Return of contributions and interest.
San José Municipal Code § 3.44.130
in effect3.44.130 - Return of contributions and interest.
A. In each of the following situations, and none other, cost-of-living contributions, and interest thereon, credited to the individual account of a contributor shall be returned as follows:
1. If the contributor is a member of the police and fire department retirement plan established by Chapter 3.32 of the San José Municipal Code, the cost-of-living contributions, and interest thereon, credited to such contributor shall be returned to him if and when he becomes entitled to the return of and is paid, under and pursuant to the provisions of Sections 3.32.340, 3.32.350 or 3.32.360 of this Code, those accumulated contributions contributed by him to the police and fire department plan established by said Chapter 3.32.
2. If the contributor is a member of the police and fire department retirement plan established by Chapter 3.32 of the San José Municipal Code, the cost-of-living contributions, and interest thereon, credited to such contributor shall be returned to his widow or estate, as the case may be, if and when such widow or estate becomes entitled to the return of and is paid, under and pursuant to the provisions of Sections 3.32.340, 3.32.350 or 3.32.360 of this Code, those accumulated contributions contributed by him to the police and fire department plan established by said Chapter 3.32.
3. If the contributor is a member of the police and fire department plan established by Chapter 3.36 of the San José Municipal Code, the cost-of-living contributions, and interest thereon, credited to such contributor shall be returned to him if and when he becomes entitled to receive and elects to receive and is paid, under and pursuant to the provisions of Sections 3.36.1620 or 3.36.1630 of this Code, those accumulated contributions contributed by him to the police and fire department plan established by said Chapter 3.36.
4. If the contributor is a member of the police and fire department retirement plan established by Chapter 3.36 of the San José Municipal Code, the cost-of-living contributions, and interest thereon, credited to such contributor shall be returned to the survivor or survivors or estate of such contributor if and when such survivor or survivors or estate becomes entitled to receive and is paid, under and pursuant to the provisions of said Chapter 3.36, those accumulated contributions contributed by said contributor to the police and fire department retirement plan established by Chapter 3.36; provided and excepting, however, that said cost-of-living contributions and interest shall not be so returned and paid to said survivor, survivors or estate if any of said survivors or said estate is or becomes or may become entitled to receive any monthly or biweekly allowance under and pursuant to the provisions of said Chapter 3.36.
5. If the contributor is a member of the federated city employees retirement plan established by Chapter 3.24 or Chapter 3.28 of the San José Municipal Code, the cost-of-living contributions, and interest thereon, credited to him shall be returned to him if and when he becomes entitled to receive and does receive, under and pursuant to the provisions of said Chapter 3.24 or Chapter 3.28 the return of all accumulated contributions contributed by him to the federated city employees retirement plan established by said Chapter 3.24 or Chapter 3.28.
6. If the contributor at the time he retired or died was a member of the retirement plan established by Chapter 3.24 or Chapter 3.28 of the San José Municipal Code, the cost-of-living contributions and interest thereon which are credited to him shall be paid to such survivor, beneficiary or estate of such contributor as may become entitled to receive, under the provisions of said Chapter 3.24 or Chapter 3.28 plan, all or any of the accumulated contributions contributed by said contributor to such plan, but only if and when such survivor, beneficiary or estate becomes entitled to receive and is paid such contributions under said plan; provided and excepting, however, that if said contributor at the time of his death or retirement was a member of the plan established by Chapter 3.24, such cost-of-living contributions and interest shall not be so returned or paid to said survivor, beneficiary or estate if said survivor, beneficiary or estate is or becomes or may become entitled to receive any allowance under and pursuant to the provisions of said Chapter 3.24; and provided and excepting, further, that, if said contributor at the time of his death or retirement was a member of the plan established by Chapter 3.28, said cost-of-living contributions and interest shall not be so returned or paid to said survivor, beneficiary or estate if any cost-of-living benefit has theretofore been paid or has theretofore become payable under the provisions of this Chapter 3.44.
B. In the event that any contributor, after return to him of his accumulated contributions in any of the retirement plans established by Chapters 3.24, 3.28, 3.32 or 3.36 of this Code, should be required because of reinstatement or otherwise, to return and repay such contributions to any of said plans, he shall, at the same time that he returns such contributions to such plans, return and repay to the city's director of finance, for credit to his account under this Chapter 3.44, all cost-of-living contributions and interest theretofore returned to him under or pursuant to the provisions of this Chapter 3.44.
C. Upon payment, pursuant to the provisions of this Chapter 3.44, of a contributor's accumulated cost-of-living contributions to such contributor or to any beneficiary, estate or survivor of such contributor, neither said contributor nor any of his survivors shall thereafter have any right to any allowance or other benefit under the provisions of this Chapter 3.44.
(Prior code § 2904.514.)
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_3.44.130RECOINFetched: 11/1/2026