A8.401-5 ELIGIBILITY

   The Director shall develop procedures according to the following criteria and limitations to identify those employees eligible to receive early retirement benefits due to layoffs in Identified Classifications.

   (A)   The Director shall identify employees eligible for early retirement benefits in the following order:

      1.   Permanent civil service employees

         a.   In order of seniority, employees currently employed in an Identified Classification and employees laid off between March 1, 2003 and June 30, 2005 from an Identified Classification.

         b.   In order of seniority, employees currently employed in classifications that have been near-listed to an Identified Classification.

         The Director shall determine seniority at the time of notification using the Civil Service Commission rules on layoff. A current employee who has not received notice that he or she will be separated from employment due to layoff shall be eligible for early retirement benefits only if his or her retirement would result in the retention or return to employment of an employee who has received notice of separation or been separated from employment due to layoff.

      2.   Exempt and provisional employees.

         Exempt and provisional employees, employed under Charter Sections 10.104 or 10.105, shall be eligible for early retirement benefits only if they have been involuntarily separated from employment due to layoff between March 1, 2003 and June 30, 2005 from an Identified Classification.

   (B)   The number of employees who receive early retirement benefits in each Identified Classification shall not exceed the number of employees noticed for separation or separated from employment due to layoffs in the Identified Classification. The Controller shall certify the names of the employees identified, and that the number of employees identified for early retirement benefits in each Identified Classification does not exceed the number of employees separated from employment due to layoffs in the Identified Classification.

(Added November 2003)

A8.401-6 NOTIFICATION PROCEDURE

   The Director shall notify in writing those employees eligible for early retirement benefits, with a copy to the Retirement System, and shall set a deadline for the employees to retire, not to exceed 30 days after notification.

(Added November 2003)

A8.401-7 EXTENSION

   This program may be extended by a three-fourths vote of the Board of Supervisors. The Board may authorize an extension limited to fiscal years 2005-2006 and 2006-2007.

(Added November 2003)

A8.401-8 COSTS

   The City and County, not the Retirement System, shall bear the costs of identifying and giving notice, as described in this section, to employees eligible for the early retirement benefit.

(Added November 2003)

A8.401-9 SCHOOL AND COMMUNITY COLLEGE DISTRICTS

   For the purpose of offering early retirement benefits to their eligible employees, the San Francisco Unified School District and the San Francisco Community College District, through their authorized officials, shall exercise the authority granted in Section A8.401-3 to identify classifications of positions, held by employees enrolled in the San Francisco Retirement System, that meet the criteria in Section A8.401-3. Any offer of early retirement benefits to School District or Community College District employees shall be governed by the criteria, limitations and procedures set forth in Sections A8.401-3 through A8.401-8 above. The determinations made in Section A8.401-3 by the School District or the Community College District shall be made after the governing bodies of the School District or Community College District, as appropriate, have adopted the budget for the fiscal year or adopted a supplemental change to the budget.

(Added November 2003)

A8.401-10 NON-VESTED BENEFIT

   This Section and Section A8.522 do not create vested rights in any employee who has not yet retired under this Section. The voters expressly reserve the right to alter or repeal for any reason the early retirement benefits provided in this Section and Section A8.522.

(Added November 2003)

A8.401-11 DISCRETIONARY AUTHORITY

   The determinations made under this Section are within the sole discretion of the City and County, School District and Community College District. In adopting this Charter amendment the voters intend to grant broad discretion to City and County officials, including the Director and the Controller, as well as appropriate School District and Community College District officials. The voters intend that courts grant deference to these officials' interpretations and applications of the provisions of this Charter amendment. The voters intend that courts defer to the decisions of these officials unless they are devoid of any conceivable basis in reason. The voters do not intend to impose any duties on the City and County, or its officials, including the Director and Controller, or on the School District, Community College District, or their officials, for breach of which any aggrieved party may recover damages, attorneys fees or costs.

(Added November 2003)