Definitions.
San José Municipal Code § 3.28.1460
in effect3.28.1460 - Definitions.
As used in this Part 11:
A. "Death before retirement" means death of a member of this system while a member of this system and before retirement for service or disability. If a member should die after reinstatement from retirement and while a member of this system but before he or she again retires, such member's death shall be deemed to be "death before retirement."
B. "Nonservice-connected death" means death of a member which is not a service-connected death.
C. "Service-connected death" means death of a member which arises or results from an injury or disease arising out of and in the course of the federated city service for which such deceased member was entitled to credit under this system.
D. "Surviving child" and "surviving children" mean such child or children of a deceased member that meet and satisfy all of the following conditions and requirements:
1. The child survives the member's death; and
2. The child is neither married nor a member of a registered domestic partnership at the time of the member's death; and
3. The child is under the age of eighteen years at the time of the member's death; and
4. If the child is an adopted child of the member, the adoption was completed pursuant to law prior to the member's death. A child who has been married, but whose marriage has been dissolved by divorce or death, shall not be deemed to be a surviving child as said term is used in this Part 11. A child who has been a member of a registered domestic partnership, but whose partnership has been terminated through a proceeding for dissolution or by filing a notice of termination of domestic partnership, or by death, shall not be deemed to be a surviving child as said term is used in this Part 11.
E. "Surviving spouse" means the person to whom a member was married at the time of the member's death who survives the member's death, and none other.
F. "Surviving domestic partner" means the person:
1. With whom a member, at the time of the member's death, had established a registered domestic partnership by filing a declaration of domestic partnership with the secretary of state pursuant to Division 2.5 of the California Family Code or had formed a legal union other than a marriage in a jurisdiction other than California and such union is recognized as a domestic partnership pursuant to California Family Code Section 299.2; and
2. Who survives the member's death.
(Prior code §§ 2904.1501 - 2904,1505; Ords. 23806, 27521.)
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_PT11DEBERE_3.28.1460DEFetched: 11/1/2026