Recipient attaining age fifty-five (sixty-two for tier 2 recipients) to be deemed permanently disabled.
San José Municipal Code § 3.28.1400
in effect3.28.1400 - Recipient attaining age fifty-five (sixty-two for tier 2 recipients) to be deemed permanently disabled.
Anything elsewhere to the contrary notwithstanding, if a recipient of a disability allowance granted pursuant to the provisions of this Part 10 should, upon attaining the age of fifty-five (55) years (sixty-two (62) years for Tier 2 member recipients), still be incapacitated to perform the duties of the position held by him or her at the time of his or her retirement and of any other position in the same classification of positions as the one held by him or her at the time he or she was retired pursuant to the provisions of this part, he or she shall, for purposes of this Chapter, upon attaining age fifty-five (55) years (sixty-two (62) years for Tier 2 member recipients), be deemed permanently disabled and no longer be subject to recall to duty, and his or her disability retirement allowance may not thereafter be canceled.
(Prior code § 2904.1472; Ords. 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_PT10REDI_3.28.1400REATAGFIVESIOTI2REBEDEPEDIFetched: 11/1/2026