FEDERATED CITY EMPLOYEES RETIREMENT SYSTEM

SJ-MC tit. 3, div. II, ch. 3.20

in effect

San José Municipal Code § 3.20.010 Purpose of system.

3.20.010 - Purpose of system. The purpose of this Chapter 3.20 is to provide a means whereby employees of the city receiving a monthly compensation for city service in its classified and unclassified civil service, (excepting elected officials, the city manager, members of appointive boards, and city employees eligible to the police and fire department retirement system), who become incapacitated as a result of age or disability may be replaced by more capable employees, thus promoting economy and efficiency in the public service without prejudice and without inflicting a hardship upon the employees removed, and at the same time to recognize a public obligation to such public employees as may become incapacitated, by making provisions for the retirement of aged and disabled employees by the payment of retirement benefits. (Prior code § 2901.)

San José Municipal Code § 3.20.020 Established - Operative date - Name.

3.20.020 - Established - Operative date - Name. There is hereby continued a retirement system for officers and employees of the city receiving a monthly compensation for services in its classified and unclassified civil service, including regular employees of the public library but excepting elected officials, the city manager, members of appointive boards and city employees eligible to the police and fire department retirement system. Said system, established pursuant to Ordinance 2774, approved by vote of the people on May 18, 1942, became operative on October 1, 1941, and is known as the "federated city employees retirement system." (Prior code § 2901.1.)

San José Municipal Code § 3.20.030 Board of administration - Creation.

3.20.030 - Board of administration - Creation. For the creation of the board of administration, see Part 10 of Chapter 2.08 of this Code. (Prior code § 2901.2.)

San José Municipal Code § 3.20.040 Duties of city officers.

3.20.040 - Duties of city officers. The treasurer, auditor, city attorney and retirement and benefits administrator shall perform such duties in reference to the retirement system and fund as the board of administration may from time to time direct, and shall receive no additional compensation for any services so rendered. (Prior code § 2901.3; Ord. 21624.)

San José Municipal Code § 3.20.050 Board of administration - Control of funds.

3.20.050 - Board of administration - Control of funds. The board shall have exclusive control of the administration and investment of said retirement fund, and shall transmit to the city auditor monthly, on a date to be selected by the board, an itemized list of, and showing the authority for, all payments to be made from said fund for retirement benefits currently payable, and the treasurer shall pay all warrants therefor against said retirement fund only when so authorized, and when signed by the city auditor and countersigned by the city manager and attested by the clerk of the board. (Prior code § 2901.4.)

San José Municipal Code § 3.20.060 Board of administration - Annual report.

3.20.060 - Board of administration - Annual report. Within ninety days after the end of each fiscal year or, if later, within thirty days after the submission to the city council of an audited annual fiscal report of the retirement system's funds required by the city Charter or ordinance, the board shall render to the city council and city manager an annual report for such preceding fiscal year. The report shall contain a statement of the board's work for such period, and shall show all receipts and disbursements, the names of all persons receiving benefits under the retirement system, the nature of such benefits and the amounts paid to each therefor, and the balance remaining in the retirement find after such payments. The report may contain recommendations for or against changes in the retirement system. (Prior code § 2901.5; Ord. 18767.)

San José Municipal Code § 3.20.070 Board of administration - Additional powers.

3.20.070 - Board of administration - Additional powers. The board of administration shall, in addition to other powers granted in this chapter, have power: A. To compel witnesses to attend and testify before it upon all matters connected with its duties under this chapter, in the same manner as is or may be provided by law for the taking of testimony before notaries public; and the president, or any member of said board, may administer oaths to such witnesses; B. To make all needed rules and regulations for its guidance in accordance with this chapter, and if it shall be impracticable for the board to determine from the records the length of service, the compensations or the age of any member, then the board may estimate for the purpose hereof such length of service, compensation or age. (Prior code §§ 2901.35, 2901.36, 2901.37.)

San José Municipal Code § 3.20.080 Certain uses of funds prohibited.

