Service under police or fire department plan where functions and duties of former police or fire department position are transferred to federated city service.
San José Municipal Code § 3.28.650
in effect3.28.650 - Service under police or fire department plan where functions and duties of former police or fire department position are transferred to federated city service.
Subject to the following conditions, restrictions, limitations and other provisions, a member of this system, who becomes such on or after July 1, 1975, pursuant to the provisions of Section 3.28.450 or 3.28.455 and who, immediately prior to becoming a member, including a tier 2 member, of this system, was a member of the police and fire department plan established or administered by or pursuant to the provisions of Chapter 3.32 or Chapter 3.36 of the San José Municipal 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 in said police and fire department plan was last terminated, if, and only if all of the following conditions exist and are satisfied.
A. Such person must have been, immediately prior to becoming a member of this system, a member of the police and fire department plan established or administered by or pursuant to Chapter 3.32 or 3.36 of the San José Municipal Code; and
B. Such person must have held, immediately prior to becoming a member of this system, a city office or positions 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. The office or position held by such person in the police or fire department of the city immediately prior to his becoming a member of this system must have been abolished or discontinued, and the functions and duties thereof, or substantially the same functions and duties, transferred to the federated city service; and
D. Such person must have been transferred, at the time his office or position in the police or fire department was abolished or discontinued, to a new office or position in the federated city service, to perform substantially the same functions and duties as he performed in his former office or position; and
E. Such person's abovementioned transfer must have taken place without any break in service rendered by such person, and without such person being required by civil service regulations to take or pass any civil service examination for the office or position to which he was transferred; and
F. Such person's membership in the abovementioned police and fire department retirement plan must have ceased and terminated as of the time or immediately prior to his said transfer to an office or position, entitling him to membership in this system; and
G. Such person must not have received or requested a return of any contributions paid or made by him to said police and fire department retirement plan, and must not have elected to continue making contributions to the police and fire department retirement plan pursuant to the provisions of Section 3.32.010, 3.36.1620 or 3.36.1630, or any other provision of said plan; and
H. Such person must have filed with the retirement board on or before and no later than the thirtieth day immediately following the date as of which his position in the police or fire department is abolished or discontinued and he is transferred to an office or position entitling him to membership in this system, 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 where he consents to and authorizes the transfer and payment into the retirement fund established by this chapter, from the retirement fund established under the police and fire department retirement plan, of all moneys contributed by him to the police and fire department retirement fund, together with interest thereon; and
I. A copy of the statement specified in the immediately preceding Subsection H. 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 there shall have been transferred to the retirement fund established under this chapter, from the retirement find established under the last-mentioned police and fire department retirement fund, all moneys contributed by said person to the abovementioned police and fire department retirement plan, together with interest thereon, moneys being so transferred being thereafter deemed to be normal contributions, or prior service contributions where applicable, of said person to this retirement system for the service credited to him under this system.
(Prior code § 2904.1205; Ord. 29120.)
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_PT5FESE_3.28.650SEUNPOFIDEPLWHFUDUFOPOFIDEPOARTRFESEFetched: 11/1/2026