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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 A8.607 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 A8.607, he or she shall re-enter membership under Section A8.607-6 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 A8.607. 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 A8.607 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 A8.607-2 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 A8.607-2, 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 A8.607 or with any part thereof, shall be superseded by the contents of Section A8.606. Section A8.607 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 A8.607 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 A8.607. If any words, phrases, clauses, sentences, subsections, provisions or portions of this Section A8.607 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of this Section A8.607 which can be given effect. Section A8.607 shall be broadly construed to achieve its stated purposes.
(Added by Proposition C, Approved 11/8/2011)
Sheriffs assuming office on, and undersheriffs and all deputized personnel of the sheriff's department hired on and after January 7, 2012, shall be members of the Retirement System subject to the provisions of Sections A8.608 through A8.608-16 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)
"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 laws of the State of California shall mean all remuneration whether in cash or by other 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 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 75% of the limits set forth in Internal Revenue Code Section 401(a)(17) and as amended from time to time.
Subject to the requirements that it be payable in cash, and that overtime and new premiums or allowances first paid by the City and County after January 7, 2012 are 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 positions held by him or her during such period, 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 becoming a member of the sheriff's department, he or she was in the 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 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 purpose of Sections A8.608 through A8.608-16, the terms "member of the sheriff's department," "member of the department," or "member" shall mean any sheriff assuming office on and after January 7, 2012, and undersheriffs and deputized personnel of the sheriff's department hired on and after January 7, 2012.
"Qualified for service retirement," "qualification for service retirement" or "qualified as to age and service for retirement," as used in this Section and other Sections to which persons who are members under Section A8.608 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.608-10.
"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 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 by Proposition C, Approved 11/8/2011)
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