3.20.080 - Certain uses of funds prohibited. Except as provided in this chapter, no member or employee of the board of administration shall have any interest, direct or indirect, in the making of any investment or in the gains or profits accruing therefrom. No member of the retirement system and no member or employee of the board, directly or indirectly, for himself or as an agent or partner of others, shall borrow any of its funds or in any manner use the same except to make such current and necessary payments as are authorized by the board; nor shall any member or employee of the board become an endorser or surety or become in any manner an obligor for moneys invested by the board. (Prior code § 2901.6.)

San José Municipal Code § 3.20.090 No retirement for five years after October 1, 1941.

3.20.090 - No retirement for five years after October 1, 1941. It is provided that no order for retirement shall be granted any member under the terms and conditions of this chapter until five years have elapsed after October 1, 1941, the effective date of Ordinance 2774. (Prior code § 2901.56.)

San José Municipal Code § 3.20.100 City manager participation permitted when.

3.20.100 - City manager participation permitted when. The provisions of Section 1 of Ordinance 2774 excepting the city manager from membership in the retirement system shall not apply in cases where any officer or employee who, prior to his appointment as city manager, has served the city in any other capacity or capacities, and who prior to such appointment was a member of the federated employees retirement system. In such case, he shall not forfeit his rights as a member thereof, and such individual shall continue to make payments into the retirement find at the same rate that he would have had he continued in the same position occupied by him immediately prior to his appointment as city manager. (Prior code § 2901.15.)

San José Municipal Code § 3.20.110 Optional participation.

3.20.110 - Optional participation. If any employee eligible to participate in the retirement plan set forth in this chapter is sixty-five years of age or over at the date Ordinance 2774 became effective, such employee may elect to exempt himself from the provisions of this chapter by notifying the board of administration in writing, within fifteen days after the effective date of Ordinance 2774, of his election to exempt himself from the provisions of said ordinance. Except as in this section provided, participation in the retirement plan set forth in this chapter shall be mandatory upon the employees named in Section 3.20.010 of this chapter. (Prior code § 2901.54.)

San José Municipal Code § 3.20.120 Period of service for eligibility.

3.20.120 - Period of service for eligibility. In determining the period of service necessary to render any employee eligible for retirement allowance under the provisions of this chapter, aggregate service only shall be considered, dating from the date when such employee was placed upon the payroll now on file with the city auditor, or as shown upon time cards and work orders on file in the department of public works, or as otherwise shown by city records. Such service need not be continuous and may be in any capacity, and any rights acquired by service shall not be lost by reason of resignation or withdrawal from the service except as otherwise expressly provided. (Prior code § 2901.10.)

San José Municipal Code § 3.20.130 Service retirement.

3.20.130 - Service retirement. Any such employee who shall have served in the employ of the city for thirty years and who is sixty years of age, with a minimum of thirty years in the aggregate in any capacity whatsoever, shall, on his petition as prescribed in Section 3.20.470, or by order of the board of administration if it be deemed for the good of the service, be retired from further service and shall thereafter, during his lifetime, be paid in equal monthly installments from the retirement fund a yearly retirement allowance equal to one-half of the average annual salary attached to the position held by him during five years prior to the date of such petition or such order of the retirement board; provided, that for the purpose of this chapter, no average monthly salary shall, for the purpose of computing retirement allowance, be held as exceeding two hundred and fifty dollars per month. No involuntary removal of any such employee from the service shall deprive him of the benefits of this section after said employee has thirty years' service. (Prior code § 2901.7.)

San José Municipal Code § 3.20.140 Retirement after twenty years' service - Conditions.

3.20.140 - Retirement after twenty years' service - Conditions. After twenty years' service, any employee may apply to the board of administration for retirement, or may be retired by the board on its own motion, on a limited annual allowance equal to such proportionate share of one-half of the average annual salary attached to the position held by such applicant during five years prior to the filing of such application as the number of years actually served bears to thirty years. For example, if such service has been for twenty-two years, the allowance shall be twenty-two-thirtieths of said one-half of the average annual salary. (Prior code § 2901.22.)

San José Municipal Code § 3.20.150 Retirement after twenty years' service - Application.

