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Should any member of the sheriff's department who is a member of the Retirement System under Charter Section A8.608 cease to be employed as such a member, through any cause other than death or retirement, all of his or her contributions with interest credited thereon, shall be refunded to him or her, provided that if such member is entitled to be credited with at least five years of service, then 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 A8.608-2 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 percent (90%) of the member's final compensation.
(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in this Charter, insofar as it should conflict with the provisions of Section A8.608 or with any part thereof, shall be superseded by the contents of Section A8.608. Section A8.608 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 A8.608 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 A8.608. If any words, phrases, clauses, sentences, subsections, provisions or portions of Section A8.608 are held invalid as applied to any person, circumstance, employee or category of employee, such invalidity shall not affect any application of Section A8.608 which can be given effect. Section A8.608 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 and the recognized employee organizations representing the impacted employees, but not before July 1, 2012, miscellaneous safety employees, as defined in Section A8.609-2, hired before January 7, 2012, shall be members of the Retirement System for prospective service subject to the provisions of this Section A8.609 through A8.609-16 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.
"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 miscellaneous safety member, 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 earnable by a member during the higher of any one fiscal year of earnings or the twelve consecutive months of earnings immediately prior to retirement.
For the purpose of Sections A8.609 through A8.609-16, the terms "miscellaneous safety member" or "member" shall mean any probation officers, district attorney investigators and juvenile court counselors hired before January 7, 2012 who was an active member of the Public Employees' Retirement System.
"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 A8.609 are subject, shall mean completion of 25 years of service and attainment of age 50, said service to be computed under Section A8.609-10.
"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 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)
Any miscellaneous safety member who completes at least five years of service in the aggregate and attains the age of fifty (50) years, said service to be computed under Section A8.609-10, may retire for service at his or her option. A member retired after meeting the service and age requirements in the preceding sentence, shall receive a retirement allowance equal to the percent of final compensation (as defined in Section A8.609-1) set forth below opposite his or her age at retirement, taken to the preceding completed quarter year, for each year of service, as computed under Section A8.609-10:
Retirement Age | Percent for Each Year of Credited Service |
Retirement Age | Percent for Each Year of Credited Service |
50 | 2.000 |
50¼ | 2.035 |
50½ | 2.070 |
50¾ | 2.105 |
51 | 2.140 |
51¼ | 2.175 |
51½ | 2.210 |
51¾ | 2.245 |
52 | 2.280 |
52¼ | 2.315 |
52½ | 2.350 |
52¾ | 2.385 |
53 | 2.420 |
53¼ | 2.455 |
53½ | 2.490 |
53¾ | 2.525 |
54 | 2.560 |
54¼ | 2.595 |
54½ | 2.630 |
54¾ | 2.665 |
55+ | 2.700 |
In no event, however, shall such a retirement allowance exceed ninety (90) percent of a member's final compensation.
(Added by Proposition C, Approved 11/8/2011)
Any miscellaneous safety member who becomes incapacitated for the performance of his or her duty by reason of any bodily injury received in, or illness caused by the performance of his or her duty, shall be retired. If he or she is not qualified for service retirement, he or she shall receive a retirement allowance in an amount which shall be equal to the same percentage of the final compensation of said member, as defined in Section A8.6098-1, as his or her percentage of disability is determined to be. The percentage of disability shall be as determined by the Workers' Compensation Appeals Board of the State of California upon referral from the Retirement Board for that purpose; provided that the Retirement Board may, by five affirmative votes, adjust the percentage of disability as determined by said appeals board; and provided, further, that such retirement allowance shall be in an amount not less than 50 percent nor more than 90 percent of the final compensation of said member, as defined in Section A8.609-1. Said allowance shall be paid to him or her until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years had he or she lived and rendered service without interruption in the position held by him or her at retirement, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date based on the final compensation, as defined in Section A8.609-1, he or she would have received immediately prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation.
If, at the time of retirement because of disability, he or she is qualified as to age and service for retirement under Section A8.609-2, he or she shall receive an allowance equal to the retirement allowance which he or she would receive if retired under Section A8.609-2, but not less than 50 percent of said final compensation. Any miscellaneous safety member who becomes incapacitated for performance of his or her duty by reason of a cause not included under the provisions of the immediately preceding sentences, and who shall have completed at least 10 years of service in the aggregate, computed as provided in Section A8.609-10, shall be retired upon an allowance of 1½ percent of the final compensation of said member as defined in Section A8.609-1 for each year of service, provided that said allowance shall not be less than 33
1
/3 percent of said final compensation. The question of retiring a member under this Section may be brought before the Retirement Board on said board's own motion, by recommendation of the miscellaneous safety member's department, or by said member or his or her guardian. If his or her disability shall cease, his or her retirement allowance shall cease and he or she shall be restored to the service in the rank he or she occupied at the time of his or her retirement.
