SEC. 16.15. USE OF PARTIAL VACATION TO SUPPLEMENT DISABILITY LEAVE.

   An employee who is absent from duty because of temporary disability may use his or her vacation allowance to supplement disability benefits; provided, that when the vacation allowance payment is added to the disability benefits payable under the Workers' Compensation or State Disability Insurance Laws, the employee's bi-weekly payment will not exceed the normal salary of the employee for the regular work schedule effective at the commencement of the disability. An employee desiring to use his or her vacation allowance to supplement State Disability Insurance benefits shall, within seven calendar days following the first day of absence, and on a form provided by the Civil Service Commission, so inform his or her appointing officer or designated representative. Notwithstanding the foregoing, an employee receiving temporary workers' compensation disability benefits may accrue vacation hours in excess of the maximum accrual permitted pursuant to Section 16.12(e). Upon the cessation of the employee's receipt of temporary disability benefits the employee shall receive a cash payment for any vacation hours accrued in excess of the number the employee was permitted to accrue pursuant to Section 16.12(e).

(Amended by Ord. 182-85, App. 4/12/85)

SEC. 16.16. VACATION CHARGES BETWEEN DEPARTMENTS.

   The Controller shall establish procedures for the method of payment of salaries to employees entitled to vacation from service in two or more departments of the City and County.

(Added by Ord. 316-81, App. 6/19/81)

SEC. 16.17. PAID ADMINISTRATIVE LEAVE.

   (a)   Appointing Officers, as defined in Administrative Code Section 2A.30, in the City and County of San Francisco are authorized, but not required, to place any City employee in their department on paid administrative leave under the following circumstances:

      (1)   When the City has initiated an investigation relating to an employee's conduct, and the Appointing Officer determines that the employee should be placed on leave during some or all of the investigation in order to protect the legitimate interests of the City, including but not limited to, potential interference with the effectiveness of the investigation, or potential harm to employees, to the public interest or to the operation of the City, for a period of time beginning not earlier than the start of the investigation and ending not later than the date the investigation is completed, subject to a maximum of thirty (30) calendar days;

      (2)   When the City requires an employee to submit to drug and/or alcohol testing pursuant to the terms of a City or departmental policy, a Memorandum of Understanding between the City and a recognized employee organization, or local, state or federal law, for the period of time between the date the City directs the employee to submit to such testing until the employee refuses such testing or the testing is completed and the City is advised of the results of the testing, subject to a maximum of thirty (30) calendar days;

      (3)   When the City medically removes an employee pursuant to standards set forth by the California Occupational Safety and Health Administration in Title 8 of the California Code of Regulations;

      (4)   When the City requires an employee to undergo a fitness for duty examination pursuant to Civil Service Rules 116, 216, 316, 416, or any similar successor rules, for up to the period of time from the date the City directs the employee to undergo a fitness for duty examination until: (i) the date the examination is completed and the City is notified by the examining physician whether the employee is fit for duty; or (ii) the date the employee refuses examination. Paid administrative leave under this subsection is subject to a maximum of thirty (30) calendar days. In the event that the examining physician does not notify the City that the employee is fit for duty on the day of the examination, the Appointing Officer shall place the employee on compulsory sick leave pursuant to the Civil Service Rules starting on the business day following the examination. Should the examining physician thereafter declare the employee fit for duty, the City shall restore any sick leave deducted between the date of the examination and the date the City is so notified or, in the event the employee has no accrued sick leave, any lost compensation for the same period.

   (b)   While an employee is on paid administrative leave the employee shall receive the compensation he or she would have earned if the employee had worked during the same period, without the inclusion of overtime earnings or special pay.

   (c)   The Appointing Officer shall have the discretion to remove an employee from paid administrative leave at any time during the period of paid administrative leave.

   (d)   Subject to the prior written approval of the Director of the Department of Human Resources, the Appointing Officer may extend paid administrative leave one (l) time consistent with this Section for no more than an additional thirty (30) calendar days. For Service Critical Employees employed by the Municipal Transportation Agency, the Director of the Municipal Transportation Agency may extend paid administrative leave one (1) time consistent with this Section for no more than an additional thirty (30) calendar days. Under no circumstances may an employee be on paid administrative leave for more than sixty (60) calendar days relating to the same incident.