3.20.150 - Retirement after twenty years' service - Application. Upon the receipt of the application described in Section 3.20.140, the board of administration shall investigate the same, and in its discretion grant or deny such application; provided, that any denial of such application shall be without prejudice to the filing of a new application after the lapse of three months. No removal of any such employee from the service after twenty years' service shall operate to deprive him of the benefits of Sections 3.20.140 through 3.20.160 except when such removal be for habitual drunkenness, notorious insubordination, or conviction of a felony, and then only in the event the board of administration in its discretion orders that such removal operate to deprive such employee of the benefits hereof. (Prior code § 2901.23.)

San José Municipal Code § 3.20.160 Retirement after twenty years' service - Four-fifths' vote of board required.

3.20.160 - Retirement after twenty years' service - Four-fifths' vote of board required. No order for retirement, as in Sections 3.20.140 through 3.20.160 provided, shall be effective except upon a four-fifths' vote of the members of the board of administration, and then only after a ten-day notice to the member of time and place of meeting of the board of administration for consolidation of said member's retirement. (Prior code § 2901.24.)

San José Municipal Code § 3.20.170 Compulsory retirement - Extensions.

3.20.170 - Compulsory retirement - Extensions. A. The age of compulsory retirement shall be sixty-five years. Each member who has attained the age of compulsory retirement subsequent to the effective date of Ordinance 2774 shall be retired by the board, and any member who has passed the age of compulsory retirement at the effective date of this chapter shall be retired by the board immediately, provided that upon application of any member subject to compulsory retirement, the board may allow the member an extension of one year if in its judgment the continuance of employment of such member will be advantageous to the city service. The board may renew such extension from year to year, but the board shall not grant extensions under this section to any member for more than an aggregate period of five years. B. Any employee having reached the compulsory age for retirement but having less than thirty years in the aggregate of continuous service to his credit may retire on limited annual allowance equal to such proportionate share of one-half of the average annual salary attached to the position held by applicant prior to the filing of such application as the number of years actually served bears to thirty. (Prior code § 2901.9.)

San José Municipal Code § 3.20.180 Retirement for the good of the service - Four-fifths' vote of board required.

3.20.180 - Retirement for the good of the service - Four-fifths' vote of board required. No member may be retired by order of the board of administration for the good of the service unless said order is voted by a four-fifths' vote of the members of the board of administration after ten-day notice to the employee of said meeting, such notice to recite the time and place of meeting of the board of administration for consideration of the employee's retirement for the good of the service. (Prior code § 2901.8.)

San José Municipal Code § 3.20.190 Nonservice-connected disability retirement.

3.20.190 - Nonservice-connected disability retirement. Should any employee who has been a member of the federated city employees retirement system for at least ten years suffer any bodily injury or sickness which is not service-connected, and as a result thereof becomes so physically or mentally disabled as to render necessary his retirement from active service, the board of administration shall order and direct that such person be paid during the period of such disability a retirement allowance not to exceed Fifty percent of the amount provided for in this chapter for the monthly retirement allowance for members retired on service-connected disability. The amount of the allowance herein provided for shall be determined by the board of administration within thirty days after the hearing of the petition for retirement. In determining the amount, the board shall take into consideration the circumstances of the injury, the nature of the disability, whether total or partial, and make its order accordingly. In accordance with the provisions of Sections 3.16.240 and 3.16.250, the retirement allowance herein provided for may, upon determination of fitness to return to duty, be terminated. (Prior code § 2901.21.)

San José Municipal Code § 3.20.200 Service-connected disability retirement - Paid when.

3.20.200 - Service-connected disability retirement - Paid when. Should any employee, by reason of bodily injury received in or sickness resulting from the discharge of his duties, become so physically or mentally disabled as to render necessary his retirement from active service, he shall be paid from the date of disability to the date of retirement compensation in accordance with the applicable laws and ordinances of the city with reference thereto, and said payment shall not be a charge on the retirement fund, but in no event shall said payment be less than that provided by the provisions of the Workmen's Compensation Insurance and Safety Act of 1917, and amendments thereto, heretofore or hereafter adopted. (Prior code § 2901.18.)

San José Municipal Code § 3.20.210 Service-connected disability retirement - Conditions.

