2.124.2450 Reciprocal provisions.
All provisions of the city retirement system as set forth in this chapter and Article XVII of the City Charter are amended to the extent necessary to provide the following obligations, rights and benefits with respect to members who become members of PERS or are members of PERS and become members of the city retirement system, provided that the termination of and entry into employment resulting in such membership change occur within a period of ninety (90) days or within six months of such entry into employment occurs on or after January 1, 1976.
A. A member whose movement between systems occurs as herein specified shall have the right to elect to leave his or her accumulated contributions on deposit irrespective of the amount of such contributions or the length of service credited to him or her, such election to be irrevocable while membership in PERS continues.
B. Age of entry for a person entering the city retirement system for purposes of fixing member contribution rates in the city retirement system shall be his or her age at entry into PERS membership.
C. The average monthly salary during any period of service as a member of PERS shall be considered compensation earnable by a member of this system for purposes of computing final compensation for such member provided he or she retires concurrently under both the city retirement system and PERS and is credited with such period of service under PERS at the time of retirement.
D. Service, solely for purposes of meeting minimum service qualifications for benefits and retirement allowances under the city retirement system, shall also include service rendered as an officer or employee of PERS if the salary for such service constitutes compensation earnable by a member of the city retirement system.
E. A member shall be retired for disability and receive a retirement allowance based on the service credited to him or her at the time of retirement during any period in which he or she received a disability retirement allowance under PERS; provided, that such allowance shall not exceed an amount which when added to the allowance paid under PERS equals the allowance which would be paid for a nonindustrial disability if all the member's service had been credited under PERS; and provided, further, that such allowance shall in no event be less than an annuity which is the actuarial equivalent of the member's contributions, whether or not the disability is for industrial reasons.
F. The death benefit for a member who dies from nonindustrial causes as a member of PERS shall not exceed an amount which when added to the death benefit paid for such member under PERS equals the maximum death benefit payable under that system; provided, however, that such death benefit shall be at least the amount of the accumulated contributions; and provided further, that if death is caused by industrial injury or disease while a member of PERS the death benefit payable by this system shall be the amount of the member's accumulated contributions.
G. The retirement system manager shall on the request of PERS supply information and data necessary for administration of such system as it is affected by membership in and service credited under this system.
H. Interpretation of these provisions shall be made with reference to interpretations that have been made relative to the Public Employees' Retirement System 1937 Act County Employee's Retirement reciprocal provisions upon which they are based.
I. The provisions of this article shall apply only to a member whose termination and entry into employment resulting in a change in membership from the city retirement system to such other system or from such other system to the city retirement system occurred after such acceptance by the board of administration of PERS or after the effective date specified in the agreement; provided, however, that provisions relating to computation of final compensation shall apply to any other member is such provisions would have applied had the termination and entry into employment occurred after such acceptance or determination by said board of administration.
J. All rights under the city retirement system are subject to modification as may be necessary to conform to amendments to the Public Employees' Retirement Law or the County Employees' Retirement Law of 1937 as provided in Section 20042, Government Code.
K. As used herein, the references to PERS membership shall be construed to include membership in any retirement system which has reciprocity with the city retirement system through agreement with PERS. (Prior code § 34.16.1601)
