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Upon the completion of the years of service set forth in Section A8.603-2 as requisite to retirement, a member shall be entitled to retire at any time thereafter in accordance with the provisions of Section A8.603-2, and, except as provided in Section A8.603-10, nothing shall deprive said member of said right, provided that age at retirement shall mean the age when the member terminated City and County employment.
(Added by Proposition C, Approved 11/8/2011)
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, City and 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 A8.603, 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, City and 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, Approved 11/8/2011)
(a) Except as provided in Section A8.511 of this Charter and Subsection (b) of this Section, no person retired as a member under Section A8.603 for service or disability, or who has elected vesting, 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 service does not exceed 120 working days or 960 hours per fiscal year.
(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 A8.603, he or she shall re-enter membership under Section A8.603 and his or her 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 A8.603. 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.
(4) The provisions of Subsection (a) shall not prevent such retired persons from employment which requires coverage under the Public Employees' Retirement System or the State Teachers' Retirement System.
(Added by Proposition C, Approved 11/8/2011)
Every retirement or death allowance payable to or on account of any member under Section A8.603 shall be adjusted for cost of living allowances as provided in this Charter.
(Added by Proposition C, Approved 11/8/2011)
For members of the Retirement System under Sections A8.509, A8.584, or A8.587 who retired before January 7, 2012, and are later elected or appointed to a position or office which subjects him or her to membership in the Retirement System under Section A8.603, all service on and after January 7, 2012, shall be subject to the provisions of Sections A8.603, et seq.
(Added by Proposition C, Approved 11/8/2011)
Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.603 or with any part thereof shall be superseded by the contents of Section A8.603. Section A8.603 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 A8.603 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 this Section A8.603. If any words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.603 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of this Section A8.603 which can be given effect. Section A8.603 shall be broadly construed to achieve its stated purposes.
(Added by Proposition C, Approved 11/8/2011)
Persons who become members of the fire department, as defined in Section A8.604-1, on and after January 7, 2012, shall be members of the Retirement System subject to the provisions of Sections A8.604 through A8.604-16 in addition to such other applicable provisions of this Charter, including but not limited to Sections 12.100 and A8.500.
(Added by Proposition C, Approved 11/8/2011)
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