Date of payment of benefits.
San José Municipal Code § 3.49.133
in effect3.49.133 - Date of payment of benefits.
A. A participant's account balances may continue to be invested until withdrawn for the payment of benefits.
B. Payment of benefits under Section 3.49.131 may commence thirty-one days following the occurrence of a severance event, but in no event shall commence later than the required beginning date under Code Section 401(a)(9), as specified in the plan.
C. Payment of benefits in the event of the death of the participant prior to commencement of benefits may commence sixty days after satisfactory proof of death, and shall commence no later than sixty days after the close of the plan year in which death occurred, subject to satisfactory proof of the death of the participant. However, if the beneficiary is the spouse of the participant, then the spouse may elect, within sixty days of the participant's death, to defer distribution to a date not later than the participant's required beginning date. In the event of the participant's death after commencement of benefits, benefits shall be paid as provided by Internal Revenue Code Section 401(a)(9), as specified in the plan.
(Ord. 29184.)
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_CH3.49UNMADECO401PL_3.49.133DAPABEFetched: 11/1/2026