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(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 A8.602 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 A8.602, he or she shall re-enter membership under Section A8.602 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 A8.602. 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 by Proposition D, Approved 6/8/2010)
Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.602 or with any part thereof, shall be superseded by the contents of Section A8.602. Section A8.602 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 A8.602 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, provisions or portions of Section A8.602. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.602 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.602 which can be given effect. Section A8.602 shall be broadly construed to achieve its stated purposes.
(Added by Proposition D, Approved 6/8/2010; 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 A8.602 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 A8.602-2 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.
(Added by Proposition D, Approved 6/8/2010)
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 A8.602-2, 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 D, Approved 6/8/2010)
Miscellaneous officers and employees who become employed on and after January 7, 2012, shall be eligible to become members of the Retirement System subject to the provisions of Sections A8.603 through A8.603-14, in addition to such other applicable provisions including, but not limited to, A8.500 of this Charter; provided that persons who become members under the Public Employees' Retirement System of the State of California or members of the State Teachers' Retirement System of the State of California shall not be members of the San Francisco City and County Employees' Retirement System and provided, further, that the Retirement System shall be applied to persons employed on a part-time or temporary basis only as the Board of Supervisors shall determine by ordinance enacted by three-fourths vote of all members of the Board.
(Added by Proposition C, Approved 11/8/2011)
The following words and phrases as used in this Section, unless a different meaning is plainly required by the context, shall have the following meaning:
"Retirement allowance," or "allowance," shall mean equal monthly payments, beginning to accrue upon the date of retirement, 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 laws of the State of California shall mean all remuneration whether in cash or by other premiums or allowances made by the City and County, for service qualifying for credit under this Section, but excluding remuneration for overtime and such other forms of compensation excluded by the Board of Supervisors pursuant to Section A8.500 of the Charter. Remuneration shall not mean new premiums or allowances first paid by the City and County after January 7, 2012, that exceed the rate of pay fixed for each classification for service qualifying for credit under this Section. For members with concurrent service in more than one position, "compensation" shall be limited to remuneration for the first hours paid during any fiscal year equal to one full time equivalent position. "Compensation" for any fiscal year shall not include remuneration that exceeds eighty five percent of the limits set forth in Internal Revenue Code Section 40l(a)(17) and as amended from time to time.
"Compensation earnable" shall mean the compensation as determined by the Retirement Board, which would have been earned by the member had he or she worked, throughout the period under consideration, the average number of days ordinarily worked by persons in the same grade or class of positions as the positions held by him or her during such period and at the rate of pay attached to such positions, it being assumed that during any absence, he or she was in the position held by him or her at the beginning of the absence, and that prior to entering City service, he or she was in the position first held by him or her in City service.
"Benefit" shall include "allowance," "retirement allowance," and "death benefit."
"Average final compensation" shall mean the average monthly compensation earned by a member during the higher of any three consecutive fiscal years of earnings or the thirty six consecutive months of earnings immediately prior to retirement.
For the purposes of the Retirement System and of this section, Section A8.603 and Sections A8.603-2 through A8.603-14, the terms "miscellaneous officer or employee," or "member," shall mean any officer or employee employed on and after January 7, 2012, who is not a member of the police, fire or sheriffs departments or in a miscellaneous safety classification as defined in the Charter for the purposes of the Retirement System. Said terms shall not include those persons who become members under the Public Employees' Retirement System or members of the State Teachers' Retirement System.
"Retirement Board" shall mean "Retirement Board" as created in Section 12.100 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 genders, 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 by Proposition C, Approved 11/8/2011)
Any member who completes at least 20 years of service in the aggregate credited in the Retirement System and attains the age of 53 years, or at least 10 years of service in the aggregate credited in the Retirement System, and attains the age of 60 years, said service to be computed under Section A8.603-7 may retire for service at his or her option. Members may retire under this Section, on the first day of the month next following the attainment by them of the age of 65 years. A member retired after reaching the age of 65 years shall receive a service retirement allowance at the rate of 2.3 percent of said average final compensation for each year of service. The service retirement allowance of any member retiring a) prior to attaining the age of 60 years, and after rendering 20 years or more of such service, computed under Section A8.603-7, and having attained the age of 53 years, or b) attaining the age of 60 years, and after rendering 10 years or more of such service, computed under Section A8.603-7, shall be an allowance equal to the percentage of said average final compensation set forth opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, computed under Section A8.603-7:
Age at Retirement | Percent for Each Year of Credited Service |
Age at Retirement | Percent for Each Year of Credited Service |
53 | 1.000 |
53¼ | 1.027 |
53½ | 1.054 |
53¾ | 1.081 |
54 | 1.108 |
54¼ | 1.135 |
54½ | 1.162 |
54¾ | 1.189 |
55 | 1.216 |
55¼ | 1.243 |
55½ | 1.270 |
55¾ | 1.297 |
56 | 1.324 |
56¼ | 1.351 |
56½ | 1.378 |
56¾ | 1.405 |
57 | 1.432 |
57¼ | 1.459 |
57½ | 1.486 |
57¾ | 1.513 |
58 | 1.540 |
58¼ | 1.567 |
58½ | 1.594 |
58¾ | 1.621 |
59 | 1.648 |
59¼ | 1.675 |
59½ | 1.702 |
59¾ | 1.729 |
60 | 1.756 |
60¼ | 1.789 |
60½ | 1.810 |
60¾ | 1.837 |
61 | 1.864 |
61¼ | 1.891 |
61½ | 1.918 |
61¾ | 1.945 |
62 | 1.972 |
62¼ | 1.999 |
62½ | 2.026 |
62¾ | 2.053 |
63 | 2.080 |
63¼ | 2.107 |
63½ | 2.134 |
63¾ | 2.161 |
64 | 2.188 |
64¼ | 2.215 |
64½ | 2.242 |
64¾ | 2.269 |
65 | 2.3 |
In no event shall a member's retirement allowance exceed seventy-five percent of his or her average final compensation.
Before the first payment of a retirement allowance is made, a member retired under this Section or Section A8.603-3 may elect to receive the actuarial equivalent of his or her allowance, partly in an allowance to be received by him or her throughout his or her life, and partly in other benefits payable after his or her death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar elections by other members of the Retirement System, including the character and amount of such other benefits.
In the calculations under this Section of the retirement allowance of a member having credit for service in a position in the evening schools and service in any other position, separate retirement allowances shall be calculated, in the manner prescribed for each class of service, the average final compensation in each case being that for the respective class of service, provided that the aggregate retirement allowance shall be taken into account in applying the provisions of this Section providing for a minimum retirement allowance. Part-time service and compensation shall be converted to full-time service and compensation in the manner prescribed by the Board of Supervisors, and when so converted shall be applied on full-time service and compensation in the calculation of retirement allowances.
(Added by Proposition C, Approved 11/8/2011)
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