Determination of percentage of increase or decrease in cost of living.

San José Municipal Code § 3.44.040

in effect

3.44.040 - Determination of percentage of increase or decrease in cost of living. Within the three calendar months immediately preceding the commencement of each subject year, respectively, beginning with the first three months of the calendar year 1970, the retirement board of each of the retirement plans or systems pursuant to which the retirement allowances and survivorship allowances specified in the preceding sections of this chapter are payable, shall determine the percentage of increase or decrease in the cost of living during the index-year next preceding the commencement of the immediately following subject year, over or below the cost of living in the calendar year immediately preceding such index-year. Such shall be done by reference to the most current consumer price index for all urban consumers (CPI-U), San José-San Francisco-Oakland metropolitan area, all items (1967 = 100), as published by the United States Department of Labor's bureau of labor statistics, showing the cost-of-living increase or decrease during the month of December of such index-year over or below the cost of living during the month of December of the calendar year immediately preceding such index-year. The percentage by which the cost of living for the month of December of such index-year, as shown by said index, shall have increased or decreased over or below the cost of living for the month of December of the calendar year immediately preceding such index-year, as shown by said index, shall be the percentage used, subject to the three percent limitation hereinabove contained in Section 3.44.030 of this chapter, to determine the amount of increases or decreases in retirement allowances and in survivorship allowances which are to be made in the following subject year as above provided for in Section 3.44.030 of this chapter. If the percentage by which the cost of living for the month of December of any index-year shall have increased or decreased over or below the cost of living for the month of December of the calendar year immediately preceding such index-year is in excess of three percent, the excess shall be accumulated from year to year and included in the determination of the increases or decreases in cost of living in succeeding index-years the same as if they occurred in such succeeding index-years; provided and excepting, however, that: A. No retirement allowance shall be increased or decreased because of such accumulated increases or decreases in cost of living unless and except to the extent that such accumulated increases or decreases occurred either: 1. During or after the index-year within which the recipient of such allowance retired from city service if he retired from such service within the first three months of a calendar year; or 2. During or after the index-year following the index-year within which the recipient of such allowance retired from city service if he retired from such service within the last nine months of a calendar year, but in no event shall such accumulated increases or decreases include any increases or decreases occurring in any index-year prior to the 1969 index-year. B. No survivorship allowance shall be increased or decreased because of such accumulated increases or decreases in cost of living unless and except to the extent that such accumulated increases or decreases occurred either: 1. During or after the index-year within which the member or former member of an above-mentioned retirement plan or system, because of whose death the survivorship allowance is payable, either retired from city service or died (whichever occurred earlier) if he died or retired within the first three months of a calendar year; or 2. During or after the index-year following the index-year within which he retired from city service or died (whichever occurred earlier) if he died or retired within the last nine months of a calendar year, but in no event shall such accumulated increases or decreases include any increases or decreases occurring in any index-year prior to the 1969 index-year. C. No accumulated increases or decreases shall include any increases or decreases which occurred in any index-year prior to the 1969 index-year. D. Increases and decreases in the amounts of allowances for each subject year, respectively, shall still be subject to the three percent limitation set forth in Section 3.44.030. (Prior code § 2904.506; Ords. 20064, 29120.)

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_CH3.44CO-LAD_3.44.040DEPEINDECOLIFetched: 11/1/2026