3.20.210 - Service-connected disability retirement - Conditions. No order for retirement as hereinafter provided shall be made by the board of administration until the employee seeking the same shall have first made application to the Industrial Accident Commission of the state for the disability benefits provided by the Workmen's Compensation Act of the state. After an award with reference to said disability has been made by the commission, the employee shall then be entitled to such additional benefits as are provided in this chapter, so that he may be ordered retired and thereafter paid during his lifetime his yearly allowance equal to one-half the amount of the average annual salary attached to the position held by him during five years prior to the date of such retirement. (Prior code § 2901.19.)

San José Municipal Code § 3.20.220 Evidence of disability.

3.20.220 - Evidence of disability. No person shall be retired for service-connected and nonservice-connected disability under this chapter, or receive any allowance therefor, unless there shall be filed with the board of administration certificates of disability subscribed and sworn to by three regularly licensed practicing physicians in the state, one to be selected by the petitioner, whose certificate of disability shall be attached to the petition, one of whom shall be the health officer, and one of whom shall be selected by the board of administration. The board may require other and additional evidence of disability before ordering such retirement, but only on satisfactory evidence of disability and of the right to be retired, as provided herein, shall said board of administration retire such person. (Prior code § 2901.32.)

San José Municipal Code § 3.20.230 Service-connected disability retirement - Computation.

3.20.230 - Service-connected disability retirement - Computation. A. It is the intention of this chapter, as more fully set forth in Section 3.20.510 hereof, that the retirement allowance payable hereunder shall not be additional to any compensation allowed pursuant to the Workmen's Compensation Act of the state, so that disability payments made pursuant to said Act shall be included in computing the retirement allowance herein provided for, and said payments shall not be a charge against the retirement fund. B. In accordance with the provisions of Sections 3.20.250 and 320.270, the retirement allowance herein provided for may, upon determination of fitness to return to duty, be terminated. (Prior code § 2901.20.)

San José Municipal Code § 3.20.240 Safeguards on disability retirement.

3.20.240 - Safeguards on disability retirement. Except as otherwise provided in Sections 3.20.250 and 3.20.270, any person retired for either a service-connected or nonservice-connected disability may be required at any time, after ten days' notice, to submit himself for examination as to fitness for duty. The examining board shall consist of the city health officer, a physician selected by the board of administration, and a physician selected by the person seeking retirement. All of said physicians shall be licensed and practicing physicians in the state. The decision of the examining board as to fitness for duty shall be binding upon the board of administration and upon such person. Nothing herein contained shall prevent a new request by the board of administration to the examining board to determine fitness for duty, after the lapse of ninety days from the filing of the decision of the examining board. (Prior code § 2901.30.)

San José Municipal Code § 3.20.250 Restoration to service - Disability considered permanent when.

3.20.250 - Restoration to service - Disability considered permanent when. No member shall be ordered restored to active service until a hearing is held by the board of administration for said purpose, with ten days' notice of time and place of said hearing being given to the member in advance thereof; and provided further, that the board of administration shall not have the power to order any member restored to active service who has been absent from his duties by reason of disabilities for a continuous period of two years. Two years' continuous temporary disability shall thereafter be mandatory permanent disability. (Prior code § 2901.29.)

San José Municipal Code § 3.20.260 Extent of disability - Board authority.

3.20.260 - Extent of disability - Board authority. The decision of the board with reference to the nature and extent of the disability shall be final and conclusive. (Prior code § 2901.33.)

San José Municipal Code § 3.20.270 Disability allowance cessation.

3.20.270 - Disability allowance cessation. Any allowance granted to any such employee for disability shall cease when the disability ceases, and such person shall, subject to the then existing rules and provisions of the Charter governing the employment of city employees, be restored to active service in the position in which he was serving at the time of his disability; the time he is not in active service, while receiving a retirement allowance under this chapter, shall be computed in calculating his aggregate service for all purposes under the provisions hereof. (Prior code § 2901.28.)

San José Municipal Code § 3.20.280 Military service credit - Authorized when.

