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)