Voluntary retirement for service.
San José Municipal Code § 3.28.1110
in effect3.28.1110 - Voluntary retirement for service.
A. Subject to other provisions of this Chapter 3.28, a member of this System, other than Tier 2 members, shall be retired for service pursuant to this Section, upon his or her written application therefor to the Board of Administration for the Federated City Employees Retirement System, if:
1. Such member has attained fifty-five (55) or more years of age and is entitled under this System to credit for five (5) or more years of Federated City Service rendered after he or she became and while he or she was a member of this System; or
2. If such member has not attained fifty-five (55) or more years of age but is entitled under this System to credit for thirty (30) or more years of Federated City Service of which not less than five (5) years were rendered after he or she became and while he or she was a member of this System; or
3. If such member has attained fifty-five (55) or more years of age and has rendered not less than two (2) years of Federated City Service under this System and became a member of this System before April 15, 1991, pursuant to a transfer of a communications function from Santa Clara County to the City of San José and without a break in service from county communications to a City communications classification and does not qualify under any other provisions of this Chapter or Chapters 3.20 and 3.24.
B. Subject to other provisions of this Chapter 3.28, a Tier 2 member of this System shall be retired for service pursuant to this Section, upon his or her written application therefor to the Board of Administration for the Federated City Employees Retirement System, if:
1. Such member has attained sixty-two (62) or more years of age and is entitled under this System to credit for five (5) or more years of Federated City Service rendered after he or she became and while he or she was a member of this System; or
2. Such member attained fifty-five (55) or more years of age and is entitled under this System to credit for five (5) or more years of Federated City Service rendered after he or she became and while he or she was a member of this System. However, member's benefit shall be actuarially reduced by a factor of five percent (5%) for each year the Tier 2 member retires before age sixty-two (62), prorated to the closest month. The early retirement reduction factors used are shown below:
Retirement Age | Early Retirement Factor
62 | 1.00
61 | 0.95
60 | 0.90
59 | 0.85
58 | 0.80
57 | 0.75
56 | 0.70
55 | 0.65
C. Subject to other provisions of this Chapter, a member, other than a Tier 2 member, who is retired for service pursuant to the provisions of this Section shall be entitled to receive, and shall be paid, from the retirement fund from and after the effective date of such member's retirement and during the remainder of his or her lifetime, an annual service retirement allowance equal to two and one-half percent (2.5%) of such member's final compensation times the number of years of Federated City Service for which such member is entitled to credit under the provisions of this System; provided and excepting, however, that said annual allowance shall never exceed a maximum of seventy-five percent (75%) of such member's final compensation.
D. Subject to the provisions of this Chapter, a Tier 2 member who is retired for service pursuant to the provisions of this Section shall be entitled to receive, and shall be paid, from the retirement fund from and after the effective date of such member's retirement and during the remainder of his or her lifetime, an annual service retirement allowance equal to two percent (2%) of such Tier 2 member's final compensation times the number of years of Federated City Service for which such Tier 2 member is entitled to credit under the provisions of this System; provided and excepting, however, that said annual allowance shall never exceed a maximum of seventy percent (70%) of such Tier 2 member's final compensation. This benefit will be actuarially adjusted for members who retire prior to attainment of age sixty-two (62). If the Tier 2 member has attained age fifty-five (55) but has not yet reached age sixty-two (62), the Tier 2 member's benefit shall be actuarially reduced by a factor five percent (5%) for each year the Tier 2 member retires before age sixty-two (62), prorated to the closest month. The reduced benefit is as stated in 3.28.1110.B.2.
(Prior code § 2904.1401; Ords. 21265, 21371, 22314, 23485, 29120, 29904.)
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_PT9RESE_3.28.1110VORESEFetched: 11/1/2026