Dental benefits for survivors of members.
San José Municipal Code § 3.28.2010
in effect3.28.2010 - Dental benefits for survivors of members.
Subject to the provisions of this Chapter, if a surviving spouse, surviving domestic partner, or surviving child and/or children, as those terms are defined in Sections 3.28.1460, 3.28.1560, and 3.28.1750 of this Chapter, whichever is applicable, is receiving a monthly survivorship allowance pursuant to Part 11, Part 12 or Part 14 of this Chapter or is receiving an optional settlement allowance pursuant to Part 13 of this Chapter because of the death of a member of this System, other than the death of a Tier 2 member effective on or after September 27, 2013 or a participant under the City of San José defined contribution plan for employees in Unit 99 under Chapter 3.49, then said surviving spouse, surviving domestic partner, or surviving child and/or children may be entitled to dental insurance coverage in an eligible dental plan as specified in this Part if the following conditions are satisfied:
A. The member either died before receiving retirement pay or was retired for either service or disability; and
B. Such member was at the time of death:
1. Entitled to credit for five (5) or more years of service; or
2. Was receiving an allowance equal to at least thirty-seven and one-half percent (37.5%) of final compensation; or
3. Would have been receiving an allowance equal to at least thirty-seven and one-half percent (37.5%) of final compensation if the workers' compensation offset set forth in Section 3.28.1040 did not apply.
C. Notwithstanding any other provision of this Part, new employees, other than new employees represented by the Operating Engineers, Local 3 and the Association of Building, Mechanical and Electrical Inspectors who were hired or rehired before September 27, 2013 and meet the requirements of Section 3.28.2020, and participants in the City of San José defined contribution plan for employees in Unit 99 under Chapter 3.49 and their survivors are not eligible for the benefits provided by this Section 3.28.2010. Instead, any dental insurance coverage that may be provided to these new employees or to employees who are participants in the City of San José defined contribution plan for employees in Unit 99 under Chapter 3.49 who are not eligible for benefits under this Section 3.28.2010, and their respective survivors, shall be determined only as provided under Section 3.28.2005.
D. Any survivor who is eligible for dental coverage but instead elects to participate in the "In Lieu" premium credit option described in Section 3.28.1965, and later elects to again be covered under the City's medical and dental coverage during the annual open enrollment period or the occurrence of another event identified by the dental plans as providing such individuals with an opportunity to elect to be covered under the City's dental coverage shall be required to pay the full portion of the member cost of coverage under this Part 17.
(Ords. 22261, 23736, 27521, 29184, 29283, 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_PT17DEBEREMESU_3.28.2010DEBESUMEFetched: 11/1/2026