Integration of worker's compensation benefits.
San José Municipal Code § 3.28.1040
in effect3.28.1040 - Integration of worker's compensation benefits.
A. No allowances or benefits payable under this system shall be modified because of any worker's compensation benefits which may become payable under the laws of the State of California to any member or to any recipient of any allowance or benefit payable under this system except as provided in subsection B. of this section.
B. In the event a member is retired for a service-connected disability pursuant to Part 10 of this chapter and receives both a service-connected disability retirement allowance and a workers' compensation benefit for temporary disability, permanent disability or vocational rehabilitation temporary disability pursuant to Division 1 or Division 4 of the California Labor Code, then the service-connected disability retirement allowance shall be offset by the sum of all such workers' compensation benefits as follows:
1. The offset shall apply only to the following persons:
a. Those persons whose application for a service-connected disability retirement was filed, by any person authorized in Section 3.28.1230 to file such application, on or after July 13, 1986; and
b. Those persons retired on the retirement board's own motion, pursuant to Section 3.28.1220, on or after July 13, 1986.
2. The applicable amount of the workers' compensation benefits shall be converted to a monthly equivalent. The monthly service-connected disability retirement allowance shall be reduced by the workers' compensation benefit monthly equivalent.
3. The offset shall be in effect only during such time as concurrent retirement allowances and workers' compensation benefits are paid. In the case of the payment of a lump sum workers' compensation benefit (excluding payments for medical treatment), the offset shall apply only for such period of time as concurrent payments would have been made had the workers' compensation benefit been paid in installments.
4. In no case shall the offset reduce the service-connected disability retirement allowance to an amount less than the sum of the maximum retired member contributions for medical, dental, life, and accidental death insurance premiums, as determined by the city, plus one dollar. This limitation shall apply regardless of whether the retired member actually contributes toward the payment of such premiums.
5. No offset shall be made for permanent disability benefits paid to any retired member of this system who has received a workers' compensation permanent disability rating of one hundred percent.
6. The offset shall not apply with respect to workers' compensation benefits paid for any injury or illness which did not cause or contribute to the disability for which the service-connected disability retirement was granted.
(Prior code § 2904.1354; Ord. 22245.)
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_PT8BEGE_3.28.1040INWOCOBEFetched: 11/1/2026