(Added by Proposition C, Approved 11/8/2011)
If a miscellaneous safety member shall die before or after retirement by reason of an injury received in, or illness caused by the performance of his or her duty, a death allowance, in lieu of any allowance, payable under any other section of the Charter or by ordinance, on account of death resulting from injury received in or illness caused by the performance of duty, shall be paid, beginning on the date next following the date of death, to his or her surviving spouse throughout his or her life or until his or her remarriage. If the member, at the time of death, was qualified for service retirement, but he or she had not retired, the allowance payable shall be equal to the retirement allowance which the member would have received if he or she had been retired for service on the date of death, but such allowance shall not be less than 50 percent of the final compensation earnable by said member immediately preceding death. If death occurs prior to qualification for service retirement, the allowance payable shall be equal to the compensation of said member at the date of death, until the date upon which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, had he or she lived and rendered service without interruption in the position held by him or her at death, and after said date the allowance payable shall be equal to the retirement allowance said member would have received if retired for service on said date, based on the final compensation he or she would have received prior to said date, had he or she lived and rendered service as assumed, but such allowance shall not be less than 50 percent of such final compensation.
If he or she had retired prior to death, the allowance payable shall be equal to one-half of his or her retirement allowance of the member as it was prior to optional modification and prior to reduction as provided in Subsection (a) of Section A8.514 of this Charter, but exclusive of the part of such allowance which was provided by additional contributions, except that if he or she was a member under Section A8.609 and if death occurred prior to qualification for the service retirement allowance, the allowance continued shall be adjusted upon the date at which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died. If such retired person leaves no such surviving spouse, or if such surviving spouse should die or remarry before every child of such deceased retired person attains the age of 18 years, the allowance which such surviving spouse would have received had he or she lived and not remarried shall be paid to retired person's child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years.
Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his or her estate or designated beneficiary in the manner and subject to the conditions prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members.
No allowance, however, shall be paid under this section to a surviving spouse following the death of a member unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death, or unless such surviving spouse was married to said member at least one year prior to his or her retirement. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under the age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency.
(Added by Proposition C, Approved 11/8/2011)
Upon the death of a miscellaneous safety member resulting from any cause other than an injury received in, or illness caused by performance of duty,
(a) if the death occurred after qualification for service retirement under Section A8.609-2, or after retirement for service or because of disability which result from any cause other than an injury received in, or illness caused by performance of duty one-half of the retirement allowance to which the member would have been entitled if he or she had retired for service at the date of death or one-half of the retirement allowance as it was at his or her death, as the case may be, shall be continued throughout his or her life or until remarriage to his or her surviving spouse, or
(b) if his or her death occurred after the completion of at least 25 years of service in the aggregate but prior to the attainment of the age of 50 years, one-half of the retirement allowance to which he or she would have been entitled under Section A8.609-2 if he or she had attained the age of 50 years on the date of his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, or
(c) if his or her death occurred after retirement for disability by reason of injury received in or illness caused by performance of duty, one-half of his or her retirement allowance as it was at his or her death shall be continued throughout life or until remarriage to his or her surviving spouse, except that, if death occurred prior to qualification for service retirement allowance, the allowance continued shall be adjusted upon the date on which said member would have completed at least twenty-five (25) years of service in the aggregate and attained the age of fifty (50) years, in the same manner as it would have been adjusted had the member not died, or
(d) if his or her death occurred after completion of at least 10 years of service in the aggregate, computed as provided in Section A8.609-10, an allowance in an amount equal to the retirement allowance to which the member would have been entitled pursuant to Section A8.609-3 if he or she had retired on the date of death because of incapacity for performance of duty shall be paid throughout life or until remarriage to his or her surviving spouse. If there is no surviving spouse entitled to an allowance hereunder, or if he or she dies or remarries before every child of such deceased member attains the age of 18 years, then the allowance which the surviving spouse would have received had he or she lived and not remarried shall be paid to his or her child or children under said age, collectively, to continue until every such child dies or attains said age, provided that no child shall receive any allowance after marrying or attaining the age of 18 years. Should said member leave no surviving spouse and no children under age of 18 years, but leave a child or children, regardless of age, dependent upon him or her for support because partially or totally disabled and unable to earn a livelihood or a parent or parents dependent upon him or her for support, the child or children and the parents so dependent shall collectively receive a monthly allowance equal to that which a surviving spouse otherwise would have received, during such dependency. No allowance, however shall be paid under this Section to a surviving spouse unless he or she was married to the member prior to the date of the injury or onset of the illness which results in death if he or she had not retired, or unless he or she was married to the member at least one year prior to his or her retirement if he or she had retired.
The surviving spouse, in the event of death of the member after qualification for, but before service retirement, may elect before the first payment of the allowance, to receive the benefit provided in Section A8.609-8, in lieu of the allowance which otherwise would be continued to him or her under this Section. If there is no surviving spouse, the guardian of the eligible child or children may make such election, and if there are no such children, the dependent parent or parents may make such election.
(Added by Proposition C, Approved 11/8/2011)
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