Service for which member was formerly entitled to credit under police and fire department retirement plan on or after February 1, 1962.
San José Municipal Code § 3.24.1090
in effect3.24.1090 - Service for which member was formerly entitled to credit under police and fire department retirement plan on or after February 1, 1962.
Subject to the following conditions, restrictions, limitations and other provisions, a member of this system who, prior to becoming a member of this system was on or after February 1, 1962, a member of the police and fire department retirement plan established or administered pursuant to Chapter 3.32 or Chapter 3.36 of this Code, shall be entitled to credit under this system for service, if any, for which he was entitled to credit under said police and fire department retirement plan at the time his membership therein was last terminated, if all of the following conditions exist and are satisfied:
A. Such person must have been, prior to becoming a member of this system, a member of the police and fire department retirement plan established or administered by or pursuant to Chapters 3.32 or 3.36 of this Code; and
B. Such person must have held, prior to becoming a member of this system, a city position in the police or fire department of the city which qualified him for membership in, and because of which he was a member of the abovementioned police and fire department retirement plan; and
C. Such person's membership in the above-mentioned police and fire department retirement plan must have ceased and terminated prior to his becoming a member of this system; and
D. Such person must not have elected to continue making contributions to the police and fire department retirement plan, pursuant to the provisions of Sections 3.36.1620 or 3.36.1630; and
E. Such person must have filed with the retirement board:
1. On or before and no later than the thirtieth day immediately following the date on which there is deposited in the U.S. Mail addressed to him at his last place of residence as shown on the city's records, a written notice of his right to so elect, or
2. On or before and no later than the thirtieth day immediately following the date as of which he becomes a member of this system, whichever is the later date, a written statement, in duplicate, duly signed by him, wherein he elects to receive credit under this system for service for which he was entitled to credit under said police and fire department retirement plan at the time his membership therein was last terminated, and wherein he agrees to pay into the retirement fund established by this chapter an amount of money sufficient to make the accumulated contributions standing to the credit of his individual account in this system equal to the amount they would be if he had been a member of this system, in the position to which he was appointed and because of which he became a member of this system, during the time he was rendering the previous service in the police or fire department for which he seeks to get credit, and if the contributions payable to this system under such circumstances had been deducted from his compensation and paid into the retirement fund pursuant to this system during all of such time. Payment of such amount may be made by such person from any source or sources available to him including, but not limited to, transfer of moneys contributed by him to the police and fire department retirement fund, together with interest thereon, from the police and fire department retirement fund into the retirement fund established by this chapter; and
F. A copy of the statement specified in the immediately preceding subsection E. shall have been transmitted by the retirement board to the board which is charged with the duty of administering the abovementioned police and fire department retirement plan of which said person was formerly a member; and said person shall have paid into the retirement fund established under this chapter:
1. On or before and no later than the thirtieth day immediately following the date on which he files with the retirement board, within the time prescribed in subsection E.1. of this section therefor, his written election to receive the above-described credit in the retirement fund; or
2. On or before and no later than the thirtieth day immediately following the date as of which he is appointed to a position entitling him to membership in this system, whichever is the later date, an amount of money sufficient to make the accumulated contributions standing to the credit of his individual account in this system equal to the amount they would be if he had been a member of this system, in the position to which he was appointed and because of which he became a member of this system, during the time he was rendering the previous service in the police or fire department for which he seeks to get credit, and if the contributions payable to this system under such circumstances had been deducted from his compensation and paid into the retirement fund pursuant to this system during all of such time.
(Prior code § 2904.92c.)
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_CH3.24RESYSUJU11951_PT11SE_3.24.1090SEWHMEWAFOENCRUNPOFIDEREPLAFFE11962Fetched: 11/1/2026