Section 400 of the Sacramento City Charter, as adopted by the voters on June 6, 1989, provides that the city council may enact by ordinance provisions to resolve questions relating to certain categories of persons. This section implements Section 400 by adopting special regulations for determination of questions relating to those categories of persons. These regulations are not intended to be comprehensive or to create any permanent or vested right when one did not previously exist, and the city council reserves its right to change these regulations in any manner to accomplish the intent of Measure "M."
A. Former Sacramento City Employees Retirement System ("SCERS") Safety Members Who Have Left City Employment But Are Covered by Reciprocity Provisions or Agreements. Former SCERS safety members who have left city employment, but who have continuing rights under City Charter Section 395 and Article XVI of this chapter by virtue of a reciprocity agreement, shall continue to be covered by those provisions, and shall not be transferred to PERS by virtue of Measure "M." Such former safety members' rights shall be determined solely under City Charter Section 395 and Article XVI of this chapter. Use of the term "former SCERS safety member" in this section shall not be determinative of the question of whether persons covered by this section have retained SCERS membership.
B. Former SCERS Safety Members Who Have Left City Employment But Who Elected Deferred Retirement and Have Left Their Contributions in SCERS. Former SCERS safety members who have left city employment, but who have made the election specified in former (1989) Charter Sections 436, 437 and 438, or Sections 2.124.860, 2.124.870 and 2.124.880 of this chapter, or Section 2.124.470, or Section 2.124.340, or any other provision of this chapter which authorizes a deferred retirement election, shall continue to be covered by those respective provisions, and shall not be transferred to PERS by virtue of Measure "M." Such former safety members' rights shall be determined solely under those respective provisions.
C. Former SCERS Safety Members Who Left City Employment, Were Reemployed by the City Prior to the Effective Date of the New Contract, Again Became SCERS Safety Members, and Who Have Redeposit Rights Which as of the Effective Date of the New Contract Have Not Been Exercised so as to Receive Service Credit for the Break in Service. SCERS safety members who will be transferred to PERS pursuant to Measure "M," and who previously left city employment having withdrawn their SCERS contributions and have not redeposited those contributions but who retain such redeposit rights, and have not exercised such rights prior to the effective date of the new contract with PERS entered into pursuant to Measure "M" so as to receive service credit for the break in their city service, shall have their redeposit rights determined under the Public Employees Retirement Law.
D. Former SCERS Safety Members Who Left City Employment and are Reemployed After the Effective Date of the New Contract, and Who Did Not Elect Deferred Retirement or Leave Their Contributions in the System. Former SCERS safety members who left city employment and are reemployed after the effective date of the new contract entered into pursuant to Measure "M," and who did not elect deferred retirement or otherwise leave their contributions on deposit with SCERS, shall continue to have their rights, if any, determined solely under the City Charter and this chapter, and shall not be transferred to PERS by virtue of Measure "M."
E. Former SCERS Safety Members Who Retired for Disability and Who Returned to City Employment Pursuant to Former (1989) Charter Section 417 as a Miscellaneous Employee, But Who Elected to Retain Safety Membership. Former SCERS safety members who retired for disability and who returned to city employment pursuant to former (1989) Charter Section 417 as a miscellaneous employee, but who elected to retain their SCERS safety membership, shall continue to have their rights determined solely under the City Charter and this chapter, and shall not be transferred to PERS by virtue of Measure "M." (Prior code § 34.06.644)