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(a) Except as provided in Section 8.511 of this Charter and Section 8.511 of this Charter and Subsection (b) of this section, no person retired as a member under Section 8.584 for service or disability and entitled to receive a retirement allowance under the Retirement System shall be employed in any capacity by the City and County, nor shall such person receive any payment for services rendered to the City and County after retirement.
(b) (1) Service as an election officer or juror, or in the preparation for or giving testimony as an expert witness for or on behalf of the City and County before any court or legislative body shall not be affected by the provisions of Subsection (a) of this section.
(2) The provisions of Subsection (a) shall not prevent such retired person from serving on any board or commission of the City and County and receiving the compensation for such office, provided said compensation does not exceed $100 per month.
(3) If such retired person is elected or appointed to a position or office which subjects him to membership in the Retirement System under Section 8.584, he shall re-enter membership under Section 8.584 and his retirement allowance shall be cancelled immediately upon such re-entry. The provisions of Subsection (a) of this section shall not prevent such person from receiving the compensation for such position or office. The rate of contribution of such member shall be the same as that for other members under Section 8.584. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his annuity at the time of his re-entry, but the amount thereof shall not exceed the amount of his accumulated contributions at the time of his retirement. Such member shall also receive credit for his service as it was at the time of his retirement.
(c) Notwithstanding any provision of this Charter to the contrary, should any person retired for service or disability engage in a gainful occupation prior to attaining the age of 60 years, the retirement board shall reduce that part of his monthly retirement allowance which is provided by contributions of the City and County to an amount which, when added to the amount of the compensation earnable, at the time he engages in the gainful occupation, by such person if he held the position which he held at the time of his retirement, or, if that position has been abolished, the compensation earnable by the member if he held the position from which he was retired immediately prior to its abolishment.
Any section or part of any section in this Charter, insofar as it should conflict with the provisions of Sections 8.584 through 8.584-11 or with any part thereof, shall be superseded by the contents of said sections. In the event that any word, phrase, clause or section of sections shall be adjudged unconstitutional, the remainder thereof shall remain in full force and effect.
Any member convicted of a crime involving moral turpitude committed in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, County of San Francisco, shall forfeit all rights to any benefits under the Retirement System except refund of his or her accumulated contributions: provided, however, that if such member is qualified for service retirement by reason of service and age under the provisions of Section 8.584-2, he or she shall have the right to elect, without right of revocation and within 90 days after his or her removal from office or employment, to receive as his or her sole benefit under the Retirement System, an annuity which shall be the actuarial equivalent of his or her accumulated contributions at the time of such removal from office or employment.
Any member, after retirement for service or disability or while receiving a vesting allowance, who is convicted of a crime involving moral turpitude in connection with his or her duties as an officer or employee of the City and County, the school district, the college district, or the Superior Court of California, County) of San Francisco, shall forfeit all rights to any further benefit from the Retirement System and the Retirement System shall immediately cease all future payments to such member; provided however, that if, at the time of the conviction, said member has remaining accumulated contributions, then such member shall have the right to elect, without right of revocation and within 30 days after his or her conviction, to receive as his or her sole benefit under the Retirement System an annuity which shall be the actuarial equivalent of his or her accumulated contributions remaining at the time of the conviction.
(Added by Proposition C, 6/3/2008)
Notwithstanding the provisions of Section 8.568 of this Charter, members of the fire department, as defined in Section 8.585-1, who are members of the Retirement System under Section 8.568 on the effective date of this section and persons who become members of the Retirement System under Section 8.568 after said effective date and prior to July 1, 1975, shall have the option, to be exercised in writing on a form furnished by the Retirement System and to be filed at the office of said system not later than June 30, 1975, of being members of the system under this section instead of said Section 8.568, the election pursuant to said option to be effective as of July 1, 1975; provided that such of said members who, during the period from the effective date of this section through June 30, 1975, are absent by reason of service in the armed forces of the United States or by reason of any other service included in Section 8.520(a) of this Charter shall have the same option of electing to be members under this section instead of Section 8.568, until 90 days after their return to service in the fire department.
Those persons who become members of the fire department, as defined in Section 8.585-1, on or after July 1, 1975, and those persons who elect to be members under this section as provided in the preceding paragraph, shall be members of the system subject to the provisions of Sections 8.585, 8.585-1, 8.585-2, 8.585-3, 8.585-4, 8.585-5, 8.585-6, 8.585-7, 8.585-8, 8.585-9, 8.585-10, 8.585-11, 8.585-12 and 8.585-13 (which shall apply only to members under Section 8.585) in addition to the provisions contained in Sections 3.670 to 3.672, both inclusive, and Sections 8.500, 8.510 and 8.520 of this Charter, notwithstanding the provisions of any other section of this Charter, and shall not be subject to any of the provisions of Section 8.568 of this Charter.
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