3.20.280 - Military service credit - Authorized when. Any person granted a leave of absence pursuant to the terms of Section 27 of Ordinance 3100, adopted October 1, 1945, who was a member of the federated retirement system, shall be deemed, for the purposes of this chapter, to have spent such time in the employ of the city, and credit shall be allowed under the retirement system for such time, and in the same manner as though such person had not been absent on military leave. Any person desirous of such credit must elect to contribute to the retirement fund an amount equal to the amount he would have contributed had he not had such leave. Such election must be exercised within five years after the reentry into the employment of the city. Payments shall be made by an individual exercising the option hereunder in the manner and in the amounts to be fixed by the board of administration. The board shall for such purposes adopt such rules governing the manner and the amount of payments as to them shall seem just and equitable. (Prior code § 2901.11.)

San José Municipal Code § 3.20.290 Military service credit - Contributions.

3.20.290 - Military service credit - Contributions. If a member who affirmatively exercises the election provided in Section 3.20.280 shall default in any of the contributions to be paid into the retirement fund under said election, he shall not receive credit for full-time service in the employ of the city during the period covered by said default. Provided, however, that in the event a member does not elect to make the contributions, as herein provided, such member shall not receive credit for full-time service with the city for the period of his absence, but such absence shall not break the continuity of service required of such member to entitle him to a retirement allowance, provided his years of service in the employ of the city in the aggregate would entitle him to a retirement allowance. (Prior code § 2901.12.)

San José Municipal Code § 3.20.300 Military service credit - Basis for retirement payments.

3.20.300 - Military service credit - Basis for retirement payments. The retirement payments shall be based upon the amounts he would have contributed had he not had such leave. (Prior code § 2901.13.)

San José Municipal Code § 3.20.310 Military service credit - Contributions by city.

3.20.310 - Military service credit - Contributions by city. The city shall contribute to the retirement system on account of any member who exercises affirmatively the election provided in Section 3.16.280 in the same manner and in the same amounts as if said member had not been absent in such service. (Prior code § 2901.14.)

San José Municipal Code § 3.20.320 Military service credit - Right to make election until May 1, 1962 to obtain credit for prior service.

3.20.320 - Military service credit - Right to make election until May 1, 1962 to obtain credit for prior service. A. Notwithstanding the provisions of Sections 3.20.280, 3.20.290 and 3.20.300, any person who is an employee of the city and is a member of the retirement system established by Chapter 3.24 of this Code, who was entitled under Section 3.20.280 to obtain credit for service while on military leave, but for any reason failed to do so, shall be entitled to obtain credit for service for such military leave if, prior to May 1, 1962, such person shall deposit with the retirement board the amount of money he would have contributed to the retirement fund had he not been absent on such leave, together with an amount of money equal to the total amount of interest which would have been credited to such person's contributions had said contributions been on deposit in said retirement fund for the period commencing January 1, 1951, and ending with the date of such person making said deposit. B. In lieu of the contribution required of the city by Section 3.20.310, the city shall pay the retirement fund an amount equal to that contributed by persons obtaining credit for service while on military leave pursuant to the provisions of this section, said payment to be made by the city no later than sixty days after payment by such persons. (Prior code § 2901.14a.)

San José Municipal Code § 3.20.330 Contributions - Schedule of percentages.

