Transfer of accumulated contributions.
San José Municipal Code § 3.28.785
in effect3.28.785 - Transfer of accumulated contributions.
A. In the event a person's membership in this system is terminated because the person transfers, without a break in service, to a position that qualifies the person for membership in the police and fire department retirement plan and the person thereby becomes a member of such plan, the person may elect to leave his or her accumulated contributions on deposit in the retirement fund or may elect to have all of his or her accumulated contributions, with accrued interest thereon, transferred to the police and fire department retirement fund in accordance with the provisions of the police and fire department retirement plan.
B. If a person described in Subsection A. elects to leave his or her accumulated contributions on deposit in this retirement fund, the person shall have no right to a refund of contributions until such person separates from city service. If the person elects to leave accumulated contributions on deposit in this retirement fund, subsequently separates from city service, and does not meet the requirements of Section 3.28.580, Section 3.28.590, or Section 3.28.2420, then within six (6) months of such person's separation from city service, all of his or her accumulated contributions and the interest accrued thereon shall be paid to the person.
C. If the accumulated contributions and accrued interest of a person described in Subsection A. are transferred to the police and fire department retirement fund, such person's membership in this system shall terminate and thereafter the member, and any and all other persons or estates who might otherwise be entitled to any rights or benefits under this system because of such member's membership, shall thereupon cease to have or be entitled to any rights or benefits under this system.
(Ord. 27838.)
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_PT6MECO_3.28.785TRACCOFetched: 11/1/2026