Service for which member was formerly entitled to credit under police and fire department retirement plan in Chapters 3.32 or 3.36.
San José Municipal Code § 3.24.1080
in effect3.24.1080 - Service for which member was formerly entitled to credit under police and fire department retirement plan in Chapters 3.32 or 3.36.
Subject to the following conditions, restrictions, limitations and other provisions, a member of this system who, immediately prior to becoming a member of this system, was a member of the police and fire department retirement plan established or administered by or pursuant to Chapters 3.32 or 3.36 of this Code shall be entitled to credit under this system for service, if any, for which he was entitled to credit under said police and fire department retirement plan at the time his membership therein was last terminated, if all of the following conditions exist and are satisfied:
A. Such person must have been, immediately prior to becoming a member of this system, a member of the police and fire department plan established or administered by or pursuant to Chapters 3.32 or 3.36 of this Code; and
B. Such person must have held, immediately prior to becoming a member of this system, a city office or position in the police or fire department of the city which qualified him for membership in, and because of which he was a member of the above-mentioned police and fire department retirement plan; and
C. The office or position held by such person in the police or fire department of the city immediately prior to his becoming a member of this system must have been abolished or discontinued, and the functions and duties thereof, or substantially the same functions and duties, transferred to a city department or departments other than the police or fire departments; and
D. Such person must have been transferred, at the time his office or position in the police or fire department was abolished or discontinued, to a new office or position in a city department other than the police or fire department, to perform substantially the same functions and duties as he performed in his former office or position; and
E. Such persons abovementioned transfer must have taken place without any break in service rendered by such person, and without such person being required by the civil service regulations to take or pass any civil service examination for the office or position to which he was transferred; and
F. Such person's membership in the above-mentioned police and fire department retirement plan must have ceased and terminated as of the time of or immediately prior to his said transfer to an office or position entitling him to membership in this system; and
G. Such person must not have received or requested a return of any contributions paid or made by him to said police or fire department retirement plan, and must not have elected to continue making contributions to the police and fire department retirement plan pursuant to the provisions of Sections 3.32.010, 3.36.1620 or 3.36.1630; and
H. Such person must have filed with the retirement board, on or before and no later than the thirtieth day immediately following the date as of which his position in the police or fire department is abolished or discontinued and he is transferred to an office or position entitling him to membership in this system, a written statement, in duplicate, duly signed by him, wherein he elects to receive credit under this system for service for which he was entitled to credit under said police and fire department plan at the time his membership therein was last terminated, and wherein he consents to and authorizes the transfer and payment into the retirement fund established by this Chapter 3.24 from the retirement fund established under the police and fire department retirement plan of all moneys contributed by him to the police and fire department retirement fund, together with interest thereon; and
I. A copy of the statement specified in the immediately preceding H. shall have been transmitted by the retirement board to the board which is charged with the duty of administering the abovementioned police and fire department retirement plan of which said person was formerly a member; and there shall have been transferred to the retirement fund established under this chapter, from the retirement fund established under the last mentioned police and fire department fund, all moneys contributed by said person to the abovementioned police and fire department retirement plan, together with interest thereon, moneys being so transferred being thereafter deemed to be normal contributions, or prior contributions where applicable, of said person to this retirement system for the service credited to him under this system.
(Prior code § 2904.92b.)
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_CH3.24RESYSUJU11951_PT11SE_3.24.1080SEWHMEWAFOENCRUNPOFIDEREPLCH3.323.36Fetched: 11/1/2026