3.20.330 - Contributions - Schedule of percentages. For the purpose of establishing and maintaining the retirement fund on a reserve basis, the city council shall make provision in its budget each fiscal year, beginning with the fiscal year 1941-42, and continuing throughout the future, for the payment by the city auditor monthly into said fund of an amount equal to the monthly contribution of all such employees, as the city's contribution; and the city auditor shall deduct from the monthly salary of each member of the system from and after the effective date of Ordinance 2774 the rates of monthly salary deductions or contributions of members of the retirement system expressed as percentage of salary to be paid into the retirement fund, according to age and sex at the time of entry into the retirement system, shall be fixed according to the percentages now levied by the state in its State Employees' Retirement System, for each officer or employee member as follows: Age at Entry into System | Male | Female 21 | 3.17 | 3.46 22 | 3.20 | 3.51 23 | 3.23 | 3.56 24 | 3.26 | 3.60 25 | 3.30 | 3.66 26 | 3.34 | 3.72 27 | 3.38 | 3.78 28 | 3.43 | 3.84 29 | 3.48 | 3.91 30 | 3.53 | 3.98 31 | 3.58 | 4.05 32 | 3.63 | 4.12 33 | 3.69 | 4.20 34 | 3.75 | 4.28 35 | 3.81 | 4.36 36 | 3.87 | 4.44 37 | 3.94 | 4.52 38 | 4.01 | 4.60 39 | 4.08 | 4.68 40 | 4.15 | 4.77 41 | 4.23 | 4.86 42 | 4.31 | 4.95 43 | 4.39 | 5.04 44 | 4.47 | 5.13 45 | 4.55 | 5.22 46 | 4.63 | 5.32 47 | 4.71 | 5.42 48 | 4.80 | 5.52 49 | 4.89 | 5.62 50 | 4.98 | 5.72 51 | 5.07 | 5.82 52 | 5.16 | 5.93 53 | 5.25 | 6.04 54 | 5.35 | 6.15 55 | 5.45 | 6.26 56 | 5.55 | 6.37 57 | 5.65 | 6.48 58 | 5.75 | 6.59 59 | 5.85 | 6.71 60 | 5.95 | 6.83 61 | 6.05 | 6.95 62 | 6.16 | 7.07 63 | 6.27 | 7.19 64 and over | 6.38 | 7.31 (Prior code § 2901.38.)

San José Municipal Code § 3.20.340 Contributions - Actuarial investigation - Tables and rate revisions.

3.20.340 - Contributions - Actuarial investigation - Tables and rate revisions. The rate of contribution established for age sixty-four shall be the rate for any member who has attained a greater age at entrance into the retirement system. At the end of the five-year period beginning with the effective date of Ordinance 2774, and at the end of every five-year period thereafter, the board shall cause to be made an actuarial investigation into the mortality, service and compensation experiences of the members and beneficiaries as defined by Ordinance 2774, and shall further cause an actuarial valuation of the assets and liability of the retirement system, and upon the basis of such investigation and valuation shall: A. Adopt for the retirement system such mortality, annuity, service and other tables as may be deemed necessary; B. Revise or change the rates of contributions by members on the basis of such mortality, annuity, service and other tables. (Prior code §§ 2901.39, 2901.40, 2901.41.)

San José Municipal Code § 3.20.350 Contributions - Disposition for period ending December 1, 1951.

3.20.350 - Contributions - Disposition for period ending December 1, 1951. It is further provided that for the period ending December 1, 1951, said contributions by the city and by such employees shall remain intact in said fund or be invested for the benefit of the fund during said period, as hereinafter provided. (Prior code § 2901.42.)

San José Municipal Code § 3.20.360 Contributions - Computation.

3.20.360 - Contributions - Computation. In computing employee members' monthly contributions, the rate of contribution shall be applied by the city auditor only to so much of the earnable compensation as does not exceed two hundred fifty dollars per month. (Prior code § 2901.43.)

San José Municipal Code § 3.20.370 Contributions - Consent to deduction from salary.

3.20.370 - Contributions - Consent to deduction from salary. Every employee of the city who becomes a member of this retirement system created by this chapter shall be deemed to consent and agree to the deductions from salary or compensation as provided herein, and payments less such deductions shall be a full and complete discharge and acquittance of all claims and demands whatsoever for all services rendered by such employee during the period covered by such payment, except the right to the benefits to which he shall be entitled under the provisions hereof. (Prior code § 2901.44.)

San José Municipal Code § 3.20.380 Contributions - Continuation.

3.20.380 - Contributions - Continuation. The said deductions from salary or compensation shall continue until membership ceases or until the member retires on a retirement allowance. (Prior code § 2901.45.)

San José Municipal Code § 3.20.390 Gifts or donations to fund.

3.20.390 - Gifts or donations to fund. There shall also be paid into said fund all gifts or donations to the fund from any source. (Prior code § 2901.46.)

San José Municipal Code § 3.20.400 Purchase of additional annuity - Permitted when.

3.20.400 - Purchase of additional annuity - Permitted when. The board of administration shall have the power to allow any member to pay into the retirement funds additional sums over and above said member's regular payments for the purpose of providing a larger annuity for said member on retirement, but nothing herein contained shall be construed to permit such member by said additional payments to shorten his time of service as required for retirement under this chapter. (Prior code § 2901.25.)

