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The following time shall be included in the computation of the service to be credited to a member of the police department for the purposes of determining whether such member qualified for retirement and calculating benefits, excluding, however, any time, the contributions for which were withdrawn by said member upon termination of his or her service while he or she was a member under any other Charter section, and not redeposited upon re-entry into service:
(a) Time during and for which said member is entitled to receive compensation because of services as a member of the police or fire department.
(b) Time during which said member was on Unpaid Parental Leave pursuant to Charter Section A8.523, and for which said member has purchased service credit in the Retirement System.
(c) Time during which said member is absent from a status included in Subsection (a) next preceding, by reason of service in the armed forces of the United States of America, or by reason of any other service included in Sections A8.520 and A8.521 of the Charter, during any war in which the United States was or shall be engaged or during other national emergency, and for which said member contributed or contributes to the Retirement System or for which the City and County contributed or contributes on his or her account.
(d) Time during which said member earned compensation as an airport police officer, provided that said member does not receive a retirement allowance from the Public Employees' Retirement System or receive credit from the Public Employees' Retirement System for the same service, and provided further that the accumulated assets with interest and accrued liability for the past service relating to each said member is transferred from the Public Employees' Retirement System to his or her Section A8.597 account, or if previously refunded, is redeposited into his or her Section A8.597 account with interest from the date of refund to the date of redeposit, at times and in the manner fixed by the Retirement Board: The Retirement Board shall require that each said member execute a waiver consenting to the transfer so that any airport police officer service covered by Section A8.597 is not also covered by other pension provisions in this Charter, and so that any such member is not receiving either a retirement allowance or service credit from the Public Employees' Retirement System for the same service, and agree to pay for any required costs allocable to such member under Section A8.506-2. Members of the police department on November 6, 2007, who are members of the Retirement System under Section A8.597 shall execute and file said waiver on or before February 1, 2008. Failure to file a timely waiver shall bar any application to have such airport police officer service treated as safety service under this subsection.
The additions to this Section A8.597-10, approved by the electorate on November 6, 2007, shall not apply to any member of the Retirement System who separated from service, retired, or died before November 6, 2007, or to his or her continuant.
(Added November 2002; Amended by Proposition F, Approved 11/6/2007; Amended by Proposition G, 11/4/2008)
All payments provided for members under Section A8.597 shall be made from funds derived from the following sources, plus interest earned on said funds:
(a) There shall be deducted from each payment of compensation made to a member under Section A8.597 a sum equal to seven percent of such payment of compensation plus the member's allocable share, if any, of the costs required under Section A8.506-2. The sum so deducted shall be paid forthwith to the Retirement System. Said contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the board of supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member, or shall be paid to said member or his or her estate or beneficiary as provided in Sections A8.597-5, A8.597-6 and A8.597-8.
(b) The City and County shall contribute to the Retirement System such amounts as may be necessary, when added to the contributions referred to in Subsection (a) of this Section A8.597-11, to provide the benefits payable to members under Section A8.597. Such contributions of the City and County to provide the portion of the benefits hereunder shall be made in annual installments, and the installment to be paid in any year shall be determined by the application of a percentage to the total compensation paid during said year to persons who are members under Section A8.597 in accordance with the provisions of Section A8.510.
(c) To promote the stability of the Retirement System through a joint participation in the result of variations in the experience under mortality, investment and other contingencies, the contributions of both members and the City and County held by the system to provide benefits for members under Section A8.597, shall be a part of the fund in which all other assets of said system are included.
(d) Any year in which, based upon the Retirement System's annual actuarial valuation, the employer contribution rate exceeds 0%, the employee organizations representing safety members shall jointly meet and confer with City representatives to implement a cost sharing arrangement between the City and employee organizations. Such arrangement will effect a material reduction of the cost impact of employer contributions on the City's general fund.
The dollar value of the cost sharing arrangement shall not exceed the total annual cost to the Retirement System of improving the police and fire safety retirement plans to the 3% @ 55 benefit level or the total employer contribution required by the Retirement System, whichever is lesser. Such cost sharing arrangement shall not require an employee contribution in excess of the limits set elsewhere in this Charter.
The meet and confer process, including all impasse procedures under section A8.590-1 et seq., shall be concluded not later than April 1st except by mutual agreement of the parties. The cost sharing arrangement must be finalized to permit implementation effective July 1.