   (e)   The City's ability to place employees on paid administrative leave under this section is in addition to, not in lieu of, its right to place employees on unpaid administrative leave under Charter Section A8.341, or any similar successor Charter Section. The City may elect to place an employee on paid or unpaid administrative leave as permitted under this Section or under Charter Section A8.341. Further, the City may place an employee on paid administrative leave either before or after the employee is placed on unpaid administrative leave.

   (f)   Nothing herein shall limit or prohibit compliance with the regulations of the California Occupational Safety and Health Administration in Title 8 of the California Code of Regulations.

(Added by Ord. 174-11, File No. 110622, App. 9/12/2011, Eff. 10/12/2011)

ARTICLE III:
[RESERVED]

ARTICLE IV: RETIREMENT

Sec. 16.29.	Definitions.
Sec. 16.29-1.	Definitions – Actuarial Equivalent.
Sec. 16.29-2.	Definitions – Annuity.
Sec. 16.29-3.	Definitions – Beneficiary.
Sec. 16.29-4.	Definitions – Board.
Sec. 16.29-5.	Definitions – City.
Sec. 16.29-6.	Definitions – City and County Service.
Sec. 16.29-7.	Definitions – Types of Compensation.
Sec. 16.29-7.1.	Definitions – Compensation as Distinguished from Benefits.
Sec. 16.29-7.2.	Definitions – Compensation Earnable by a Member.
Sec. 16.29-7.3.	Definitions – Final Compensation.
Sec. 16.29-7.4.	Definitions – Compensation Paid in Lieu of Vacation Excluded.
Sec. 16.29-7.5.	Adoption of Internal Revenue Code Section 401(a)(17) Limitations.
Sec. 16.29-7.6.	Definitions – Compensation Paid to Offset Federal Taxation of Health Insurance Premiums Excluded.
Sec. 16.29-8.	Definitions – Continuous Service.
Sec. 16.29-9.	Definitions – Types of Contributions.
Sec. 16.29-9.1.	Definitions – Accumulated Additional Contributions.
Sec. 16.29-9.2.	Definitions – Accumulated Contributions.
Sec. 16.29-9.3.	Definitions – Accumulated Normal Contributions.
Sec. 16.29-9.4.	Definitions – Additional Contributions.
Sec. 16.29-9.5.	Definitions – Normal Contributions.
Sec. 16.29-9.6.	Definitions – Prior Contributions.
Sec. 16.29-9.7.	Definitions – Accumulated Prior Contributions.
Sec. 16.29-9.8.	Definitions – Retroactive Contributions.
Sec. 16.29-9.9.	Definitions – Accumulated Retroactive Contributions.
Sec. 16.29-10.	Definitions – Death Allowance.
Sec. 16.29-11.	Definitions – Employee.
Sec. 16.29-12.	Definitions – Member.
Sec. 16.29-13.	Definitions – Member or Police Department or Member of Fire Department.
Sec. 16.29-14.	Definitions – Pension.
Sec. 16.29-15.1.	Definitions – Teachers.
Sec. 16.29-15.2.	Definitions – Members of Police or Fire Departments.
Sec. 16.29-15.10.	Definitions – Employees of the Health Service System Prior to December 1, 1940.
Sec. 16.29-15.11.	Definitions – Excluded Because of Employment in Temporary Position.
Sec. 16.29-15.12.	Definitions – Prior Service in a Part-Time Position.
Sec. 16.29-16.	Definitions – Regular Interest.
Sec. 16.29-17.	Definitions – Retirement Allowance.
Sec. 16.29-20.	Definitions – School Department.
Sec. 16.29-21.	Definitions – Teacher.
Sec. 16.29-22.	Definitions – Charter.
Sec. 16.29-23.	Definitions – Gender and Number.
Sec. 16.30-1.	Meaning of "Average Final Compensation."
Sec. 16.32.	Benefits Not Subject to Garnishment, Etc., and Are Nonassignable.
Sec. 16.33.	Compensation for Witnesses Appearing Before Board.
Sec. 16.34.	Time to Apply for Benefits After Death of Member.
Sec. 16.37-1.	Interest Rates.
