Exclusions and exceptions from federated city service.
San José Municipal Code § 3.28.620
in effect3.28.620 - Exclusions and exceptions from federated city service.
As used in this retirement system, the term "federated city service" shall not be deemed to mean or include any of the following service, the latter being hereby excluded and excepted from the definition of "federated city service":
A. Service rendered as mayor or as a member of the city council;
B. Service rendered as a member of any city board or commission unless the person rendering such service is otherwise employed by the city in an office or position which qualified him for membership in this system, and he is required by virtue of his said office or position to render such service as a member of a city board or commission;
C. Except as permitted by Part 22, service rendered while temporarily employed pursuant to the provisions of subparagraph (4) of subsection (a) of Section 1101 of the Charter of the city to make or conduct a special inquiry, investigation, examination or other installation, or to render professional, scientific or technical services of an occasional or exceptional character;
D. Service rendered while employed pursuant to the provisions of subparagraph (5) of subsection (a) of Section 1101 of the Charter of the city, in the event of an emergency, to perform services required because of and during such emergency;
E. Service rendered as a volunteer member of any police, fire or civil defense department, or of any police, fire or civil defense force organization;
F. Service rendered while employed, and service contracted for, pursuant to any transfer, consolidation or contract mentioned or referred to in Section 1109 of the Charter of the city;
G. Service rendered while employed pursuant to Section 1110 of the Charter of the city;
H. Except as permitted by Part 22, service rendered while employed pursuant to any relief or antipoverty program where such employment is primarily for the purpose of giving relief or aid to such employees;
I. Except as otherwise provided by Section 3.28.670, part-time service rendered by a member prior to July 1, 1975, for which he was not entitled to any credit under the Chapter 3.24 retirement system;
J. Part-time service rendered on or after July 1, 1975, other than:
1. Part-time service rendered on or after said date by a part-time employee who becomes a member pursuant to Section 3.28.400 or Section 3.28.440; and
2. Part-time service rendered on or after said date by any other member if such part-time service follows, without a break in service, the rendition of full-time service by said member; and
3. Eligible prior service purchased by a member in accordance with Part 22.
K. Except as may be otherwise provided in Sections 3.28.650 and 3.28.660 of this part or in Part 21, service rendered by a person while he is a member of the police and fire department retirement plan established by the provisions of Chapter 3.32 of the San José municipal code, or the police and fire department retirement plan established by the provisions of Chapter 3.36 of the San José municipal code, or any other retirement or pension plan or system (other than this system, the Chapter 3.24 retirement system, the system established by the provisions of Chapter 3.20 of this Code, the system established by the provisions of Chapter 3.16 of this Code, the federal social security system, or any other federal retirement system) supported in whole or in part by funds of the United States, of any state government, or the city or any other city or municipal government or corporation, or of any political subdivision, department, district, authority or agency of any of said governments, if, while a member thereof the person received or was entitled to credit for such service in such system.
L. Except as provided in Part 22, service performed while a member of the eligible deferred compensation plan established by Chapter 3.50 of this Code.
(Prior code § 2904.1202; Ords. 24682, 25732.)
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_PT5FESE_3.28.620EXEXFESEFetched: 11/1/2026