Service-connected disability retirement - Amount of allowance.
San José Municipal Code § 3.28.1280
in effect3.28.1280 - Service-connected disability retirement - Amount of allowance.
A. Subject to other provisions of this Chapter 3.28, a member who, while he or she is an employee of the City in the Federated City Service is disabled and incapacitated for the performance of duty, may be retired by the Retirement Board pursuant to the provisions of this Section for such disability, and shall be so retired upon application being made therefor, if said disability is a service-connected disability.
B. Subject to other provisions of this Chapter, any member (other than Tier 2 members) retired pursuant to the provisions of this Section because of a service-connected disability shall thereafter be paid from the retirement fund, while he or she is disabled and incapacitated for the performance of duty as a result of such service-connected disability, a service-connected disability retirement allowance in an annual allowance equal to forty percent (40%) of the member's final compensation, plus two and one-half percent (2.5%) of the member's final compensation for each year of Federated City Service for which the member is entitled to credit under the provisions of this System in excess of the first sixteen (16) years of service; provided however, that in no event shall said allowance be more than seventy-five percent (75%) of the member's final compensation, less the amounts specified in Sections 3.28.1330 and 3.28.1340 of this Chapter.
C. Tier 2 members who are approved by the independent medical panel or, upon appeal, the administrative law judge, for a service-connected disability an allowance equal to two percent (2%) of the Tier 2 member's final compensation for each year of service; provided, however, the Tier 2 member's allowance may not be less than forty percent (40%) of final compensation nor greater than seventy percent (70%) of the member's final compensation. Notwithstanding the foregoing, the Tier 2 member's service-connected disability allowance shall be subject to the reductions specified in Sections 3.28.1330 and 3.28.1340.
(Prior code § 2904.1460; Ords. 26846, 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_PT10REDI_3.28.1280SENNDIREMOALFetched: 11/1/2026