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The retirement allowance of any female person who retired under Section 8.507 or 8.509 of the Charter and who, at retirement, selected optional payment plan No. 2 or No. 3 as provided in Section 16.75 of this Code, shall be recomputed in accordance with the provisions of this Section, if the person designated to receive the lesser allowance after the death of said retired person qualifies as a husband who would be eligible as a surviving husband to receive the continuation of allowance provided in Section 16.80-6 of this Code.
Such allowance shall be recomputed so that the optional payment plan selected shall apply only with respect to that part of such retired person's retirement allowance which is in excess of the allowance which would be paid to her surviving husband under the provisions of Section 16.80-6 of this Code. Said recomputation shall be made as of January 1, 1973; and the allowance as so recomputed shall be payable for time on and after the date of said recomputation.
This ordinance does not and shall not give any retired person, or her successors in interest, any claim against the City and County for an increase in any allowance paid or payable for time prior to the date of said recomputation.
(Added by Ord. 286-73, App. 7/20/73)
(a) Qualification. To determine qualification as a surviving spouse as used in the retirement plans established by the Charter, and provided all other Charter requirements are met, surviving spouse shall mean and include: (1) a surviving wife or a surviving husband whose marriage is valid or recognized under the laws of California; or (2) a surviving member of a same-sex couple who married each other in another jurisdiction on or after November 5, 2008 and whose marriage would be valid under the laws of the jurisdiction in which the marriage was contracted, but is not valid or recognized by the laws of California; or (3) a surviving domestic partner under Charter Section A8.500-2 and Chapter 62 of the Administrative Code.
(b) Termination. No person who is receiving a surviving spouse benefit under the retirement plans established by the Charter shall continue to be eligible to receive such benefit if he or she: (1) marries or remarries; or (2) enters into a same-sex marriage in another jurisdiction on or after November 5, 2008 and said marriage would be valid under the laws of the jurisdiction in which the marriage was contracted but is not valid or recognized under the laws of California; or (3) enters into a domestic partnership, civil union or other similar relationship under Charter Section A8.500-2 and Chapter 62 of the Administrative Code.
(Added by Ord. 51-10, File No. 091370, App. 3/19/2010)
The Retirement Board shall administer and determine applications, under Section 21023.6 of the Government Code, for disability retirement by employees of the City and County who are "local safety members" under the Public Employees' Retirement System of the State of California. The Retirement Board is hereby authorized and empowered to perform on behalf of the City and County all of the acts required under the provisions of said Section 21023.6 of the Government Code.
In those cases in which there is a dispute whether the employee's disability is industrial, the Retirement Board may apply to the Workers' Compensation Appeals Board for a determination of said question. In those cases in which the effective date of retirement is to be the date on which the disabling condition became permanent and stationary, the Retirement Board shall apply to the Workers' Compensation Board for a determination of such date.
The Retirement Board is hereby authorized and empowered to make applications on behalf of the City and County for disability retirement of employees in employments in which they are "local safety members" under the Public Employees' Retirement System and to initiate requests for reinstatement of such employees who are retired for disability.
The Retirement Board may adopt such rules and regulations as it deems appropriate and necessary to carry out the provisions of this Section.
(Amended by Ord. 314-74, App. 6/27/74; Ord. 18-95, App. 1/25/95)
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