Reinstatement from retirement.
San José Municipal Code § 3.28.1449.10
in effect3.28.1449.10 - Reinstatement from retirement.
A person who has been retired for service pursuant to the provisions of this Part may apply to the Retirement Board, in writing, for reinstatement from such retirement for the purpose of reentering City service. The Board may reinstate him or her from retirement if it finds: (a) that his or her age at the date of his or her application is at least six (6) months less than seventy (70) years of age; (b) that, based on medical and physical examination, he or she is not incapacitated to perform the duties of the office or position in the City service to which it is proposed he or she be appointed. Upon such reinstatement, said person may be reemployed by the City, in the same manner as it employs persons who have not been retired hereunder, to render City service and if such reemployment occurs on or after September 30, 2012 and the person meets the definition of Tier 2 member under Section 3.28.030.28, the person shall become a Tier 2 member.
Upon reinstatement from service retirement as aforesaid, the service retirement allowance of the reinstated person shall be canceled forthwith, and he or she shall again become a member of this System as of the date of his or her reinstatement. Upon reinstatement he or she shall regain credit for those years of service to which he or she was entitled to credit as of the time he or she retired for service.
(Ords. 19839, 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_3.28.1449.10REREFetched: 11/1/2026