Loading...
(a) For purposes of this Section 16.72-1, the term "Sheriff Member" shall mean (1) any Sheriff who assumed office on and after January 7, 2012, and (2) any undersheriff or deputized personnel of the Sheriff's Department hired on and after January 7, 2012.
(b) Subject to the limitations of subsections (c) and (d), whenever any Sheriff Member becomes incapacitated for the performance of his or her duty by reason of cancer that develops or manifests itself while the Sheriff Member is in the service of the Sheriff's Department, the cancer shall be presumed to arise out of and in the course of his or her employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the Sheriff Member has demonstrated exposure as required by subsection (d)(1) below is not reasonably linked to the disabling cancer.
(c) The presumption in subsection (b) shall apply only to:
(1) A Sheriff Member who has served a total of five or more years in the Sheriff's Department. For purposes of determining whether the Sheriff Member has five or more years of service, time served in a deputized position in another sheriff department in the State of California shall be combined with service in the Sheriff's Department, provided that the Sheriff Member: (A) was entitled to the same cancer presumption in his or her prior employment; and (B) became a member of the Sheriff's Department within six months of separating from the prior sheriff department employment.
(2) Applications for industrial disability or death as a result of duty benefits under the San Francisco City and County Employees' Retirement System ("Retirement System").
(3) Applications for benefits in connection with cancer injuries or deaths filed on or after January 7, 2012, except that the presumption shall not apply to such an application if as of the effective date of this Section 16.72-1, the hearing officer assigned to hear the application under Charter Section 12.102 and Charter Section A8.518 either: (A) has rendered his or her initial decision on the application and the Sheriff Member did not request rehearing within the time specified under the Charter: or (B) has rendered an initial decision and the Sheriff Member timely requested rehearing under the Charter, and the hearing officer has issued a decision on rehearing.
(d) The presumption in subsection (b) shall apply only if:
(1) The Sheriff Member demonstrates exposure, while in the service of the Sheriff's Department, to a known carcinogen as defined by the International Agency for Research on Cancer; and
(2) There was no evidence of cancer identified in the physical examination of the Sheriff Member conducted as part of his or her initial hire in the Sheriff's Department.
(e) The Retirement System shall use the Sheriff Member's eligible prior safety service in another sheriff department in California under subsection (c)(1) to measure the date upon which the Sheriff Member would be qualified for service retirement.
(a) The Retirement Board may, at its pleasure, require any beneficiary who has been retired for disability and who has not attained the age of 62 years, to undergo a medical examination, such examination to be made by a physician or surgeon appointed by the Retirement Board, at the place of residence of the beneficiary or other place mutually agreed upon. Upon the basis of such examination, the Board shall determine whether the disability beneficiary is still incapacitated, physically or mentally, for service in the office or department of the City and County where he was employed and in the position held by him when retired for disability. If the Retirement Board shall determine that the beneficiary is not so incapacitated, his retirement allowance shall be cancelled forthwith, and he shall be reinstated to the position of the same class as that held by him when retired for disability.
(b) Should a beneficiary after retirement for disability re-enter the City and County service and be eligible for membership in the Retirement System, his retirement allowance shall be cancelled and he shall immediately become a member of the Retirement System. His individual account shall be credited with an amount which shall be the actuarial equivalent, at the time of such re-entry, based on a disabled life, of the annuity which would have been purchased by his accumulated contributions at the time he or she retired. Such amount shall not exceed the City and County accumulated contribution held for his benefit on account of service as a member, at the time of his retirement. Such member shall also receive credit for prior service in the same manner as it was at the time of his retirement.
(c) Should any retired person, except persons retired for service prior to January 8, 1932, and persons retired because of disability incurred in the performance of duty, engaged in a gainful occupation, prior to attaining age 62, the Retirement Board shall reduce the amount of his monthly pension as defined in this Article to an amount which, when added to the compensation earned monthly by him in such occupation, shall not exceed the amount of the compensation on the basis of which his retirement allowance was determined. Should the earning capacity of such beneficiary be further altered, the Board may further alter his pension to an amount which shall not exceed its amount when he was originally retired, but which, subject to such limitation, shall equal, when added to the compensation earned by him the amount of his compensation on the basis of which his retirement allowance was determined. When the beneficiary reaches age 62, his retirement allowance shall be made equal to the amount upon which he was originally retired, and shall not again be modified for any cause.