San José Municipal Code § 3.20.410 Built-up payments - Permitted when.

3.20.410 - Built-up payments - Permitted when. Any employee eligible to the benefits of this retirement plan shall have the right to apply to the board of administration for permission to pay into the retirement fund additional sums over and above his age requirement payments for the purpose of permitting said employee to provide for his own retirement at the full service retirement allowance without the full thirty years' service requirement, and the board of retirement shall have the power to allow said built-up payments. The limitations of a top salary of one hundred and twenty-five dollars monthly shall not apply to excess benefits purchased by additional contributions made by the member under the provisions of Sections 3.04.250, 3.04.270 and 3.04.400 through 3.04.420. (Prior code § 2901.26.)

San José Municipal Code § 3.20.420 Built-up payments - No increased city contribution.

3.20.420 - Built-up payments - No increased city contribution. The contribution of the city to the retirement fund shall not be increased by reason of any built-up or accelerated voluntary payments made by any employee. (Prior code § 2901.27.)

San José Municipal Code § 3.20.430 Funds - Disposition - City treasurer duties.

3.20.430 - Funds - Disposition - City treasurer duties. All moneys for the fund shall be paid into the city treasury and kept by the treasurer in banks legal for savings, in accordance with the laws of the state and the Charter of the city. Said fund shall be kept inviolate and no portion thereof shall ever be transferred to any other fund or used for any other purposes than those specified herein. Reserves in said fund not needed in any fiscal year for current payments of retirement allowances ordered by the board, the board may, as directed by resolution of the board of administration, invest for the benefit of said fund as other public funds may be invested, in accordance with the laws of the state and the Charter of the city. (Prior code § 2901.49.)

San José Municipal Code § 3.20.440 Payments from fund - Before December 1, 1951.

3.20.440 - Payments from fund - Before December 1, 1951. For the purpose of meeting all current demands during the period ending December 1, 1951, for the payment of retirement allowances ordered by the board of administration and the necessary expenses of the board, the city council shall make further special provision in its budget each fiscal year during said period ending December 1, 1951, for payment by the city auditor into said fund, as required, such amounts as shall be sufficient to meet all said current running demands. (Prior code § 2901.47.)

San José Municipal Code § 3.20.450 Operating expenses.

3.20.450 - Operating expenses. Any necessary operating expenses of the system shall be charged against the city until December 1, 1951. (Prior code § 2901.55.)

San José Municipal Code § 3.20.460 Payments from fund - After December 1, 1951.

3.20.460 - Payments from fund - After December 1, 1951. After the completion of the period ending December 1, 1951, the city council shall not further make the special provision in its annual budgets, as prescribed in the Section 3.20.440, to bear solely the cost of retirement payments ordered by the board, but the same shall thereafter be paid out of said fund as herein otherwise provided to be established and maintained; provided, that after the completion of the period ending December 1, 1951, whenever the fund shall be insufficient to meet said costs, the board of administration shall have the power to make demands upon the city council, and equally upon all such employees, for additional payments into the fund of amounts sufficient to meet the same, and the city council shall accordingly make provision in its budget each fiscal year for its half of the amount of such demands, which shall be paid into said fund by the city auditor. The city auditor shall deduct and pay into the fund from the salary of each of such employees his pro rata part of the other half of the amount of such demands, but in no event shall said demands for additional payments to be made by the city and equally in the aggregate by such employees exceed ten percent of the total annual payroll of such employees. (Prior code § 2901.48.)

San José Municipal Code § 3.20.470 Retirement petition.

3.20.470 - Retirement petition. Any employee who desires to be retired from his position shall file with the board of administration a verified petition, which shall contain the name and age of the petitioner, the position held by him on the date of filing the petition, the salary of such position, the position held and the salary received by said petitioner during the five years prior to the date of filing said petition, the date of entry into the service, and the aggregate service of said petitioner. If such petition is based upon a disability, it shall also set forth the nature and extent thereof, whether service-connected, nonservice-connected, or both, and when and how received. Such petition may be filed by the legally appointed guardian of any person entitled to a retirement allowance hereunder. Upon filing of such petition, the board of administration shall fix a date within thirty days from the date of filing for the hearing thereof, and shall notify the petitioner of the date of such hearing. (Prior code § 2901.31.)

