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Notwithstanding any other provisions of this Charter, any member who was serving in the Armed Forces of the United States or the State of California during the time of war or any emergency lawfully declared by the President of the United States, who had standing on an eligible list for appointment to a permanent position and was reached for certification to a permanent position while so serving, shall have the right to elect to make contributions as provided in this section and to receive credit in this system as City service for all or any part of the time after he was so reached during which he was so serving; provided, however, that no member shall have such right unless he entered into employment with the City and County as a result of such certification made in accordance with the provisions of Section 8.361 of the Charter within one year after his discharge from such armed forces.
Any member who elects, pursuant to this section, to make contributions and receive credit for such time, shall contribute to the Retirement System an amount determined by applying the rate of contribution first applicable to him on the effective date of his membership in the Retirement System to the monthly compensation earnable by him on said date, together with interest on said amount at the rates of interest being used from time to time under the Retirement System.
The Board of Supervisors shall provide by ordinance the time and manner for making said contributions and for the crediting of such service as service credit.
Under this section, certain employees may become eligible to receive early retirement benefits. These early retirement benefits shall only apply to members who are certified under section A8.401 and who retire with an effective date of retirement within the time limit established by the notice in Section A8.401-6. As used in this section, the term "early retirement benefits" means increasing an eligible employee's age and credited service for both qualification and benefit computation purposes by three (3) years but shall not apply to the disability or vesting benefit provisions or computations under Charter Sections A8.509(c), A8.509(f), A8.587-3 and A8.587-6. Early retirement benefits are available to members under Charter Sections A8.509 and A8.587, subject to any limitations in those sections, and also subject to the limits in Section A8.401 and herein but, are not available to members covered by Charter sections A8.559, A8.585, A8.586, A8.588, A8.595, A8.596, A8.597 or A8.598 or other Charter sections.
(Added November 2003)
Any employee who separated from employment due to layoff between March 1, 2003 and June 30, 2005, and is later determined to be eligible for early retirement benefits, may have his or her retirement allowance recalculated as of his or her date of retirement. Any employee who separated from employment due to layoff between March 1, 2003 and June 30, 2005, but did not retire, and who is later determined to be eligible for early retirement benefits, may retire after notice in Section A8.401-6 but no earlier than the first day of the month in which he or she applies for retirement. Any such employee who withdrew his or her accumulated contributions shall redeposit in the retirement fund the amount, plus interest, refunded to him or her.
(Added November 2003)
The early retirement benefits under this section will be limited by Section 415 of the Internal Revenue Code of 1986, as amended from time to time, and no early retirement benefits under this section will be effective if they have an adverse effect on the tax qualified status of the Retirement System under Section 401 of the Internal Revenue Code of 1986, as amended from time to time.
(Added November 2003)
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