§ A8.540

MEMBERS OF THE POLICE DEPARTMENT ON JANUARY 8, 1932

Persons who are members of the police department on the eighth day of January, 1932, shall become members of the Retirement System on that date, subject to the following provisions in addition to the provisions contained in Sections 3.670, 3.672, 8.500, 8.502, 8.510, 8.511, 8.520, and 8.560 of this Charter:

a.

Any member of the department who has arrived or shall arrive at the age of 62 years, and who has completed 30 years of continuous service as an active member of the department next preceding his retirement, may retire from service at his option, provided that retirement shall be compulsory at the age of 70 years. Such retired member shall receive a monthly pension, payable throughout his life, equal to one-half of the amount of the monthly salary attached to the rank held by him three years prior to the date of his retirement, hereinafter referred to in this section and Section 8.542 as a “pension.”

Before the first payment of the pension is made, such retired member may elect to receive the actuarial equivalent of his pension, partly in a pension to be received by him throughout his life, and partly in other benefits payable after his death to another person or persons, provided that such election shall be subject to all the conditions prescribed by the Board of Supervisors to govern similar elections by other members of the Retirement System, including the character and amount of such other benefits.

b.

Any member of the department who shall become physically disabled by reason of any bodily injury received in the performance of his duty, may be retired upon a monthly pension, as defined in subdivision (a), of this section, payable throughout his life. In case his disability shall cease, his pension shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement.

c.

The family of any member of the department who may be killed or injured while in the performance of his duties, and who shall have died within 3 years from the date of such injury as a result of such injury, shall receive the following benefits and the receipt by such member of a pension under this section during his lifetime shall not bar said family from such benefits:

First, should the decedent leave a widow to whom he was married prior to the date of the injury resulting in death, such widow shall, as long as she may live and remain unmarried, be paid a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his said injury; provided, however, that should said widow die, leaving a child or children under the age of 16 years, said pension shall continue to such child or such children collectively until the youngest child arrives at the age of 16 years.

Second, should the decedent leave no widow, but leave an orphan child or children under the age of 16 years, such child or children collectively shall receive a monthly pension equal to one-half of the salary attached to the rank held by their father at the time of his said injury until the youngest attains the age of 16 years.

Third, should the decedent leave no widow and no orphan child or children, but leave a parent or parents depending solely upon him for support, such parents, so depending, shall collectively receive a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his said injury during such time as the retirement board may unanimously determine its necessity.

d.

A sum equal to the contributions, with interest, made by persons who become members of the Retirement System under this section to any other pension fund, shall be paid by the City and County to the Retirement System. Each member of the department shall contribute $2 per month to the Retirement System to be applied on the cost of the benefits at death and retirement provided under this section. Should a member be separated from City service through any cause other than death or retirement, then such contributions with interest shall be refunded to him under such conditions as may be fixed by the Board of Supervisors for the refund of contributions of other members of the Retirement System.

e.

When any member of the department shall die from natural causes and before retirement, there shall be paid to his estate or beneficiary a death benefit, the amount of which and the conditions for the payment of which shall be determined in the manner prescribed by the Board of Supervisors for the death benefit of other members of the Retirement System.

Upon the death of a member after retirement and regardless of the cause of death, a death benefit shall be paid to his estate or designated beneficiary, the amount of which and the conditions for payment of which shall be determined in the manner prescribed by the Board of Supervisors for the payment of a similar death benefit upon the death of other retired members.

f.

In addition to the other contributions required of the City and County under the Retirement System, the City and County shall contribute to the Retirement System during each fiscal year a sum which, together with the members’ contributions provided for in subdivision (d) of this section, shall be equal to the liabilities accruing under the Retirement System because of the service rendered during such year by persons becoming members on the 8th day of January, 1932, under this section. If, subsequent to such fiscal year, it shall be determined that such contributions by the City and County, together with the members’ contributions, was not sufficient to meet such liability, then the City and County shall make such additional contributions as may be necessary to make up the deficit.

g.

No benefits shall be provided under the Retirement System for, nor shall any contribution be required of, persons who become members of the Retirement System under this section, in addition to the benefits specifically provided and contributions specifically required in such section.

That portion of any pension payable because of the death or retirement of any such person which is provided by contributions of the City and County shall be reduced, in the manner fixed by the Board of Supervisors, by the amount of any benefits payable to or on account of such person, under the workers’ compensation insurance and safety law of the State of California.

h.

Persons who were members of the police department on the eighth day of January, 1932, shall have the option, to be exercised in writing on or before the first day of January, 1936, of becoming members of the Retirement System under the provisions of Section 8.543, which applies to persons who become members of the department after the 8th day of January, 1932. If such persons shall affirmatively exercise such option within the time specified, then on and after the first day of the month next following such affirmative action, referred hereinafter in this subdivision (h) as “effective date,” they shall not receive any benefit or make any contribution under this section, but on and after said effective date shall be members of the Retirement System and shall receive benefits and make contributions on the same basis as persons who become members of the department after the 8th day of January, 1932, provided that a pension for each person affirmatively exercising such option shall be payable on account of service rendered to the City and County prior to said effective date, by such members’ contributions made prior to such effective date, with interest, and by contributions of the City and County, which pension shall be the same percentage regardless of the age of retirement, of his final compensation, as defined by the Board of Supervisors, for each year of such service, as the contributions of the member and the City and County are calculated to provide upon retirement at age 62 for each year of service rendered as a member of the Retirement System.

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