Sec. 16.37-2.	Actuarial Valuation.
Sec. 16.37-3.	Records as to Accumulated Contributions.
Sec. 16.37-4.	Determination of Service Credit.
Sec. 16.37-4.1.	Determination of Service Credit for Certain Employees of the San Francisco Unified School District.
Sec. 16.37-5.	Prior Service Credit.
Sec. 16.37-6.	Calculation of Service Credit.
Sec. 16.37-7.	Calculation of Service Credit Based on Part-time Services.
Sec. 16.37-8.	Excess Retirement Benefits.
Sec. 16.37-9.	Power to Issue Subpoenas.
Sec. 16.38.	Estimates by Board of Length of Service, Etc.
Sec. 16.41.	Controller's Annual Audit.
Sec. 16.42.	Persons Included in the System.
Sec. 16.43-1.	Prior Service Credit; Employees on Hetch Hetchy Project.
Sec. 16.44.	Department Head to Notify of Change of Status of Members.
Sec. 16.45.	Duties Generally of Members and Beneficiaries.
Sec. 16.46.	When Membership Ceases.
Sec. 16.47.	Withdrawals and Redeposits.
Sec. 16.48.	Payments after Re-Entry into System.
Sec. 16.49.	Benefits to Members Under Prior Systems Continued.
Sec. 16.52.	Effect of Change of Police or Fire Department Member to Another Department.
Sec. 16.54.	Deduction of Members' Contributions; Acceptance of Cash Payments.
Sec. 16.55.	Additional Contributions.
Sec. 16.55-1.	Definition of "Public Service."
Sec. 16.55-2.	Election to Contribute and Receive Credit for Public Service.
Sec. 16.55-3.	Contributions for Public Service Credit.
Sec. 16.55-4.	Credit in Retirement System for Public Service.
Sec. 16.55-5.	Rules and Regulations.
Sec. 16.55-6.	Reciprocal Benefits.
Sec. 16.55-7.	Internal Reciprocity of Pension Benefits Within the Retirement System.
Sec. 16.56.	Withdrawal of Accumulated Additional Contributions Made Pursuant to Section 16.55-5.
Sec. 16.61-1.	Implementation of Internal Revenue Code Section 414(h)(2).
Sec. 16.61-2.	Adoption of Internal Revenue Code Section 415 Limitations.
Sec. 16.61-3.	Adoption of Internal Revenue Code Section 401 Limitations.
Sec. 16.61-4.	Pre-Tax Treatment of Buy Backs.
Sec. 16.61-5.	Acceptance of Rollovers and Transfers.
Sec. 16.62.	Establishment of a Supplemental Tax Deferred Plan.
Sec. 16.62-1.	Purpose.
Sec. 16.62-2.	Administration by Retirement Board.
Sec. 16.62-3.	Administrative Costs.
Sec. 16.63.	Duration of Deferred Retirement Option Program.
Sec. 16.63-1.	DROP Eligibility.
Sec. 16.63-2.	DROP Accounts.
Sec. 16.63-3.	Required Contributions.
Sec. 16.63-4.	Benefits on Completion of the DROP.
Sec. 16.63-5.	Disability Retirement Allowance Granted During DROP Participation.
Sec. 16.63-6.	Death During DROP Participation.
Sec. 16.63-7.	Conditions of Continued DROP Participation.
Sec. 16.63-8.	Compliance With Applicable Provisions of the Internal Revenue Code.
Sec. 16.63-9.	Authority of the Retirement Board.
Sec. 16.63-10.	Severability.
Sec. 16.67.	Payments into Fund Made Obligation of City; Appropriations to Cover Obligation.
Sec. 16.70-1.	Optional Allowances Upon Retirement.
Sec. 16.70-3.	Retirement after 3/31/66 under Paragraph (b) of Section 16.70-1.
Sec. 16.70-4.	Allowance Payable for Time Commencing 7/1/74.
Sec. 16.71.	Disability Retirement – Medical Grounds.
Sec. 16.72.	Firefighter and Police Officer Incapacitated with Cancer – When Presumed Contracted in the Course of Employment.
Sec. 16.72-1.	Sheriff Member Incapacitated with Cancer – When Presumed Contracted in the Course of Employment.
Sec. 16.74.	Disability Retirement – Medical Examinations; Re-Entry into Service; Engaging in Gainful Occupation after Retirement Period.
Sec. 16.75.	Optional Modifications of Allowances.
