Administration of the plan.
San José Municipal Code § 3.49.060
in effect3.49.060 - Administration of the plan.
A. The plan and the trust established by this chapter shall be administered by the city as outlined under the basic plan and adoption agreement, which shall be the sole authority to enforce the plan and the trust.
B. The city shall be responsible for the operation of the plan in accordance with its terms, and shall determine all the questions arising out of the administration, interpretation, and application of the plan and the trust, including making decisions on behalf of the city as to the choice and nature of investments to be available under the plan. All such determinations shall be conclusive and binding on all persons.
C. The city shall have the authority to enter into agreements on behalf of the city for the administration of the plan, for custodial agreements for funds, and for investments under the plan where the fees to be paid under such an agreement are to be paid by the participants or where there is no amount to be paid by the city under the agreement.
D. The city may appoint the city manager to perform the administrative duties on behalf of the city. In such a case, the city manager may appoint a designee. The city may also appoint any person or body to act as trustee for the sole purpose of ensuring that all investments, amounts, properties and rights held under the plan are held for the exclusive benefit of participants and their beneficiaries. Except for this purpose, the plan trustee shall be a directed trustee and shall be completely subject to the direction of the administrator, plan coordinator, participant, beneficiary or alternate payee.
(Ord. 29184.)
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_CH3.49UNMADECO401PL_3.49.060ADPLFetched: 11/1/2026