Separation from service - Transfer to position in department other than police or fire departments.
San José Municipal Code § 3.32.380
in effect3.32.380 - Separation from service - Transfer to position in department other than police or fire departments.
A. A member of this retirement plan shall be deemed separated from the service upon his ceasing to hold any office or position in the police or fire department of the city.
B. If an office or position held by a member in the police or fire department is abolished or discontinued and such member, for such reason, ceases to hold any office or position in the police or fire department, he thereby becomes entitled to such rights, if any, as are given to him by other sections of this chapter because of his separation from service. However, if at the time his position in the police or fire department is so abolished or discontinued, the functions and duties of his office or position, or substantially the same functions and duties, are transferred to a department other than the police or fire department, and if in addition he is transferred, without a break in service and without examination, to a position in such other department to perform substantially the same functions and duties as he theretofore performed in the police or fire department, and if in addition upon such transfer he becomes a member of the retirement plan established by Chapter 3.24 of this Code and elects to receive, and becomes entitled to receive, credit under such plan for services to which he is entitled to credit under this plan, then in such event he may elect, in lieu of receiving or being entitled to any other rights, benefits or moneys under this plan, to have all of his accumulated contributions in this plan, with interest thereon, transferred and paid to the retirement fund established pursuant to Chapter 3.24 of this Code. Such election shall be made in the manner and time specified in Section 3.24.1080 of this Code. Upon such election being made said accumulated contributions and interest earned thereon, plus all contributions made by the city to this plan because of such person's membership herein, shall be transferred and paid to the retirement fund established pursuant to Chapter 3.24, and, thereafter, neither the person making such election or any survivor or estate of such person shall be entitled to any rights, benefits, allowance or moneys under this plan.
(Prior code § 2903.36.)
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_CH3.32POFIDEREPL_3.32.380SESERAPODEOTPOFIDEFetched: 11/1/2026