San José Municipal Code § 3.20.480 Retirement allowance - Reports required - Termination conditions.

3.20.480 - Retirement allowance - Reports required - Termination conditions. Whenever any person who shall receive any retirement allowance hereunder shall fail to report himself as herein requested, or shall wilfully disobey the requirements and orders of the board of administration, or shall be convicted of a felony, become dissipated, or become a nonresident of this state except by permission of the board, then the board may, after notice to the person receiving retirement allowance, order that the retirement payments to him shall immediately cease and terminate, and the board, in its discretion, may order the retirement allowance terminated, except that the provision with respect to becoming a nonresident of the state shall apply to disability retirements and not to earned retirement after full service. The mailing of said notice by registered mail to the last known address of said person, as shown on the books of said board, shall constitute service of the notice herein required to be given. (Prior code § 2901.34.)

San José Municipal Code § 3.20.490 Retirement allowance - Method of payment.

3.20.490 - Retirement allowance - Method of payment. The retirement allowance provided for in this chapter shall he payable in equal monthly installments from the date of retirement during the life of the retired employee, unless such allowance shall be terminated by the board of administration as provided in Section 3.20.480. (Prior code § 2901.16.)

San José Municipal Code § 3.20.500 Benefits exempt from attachment.

3.20.500 - Benefits exempt from attachment. The right of a person to a pension, an annuity or a retirement allowance, to the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit, or any other right or benefit accrued or accruing to any person under the provisions of this chapter, and the moneys in the fund created herein, shall not be subject to execution, garnishment, attachment or any other process whatsoever, and shall be unassignable except as specifically provided in this chapter. (Prior code § 2901.17.)

San José Municipal Code § 3.20.510 Workmen's compensation.

3.20.510 - Workmen's compensation. The retirement allowances payable under this chapter shall not be additional to any compensation allowed pursuant to the Workmen's Compensation Insurance and Safety Act of 1917 of the state, and amendments thereto, heretofore or hereafter adopted. In each instance where a person is granted a retirement allowance hereunder, and who is receiving compensation under and pursuant to the provisions of said Act, there shall be paid from said retirement fund an amount which, when added to the compensation allowed under the Act, will equal the total monthly allowance herein provided for. In cases where the compensation allowed under the Act is greater than the retirement allowance, no payments shall be made from the retirement fund as long as compensation in excess of the retirement allowance herein provided is paid pursuant to said Act. (Prior code § 2901.50.)

San José Municipal Code § 3.20.520 Contributions - Disposition on separation from or reentry to service.

3.20.520 - Contributions - Disposition on separation from or reentry to service. If any employee becomes separated from the service, either voluntarily or involuntarily, then and in that event all moneys paid into the fund by such employee shall be returned to him; and in the event that he shall thereafter reenter the service as such employee in any capacity he shall repay into much fund, upon such reentry, an amount equal to the sum returned to him at the time of his separation from the service, and he shall not be entitled to any benefits hereunder until said amount has been repaid into said fund. (Prior code § 2901.51.)

San José Municipal Code § 3.20.530 Contributions - Returned to estate when.

3.20.530 - Contributions - Returned to estate when. If any such employee shall die under circumstances not covered by this chapter, then and in that event all moneys, including interest earned not exceeding two percent, paid into said fund by such employee shall be returned to his estate. (Prior code § 2901.52.)

San José Municipal Code § 3.20.540 Contributions - Difference to widow when.

3.20.540 - Contributions - Difference to widow when. In the event of the death of a member drawing retirement compensation, if at the time of the death of said member he has received less than twelve monthly retirement payments, then the difference between the number of payments said member received up to the time of his death and twelve payments shall be paid in monthly payments into said member's estate or to his widow. For example, if a member dies after he has retired and has received three monthly retirement payments at the time of his death, there shall be paid to his estate, or to his widow, nine additional monthly payments. (Prior code § 2901.53.)

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_CH3.20FEEMRESYFetched: 11/1/2026