Sec. 16.75-1.	Optional Modification of Benefits for Former Spouse.
Sec. 16.76.	Method of Payment of Allowances.
Sec. 16.77.	Position in City Service Not Permitted after Retirement; Exceptions.
Sec. 16.79.	Beneficiaries.
Sec. 16.79-1.	Special Needs Trusts as Beneficiaries – Additional Requirements.
Sec. 16.80.	Death Benefits.
Sec. 16.80-1.	Death After Retirement – Persons Retired Prior to April 1, 1966.
Sec. 16.80-2.	Death After Retirement – Persons Retired Prior to April 1, 1966.
Sec. 16.80-3.	Death After Retirement – Persons Retired Prior to April 1, 1966, who Died Prior to Effective Date of Section 16.80-1.
Sec. 16.80-4.	Retirement Allowance Under Optional Payment Plan No. 2 or No. 3.
Sec. 16.80-5.	Death After Retirement – Allowances Payable Without Modification or Pursuant to Options 1 or 2.
Sec. 16.80-6.	Death After Retirement – Continuation to Surviving Spouse of Female Member.
Sec. 16.80-6.1.	Death After Retirement – Continuation to Husband of Retired Female Member who Died Prior to Effective Date of Section 16.80-6.
Sec. 16.80-7.	Retirement Allowance of Female with Surviving Spouse.
Sec. 16.80-8.	Death Benefits – Determining Qualification for Surviving Spouse Status.
Sec. 16.81.	Benefits Under Public Employees' Retirement System.
Sec. 16.82.	Administration of Benefits Under Workers' Compensation Act.
Sec. 16.84.	Effect of Compensation Benefits on Other Benefits Under Article.
Sec. 16.85.	Police Officers and Firefighters Incapacitated with Heart Trouble or Pneumonia – When Presumed Contracted in Course of Employment.
Sec. 16.86-1.	Sheriff Member Incapacitated with Heart Trouble or Pneumonia – When Presumed Contracted in Course of Employment.
Sec. 16.87.	Waiver of Pensions – Signing and Filing; Effective Date; Waiver Forms.
Sec. 16.88-1.	Conditions under Section 210(L) of Federal Social Security Act.
Sec. 16.88-2.	Member's Option.
Sec. 16.88-3.	Member Covered Under Federal Social Security.
Sec. 16.88-4.	Member's Right to Reduce Contributions.
Sec. 16.88-5.	Allowance Reduced.
Sec. 16.88-6.	Effective Date of Coverage Under Social Security Retroactive.
Sec. 16.88-7.	Retirement before Minimum Age Under Social Security.
Sec. 16.89-3.	Purpose.
Sec. 16.89-4.	Persons Affected.
Sec. 16.89-5.	Election by Person Who "Vested."
Sec. 16.89-6.	Health Service System Coverage.
Sec. 16.89-7.	Death Benefit.
Sec. 16.89-8.	Health Service System Coverage – Post 6/30/72 Teachers.
Sec. 16.89-9.	Election for Refund – Benefits for Credited Service.
Sec. 16.89-10.	Funds to be Deposited with State Teachers' Retirement System.
Sec. 16.89-11.	Service Credit – Post 6/30/72 Teachers.
Sec. 16.89-12.	Permanent Fund Benefit.
Sec. 16.89-13.	Authority of General Manager.
Sec. 16.89-14.	Redeposit.

 

SEC. 16.29. DEFINITIONS.

   The words and phrases as used in this Article and for the purposes of this Article, unless a different meaning is plainly required by context, shall have the meaning respectively ascribed to them in Sections 16.29-1 through 16.29-23.

(Amended by Ord. 299-64, App. 11/9/64)

SEC. 16.29-1. DEFINITIONS – ACTUARIAL EQUIVALENT.

   Actuarial equivalent shall mean a benefit of equal value when computed upon the basis of such mortality tables as shall be adopted by the retirement board, and regular interest.

(Added by Ord. 299-64, App. 11/9/64)

SEC. 16.29-2. DEFINITIONS – ANNUNITY.

   Annuity shall mean equal monthly payments for life derived from contributions made by a member.

(Added by Ord. 299-64, App. 11/9/64)