(d) Should any beneficiary retired for disability refuse, under age 62, to submit to a medical examination, his pension may be discontinued until his withdrawal of such refusal, and should such refusal continue for one year, his retirement allowance may be cancelled.
(Bill No. 1125, Ord. No. 4.073(C.S.), Sec. 56; amended by Ord. 326-00, File No. 001921, App. 12/28/2000)
Until the first payment on account of any retirement allowance is made, a member or a retired person, except persons who are members under Section 8.565 of the Charter, may elect to receive the actuarial equivalent of their retirement allowance payable throughout their life with the provision that:
Option 1. If the member dies before receiving in lesser annuity payments the amount of their accumulated contributions as it was at their retirement, the balance of such accumulated contributions shall be paid to the member’s estate or to such person, or Special Needs Trust, as the member shall nominate by written designation duly executed and filed with the Retirement Board at the time of their election; or
Option 2. Upon the member’s death, their lesser retirement allowance shall be continued throughout the life of and paid to such person, or Special Needs Trust, as the member shall nominate by written designation duly executed and filed with the Retirement Board at the time of their election; or
Option 3. Upon the member’s death, one-half of their lesser retirement allowance shall be continued throughout the life of and paid to such person, or Special Needs Trust, as the member shall nominate by written designation duly executed and filed with the Retirement Board at the time of their election.
Said election of option shall be made by signing and filing with the Retirement Board a notarized election of option on a form provided by the Retirement Board; provided, however, that if a retired person shall die before the first payment on account of their retirement allowance is made, such election of option shall be considered void and of no effect and the member’s death shall be considered as that of a member before retirement, unless:
(a) Such retired person has elected Option 2 or 3; or
(Amended by Ord. 296-83, App. 5/27/83; Ord. 259-22, File No. 221024, App. 12/22/2022, Eff. 1/22/2023)
(a) If a domestic relations order requires a distribution to a former spouse after a member qualifies for retirement but before commencement of a member's pension, the retirement system may undertake such payments provided that such order conforms with the terms, conditions, and actuarial assumptions of the plan and provided further that the amount of any payments to be distributed to a former spouse plus interest shall be offset by either reductions in lump sum benefits or by an appropriate actuarial reduction of any allowance later payable to the member or a beneficiary.
(b) At the time of retirement or later, a member, or a retired member, may elect to receive the actuarial equivalent of his or her retirement allowance payable throughout his or her lifetime with the provision that:
During the member's lifetime, his or her lesser allowance shall be divided with a former spouse according to community property principles. Upon the member's death, the community property portion, not to exceed 50% of the reduced allowance, shall be payable to the former spouse throughout his or her lifetime.
The same portion of the normal cost-of-living adjustments that are payable to the former spouse during the member's lifetime will continue to be payable after the member's death.
A member may make this election after the first payment of a retirement allowance upon a determination that it is a bona fide and equitable division of the community property interest in the retirement allowance.
(c) Nothing in this Section shall be construed to obligate the retirement system to pay greater benefits than those otherwise payable by the terms of the plan. Any allowance otherwise payable to any other survivor may be reduced by the benefits authorized under this Section to the degree necessary to ensure that the Retirement System does not pay increased benefits.
(Added by Ord. 210-89, App. 6/22/89)
A pension, an annuity, retirement allowance or death benefit allowance granted under the provisions of this Article shall be payable in equal monthly installments or in smaller pro-rata amounts when the pension, annuity, retirement allowance or death benefit allowance begins after the first day of the month or ends before the last day of the month; provided, that nothing in this Article shall prevent the payment at shorter intervals of benefits under the compensation, insurance and safety law of the state.
(Bill No. 1125, Ord. No 4.073(C.S.), Sec. 58)
Loading...