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Upon the completion of the years of service set forth in Section A8.606-2 as requisite to retirement, a member of the sheriff's department shall be entitled to retire at any time thereafter in accordance with the provisions of said Section A8.606-2, and except as provided in Section A8.606-16, nothing shall deprive said member of said right.
(Added by Proposition C, Approved 11/8/2011)
(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 A8.606 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 A8.606, he or she shall re-enter membership under Section A8.606 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 A8.606. 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 C, Approved 11/8/2011)
Notwithstanding any provisions of this Charter to the contrary, should any member of the sheriff's department who is a member of the Retirement System under Charter Section A8.606 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 A8.606-2 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 deferred retirement allowance under this Section shall exceed ninety (90%) percent of the member's final compensation.
(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 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 A8.606-2, 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, Approved 11/8/2011)
Any Section or part of any Section in this Charter, insofar as it should conflict with the provisions of Section A8.606 or with any part thereof, shall be superseded by the contents of Section A8.606. Section A8.606 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 A8.606 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 A8.606. If any words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.606 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of this Section A8.606 which can be given effect. Section A8.606 shall be broadly construed to achieve its stated purposes.
(Added by Proposition C, Approved 11/8/2011)
Upon the thirty first day following the effective date of an ordinance enacted by the Board of Supervisors under Section A8.500 based on agreement between the City, the undersheriffs and the recognized employee organizations representing the impacted employees, but not before July 1, 2012, undersheriffs and all deputized personnel of the sheriff's department hired after July 1, 2010 and before January 7, 2012, shall be members of the Retirement System for prospective service subject to the provisions of this Section A8.607 through A8.607-16 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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