(e) Notwithstanding any other provision of this Section A8.597-11 or this Charter, beginning on July 1, 2012, the employee contribution rate set forth in Subsection (a) shall be increased or decreased each fiscal year based on the employer contribution rate for that fiscal year calculated by the Retirement System's actuary as prescribed in Subsection (b). Said increase or decrease in the employee contribution rate shall be calculated as a percentage of compensation, as set forth below:
Employer Contribution Rate | Change In Member Contribution |
Employer Contribution Rate | Change In Member Contribution |
0% | -6.0% |
.01%-1.0% | -5.0% |
1.01%-2.5% | -4.75% |
2.51%-4.0% | -4.5% |
4.01%-5.5% | -3.5% |
5.51%-7.0% | -3.0% |
7.01%-8.5% | -2.0% |
8.51%-10.0% | -1.5% |
10.01%-11.0% | -0.5% |
11.01%-12.0% | 0% |
12.01%-13.0% | 0.5% |
13.01%-15.0% | 1.5% |
15.01%-17.5% | 2.0% |
17.51%-20.0% | 3.0% |
20.01%-22.5% | 3.5% |
22.51%-25.0% | 4.5% |
25.01%-27.5% | 4.5% |
27.51%-30.0% | 4.75% |
30.01%-32.5% | 4.75% |
32.51%-35.0% | 5.0% |
Over 35.0% | 6.0% |
The employee contribution increases shall be deducted from each payment of compensation and shall be paid forthwith to the Retirement System. Said additional contribution shall be credited to the individual account of the member from whose salary it was deducted, and the total of said contributions, together with interest credited thereon in the same manner as is prescribed by the Board of Supervisors for crediting interest to contributions of other members of the Retirement System, shall be applied to provide part of the retirement allowance granted to, or allowance granted on account of said member under Section A8.597, or shall be paid to said member or his or her beneficiary or estate as provided in Sections A8.597-4, A8.597-4 and A8.597-8.
The percentage increase in member contributions shall reduce, by a corresponding percentage, the City and County contributions to the Retirement System on account of said member otherwise required for that fiscal year.
The employee contribution decreases shall be paid by the City and County at the time each member is paid compensation, such that the Retirement System receives from the member and the City and County combined, a sum equal to seven percent of the member's compensation as provided in Subsection (a). The sums so received shall be credited to the individual accounts of the member on whose behalf the contributions are made.
Said contributions by the City and County shall be in addition to the contributions required by the City and County under Subsection (b) for that fiscal year.
(Added November 2002; amended by Proposition F, Approved 11/6/2007; Proposition G, Approved 11/4/2008; Proposition C, Approved 11/8/2011)
Upon the completion of the years of service set forth in Section 8.597-2 as requisite to retirement, a member of the police department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section 8.597-2, and except as provided in Section 8.597-16, nothing shall deprive said member of said right.
(Added November 2002; amended by Proposition C, Approved 6/3/2008)
(a) Except as provided in Section A8.511 of this Charter and in Subsection (b) of this section, no person retired as a member under Section A8.597 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 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 or her to membership in the Retirement System under Section A8.597, he or she shall re-enter membership under Section A8.597 and his or her retirement allowance shall be cancelled immediately upon his or her 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 contributions of such member shall be the same as that for other members under Section A8.597. Such member's individual account shall be credited with an amount which is the actuarial equivalent of his or her annuity at the time of his or her re-entry, but the amount thereof shall not exceed the amount of his or her accumulated contributions at the time of his or her retirement. Such member shall also receive credit for his or her service as it was at the time of his or her retirement.
(c) Notwithstanding any provision of this Charter to the contrary, should any person retired for disability engage in a gainful occupation prior to attaining the age of 55 years, the retirement board shall reduce that part of his or her 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 or she engages in the gainful occupation, by such person if he or she held the position which he or she held at the time of his or her retirement, or, if that position has been abolished, the compensation earnable by the member if he or she held the position from which he or she was retired immediately prior to its abolishment.
(Added November 2002)
Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.597 or with any part thereof, shall be superseded by the contents of Section A8.597. Section A8.597 shall be interpreted to be consistent with all federal and state laws, rules, and regulations. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.597 are held to be invalid or unconstitutional by a final judgment of a court, such decision shall not affect the validity of the remaining words, phrases, clauses, sentences, subsections, or provisions of Section A8.597. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.597 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.597 which can be given effect. Section A8.597 shall be broadly construed to achieve its stated purposes.
