§ A8.520

CONTINUOUS SERVICE

a.

Continuous service shall be defined by the Board of Supervisors, but the absence prior to September 14, 1940, of any officer or employee of the City and County from service caused by reason of the service of such officer or employee in the military or naval forces of the United States in any war in which the United States has engaged, shall not be deemed to be absence from service for the purposes of the Retirement System and such officer or employee shall receive credit under the Retirement System, for the period of such absence, in the same manner as if he had not been absent.

On and after September 14, 1940, a member is absent on military service when he is absent from City service by reason of:

1.

service with the armed forces of the United States or the State of California;

2.

service on ships operated by or for the United States government when such service is granted as “military leave” pursuant to section 3.670 and 3.671 of the Charter;

3.

service connected with the war effort for which leaves of absence shall be authorized pursuant to Sections 3.670 and 3.671 of the Charter; or

4.

any other service, under an order of the government of the United States or the State of California, or by lawful order of any of the departments or offices of said governments, provided that such absence in any of such services occurs:

A.

either during a war involving the United States as a belligerent or in time of national emergency, declared by the President of the United States or by the Congress, and for such time thereafter as may be provided by rule of the civil service commission, but not to exceed two years after the proclamation of peace, except in case of disability incurred in line of duty with said armed forces or said ships when such disability extends beyond such period; or

B.

in time of peace if he is drafted for such services by the United States government or volunteers for such service while subject to such draft.

For the purpose of this section a war involving the United States as a belligerent exists:

1.

whenever Congress has declared any war which has not been terminated by a truce, treaty of peace, or otherwise;

2.

whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared; or

3.

whenever the United States is assisting the United Nations, in actions involving the use of armed force, to maintain or restore international peace and security.

b.

Any member so absent on military service may contribute to the Retirement System during such absence, at times and in the manner prescribed by the board, amounts equal to the contributions which would have been made by him to the system on the basis of his compensation earnable at the commencement of his absence, if he had remained in City service.

Any member who makes the contributions as provided in the preceding paragraph shall receive credit for the absence as service in the manner as if he had not been absent. If, however, a member does not affirmatively exercise the option herein provided, or if he exercised it affirmatively and defaults in any of the contributions due to the Retirement System under said election, and in either event if such contributions are not made for him, he shall be considered absent during the period for which no contributions are made, and he shall not receive credit as service for the City and County for such period; but the absence during such period shall not break the continuity of such service required of such member to entitle him to a retirement allowance, as provided under the Retirement System.

Any member who was absent on military service and who did not make the contributions as provided in this section, and whose contributions are not paid for him by the City and County as provided herein, may make such contributions upon his return to City service at times and in the manner prescribed by the board. If he does so contribute, he shall receive credit for the absence as service in the same manner as if he had not been absent.

When a member makes the contributions as provided herein, the same contributions shall be made by the City and County, in respect to such absence, that would have been made if the member had not been absent on military service, except that such contributions shall be determined by the employer’s rate of contribution in effect when such contributions are made, and on the basis of his compensation earnable at the commencement of his absence.

c.

Notwithstanding other provisions of this Charter to the contrary, the City and County shall contribute for each member of this system who was absent on military service after September 14, 1940, amounts equal to the contribution which would have been made by such member and the City and County of San Francisco on the basis of his compensation earnable at the commencement of his absence, provided that the member’s base pay in such military service is less than $100 per month, and provided, further:

1.

that if the absence in military service was by reason of service in the armed forces of the United States;

2.

that the absence began on or after June 25, 1950; and

3.

that the member’s base pay in such service was less than $250 per month, the City and County shall pay the contributions which would have been made by both the member and the City and County on the basis of his compensation earnable at the commencement of his absence. Contributions made by the City and County, in lieu of contributions which otherwise would be required of the member, shall be administered as if made by said member as normal contributions. Any such member who exercises or did exercise the right to contribute to the system during the period of absence on military service, and whose contributions otherwise would be paid by the City and County under this section, shall have his contributions plus credited interest, refunded.

d.

Absence commencing on or after December 7, 1941, of any member of the Retirement System from City service caused by reason of his evacuation or exclusion from the City and County by an authorized military commander because such member was of Japanese ancestry shall not be deemed to be absent from service for purposes of the Retirement System, for the period of such absence, provided that he returned to City service within one year after the termination of his evacuation or exclusion, and provided further that upon his return to City service, and at times and in the manner prescribed by the retirement board, he elects to contribute to the Retirement System amounts equal to the contributions which would have been made by him to the system on the basis of his compensation earnable at the commencement of his absence, if he had remained in City service.

Any member who makes the contributions as provided in the preceding paragraph shall receive credit under the Retirement System for the absence as service in the same manner as if he had not been absent. If, however, a member does not affirmatively elect to make such contributions as herein provided, or if he affirmatively elects to make such contributions and defaults in any of the contributions due to the Retirement System as herein provided, he shall be considered absent during the period for which no contributions are made, and he shall not receive credit in the Retirement System as service for the City and County for such period; but the absence during such period shall not break the continuity of such service required of such member to entitle him to a retirement allowance as provided under the Retirement System.

When a member makes the contributions as provided herein, the same contributions shall be made by the City and County in respect to such absence that would have been made by the City and County if the member had not been absent because of such evacuation or exclusion, except that such contributions shall be determined by the employer’s rate of contribution in effect when such contributions are made, and on the basis of his compensation earnable at the commencement of his absence.

e.

Notwithstanding any other provision of this Charter, any member who entered military service from a position with the Market Street Railway Company, was absent on such military service on September 29, 1944, and thereafter commenced employment with the Municipal Railway of the City and County of San Francisco within one year after his discharge from such military service, shall have the right to elect to make contributions as provided in this section and to receive credit in this system as City service for all or any part of the time on and after September 29, 1944, during which he was in such military service.

Any member who elects, pursuant to this section, to make contributions and to receive credit for such time, shall contribute to the Retirement System an amount determined by applying the rate of contribution first applicable to him on the effective date of his membership in the Retirement System to the monthly compensation earnable by him on said date, together with interest on said amount at the rate of interest being used from time to time under the Retirement System.

The Board of Supervisors shall provide by ordinance the time and manner for making said contributions and for the crediting of such service as City service.

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