections of this Chapter 3.28 because of his or her death occurring while on such retirement; provided and excepting, however, that the special death benefit provided by Section 3.28.1620 shall still be payable, on his or her death while on retirement, to his or her estate or named beneficiary.
(Prior code § 2904.1464; Ords. 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_PT10REDI_3.28.1320ELFOMECH3.24SYREDIREALPRCH3.24SYLICECH3.28BEFetched: 11/1/2026