(Added November 2002; amended by Proposition C, Approved 11/8/2011)
Notwithstanding any provisions of this Charter to the contrary, should any member of the police department who is a member of the Retirement System under Charter Section A8.597 with five years of credited service, cease to be so employed, through any cause other than death or retirement, he or she shall have the right to elect, without right of revocation and within 90 days after termination of said service, to allow his or her accumulated contributions including interest to remain in the retirement fund and to receive a retirement allowance equal to the percent set forth in Section A8.597-2 opposite his or her age at retirement, for each year of service multiplied against the final compensation of said member, calculated at termination, payable beginning no earlier than age 50. No vesting retirement allowance under this section shall exceed ninety (90%) percent of the member's final compensation. The provisions of Section A8.597-15 shall not apply to any members of the Retirement System under Section A8.586 who terminated before January 1, 2003 or their continuants.
(Added November 2002)
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 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 8.597-2, 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 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)
A8.598 MEMBERS OF THE FIRE DEPARTMENT ON JANUARY 1, 2003 WHO ARE MEMBERS OF THE RETIREMENT SYSTEM UNDER CHARTER SECTION A8.588, AND MEMBERS OF THE FIRE DEPARTMENT AFTER JANUARY 1, 2003
Members of the fire department on January 1, 2003 who are members of the Retirement System under Section A8.588, and persons who become members of the fire department, as defined in Section A8.598-1, after January 1, 2003, shall be members of the Retirement System subject to the provisions of Sections A8.598 through A8.598-15 (which shall apply only to members under Section A8.598) in addition to the provisions contained in Sections 12.100 to 12.103 and Sections 8.500, 8.510, 8.520 and 8.526 of this Charter, notwithstanding the provisions of any other section of this Charter, and shall not be subject to any of the provisions of Sections A8.588 of this Charter.
The provisions of section A8.598 shall not apply to any member of the Retirement System under section A8.588 who separated from service, retired or died before January 1, 2003, or to his or her continuant; provided, however, that the provisions of section A8.598-2 shall apply to the adjustment required in Sections A8.588-3, A8.588-4 and A8.588-5 for a retired member or his or her surviving spouse or continuant when the retired member would not have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years until after January 1, 2003.
(Added November 2002)
"Retirement allowance," "death allowance" or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, or upon the day following the date of death, as the case may be, and continuing for life unless a different term of payment is definitely provided by the context.
"Compensation," as distinguished from benefits under the Workers' Compensation Insurance and Safety Act of the State of California, shall mean the remuneration payable in cash, by the City and County, without deduction except for absence from duty, for time during which the individual receiving such remuneration is a member of the fire department, but excluding remuneration paid for overtime. Subject to the requirement that it be payable in cash and that overtime be excluded, "compensation" for pension purposes may be defined in a collective bargaining agreement.
"Compensation earnable" shall mean the compensation which would have been earned had the member received compensation without interruption throughout the period under consideration and at the rates of remuneration attached at that time to the ranks or positions held by him or her during such period, it being assumed that during any absence, he or she was in the rank or position held by him or her at the beginning of the absence, and that prior to becoming a member of the fire department, he or she was in the rank or position first held by him or her in such department.
"Benefit" shall include "allowance," "retirement allowance," "death allowance" and "death benefit."
"Final compensation" shall mean the average monthly compensation earnable by a member during any one year of credited service in which his or her average compensation is the highest.
For the purpose of Section A8.598 through A8.598-14, the terms "member of the fire department," "member of the department," or "member" shall mean any member of the fire department on January 1, 2003 who was an active member of the Retirement System under Section A8.588, and any officer or employee of the fire department employed after January 1, 2003 who was or shall be subject to the Charter provisions governing entrance requirements of members of the uniformed force of said department and said terms shall further mean persons employed after January 1, 2003 at an age not greater than the maximum age then prescribed for entrance into employment in said uniformed force, to perform duties now performed under the titles of pilot of fireboats, or marine engineer of fireboats; provided, however, that said terms shall not include any person who has not satisfactorily completed such course of training as may be required by the fire department prior to assignment to active duty with said department.
"Retirement system" or "system" shall mean San Francisco City and County Employees' Retirement System as created in Section A8.500 of the Charter.
"Retirement board" shall mean "retirement board" as created in Section 3.670 of the Charter.
"Charter" shall mean the Charter of the City and County of San Francisco.
Words used in the masculine gender shall include the feminine and neuter gender, words used in the feminine gender shall include the masculine and neuter gender, and singular numbers shall include the plural and the plural the singular.
"Interest" shall mean interest at the rate adopted by the retirement board.
(Added November 2002)
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