§ 16.89

Sections 16.89-3 through 16.89-14 are enacted pursuant to the provisions of Section 8.506-1 of the Charter to implement the provisions of Chapter 239 of the Statutes of 1972 and amendments thereto.

(Added by Ord. 15-73, App. 1/5/73)

The provisions of Sections 16.89-3 through 16.89-7 concern and are applicable only to teachers of the San Francisco Unified School District and the San Francisco Community College District who were members of the San Francisco City and County Employees' Retirement System on June 30, 1972, and who thereafter elected in accordance with Section 14116.4 of the Education Code, to be members solely of the State Teachers' Retirement System with respect to credentialed service rendered in the San Francisco Unified School District and the San Francisco Community College District and said sections do not concern and are not applicable to teachers of the San Francisco Unified School District or San Francisco Community College District who were members of the San Francisco City and County Employees' Retirement System on June 30, 1972, and who thereafter elected, in accordance with Section 14116.4 of the Education Code to be members of the San Francisco City and County Employees' Retirement System with respect to credentialed service rendered in the San Francisco Unified School District and the San Francisco Community College District.

(Added by Ord. 15-73, App. 1/5/73)

Any teacher who was a member of the State Teachers' Retirement System and the San Francisco City and County Employees' Retirement System because of credentialed service rendered in the San Francisco Unified Schools District or San Francisco Community College District and who prior to February 15, 1973, made an election pursuant to Subsection (F) of Section 8.509 of the Charter (formerly Section 165.2 of the Charter of 1932) to allow his accumulated contributions to remain in the Retirement Fund shall have the right to make the election provided in Section 14116.4 of Education Code.

(Added by Ord. 15-73, App. 1/5/73)

A teacher who elects, in accordance with Section 14116.4 of Education Code, to be a member of State Teachers' Retirement System shall not be prevented from participating in the benefits of the Health Service System because of such election; provided, such teacher would otherwise have been eligible to participate in the benefits of said Health Service System.

The contributions required of such teachers who are members of the Health Service System shall be equal to the contributions required from active employee members in the Health Service System.

Upon, and if otherwise eligible, such teacher retirement shall be considered a retired member for purposes of determining the contributions required of him pursuant to the provisions of Subsection (c) of Section 8.428 of the Charter.

(Added by Ord. 363-72, App. 12/20/72)

Upon the death, prior to retirement, of a teacher who is a member of the State Teachers' Retirement System and who has elected to retain credit in the San Francisco City and County Employees' Retirement System for adult program or evening school service or for classified or other noncertificated service, a death benefit shall be paid to his estate or designated beneficiary consisting of the sum of $1,000 plus his accumulated contributions and interest credited thereon; provided, however, that said sum of $1,000 shall not be payable if there is payable by the State Teachers' Retirement System a lump sum death benefit.

(Added by Ord. 15-73, App. 1/5/73)

Teachers first employed by the San Francisco Unified School District or San Francisco Community College District after June 30, 1972, shall not be prevented from participating in the benefits of the Health Service System because such teachers are not members of the San Francisco City and County Employees' Retirement System and they shall be entitled to participate in the benefits of the Health Service System if they are otherwise eligible to participate in the benefits of that system. The contributions required of such teachers who are members of the Health Service System shall be equal to the contributions required from active employee members in the Health Service System.

Upon retirement under the State Teachers' Retirement System and, if otherwise eligible, such teachers shall be considered retired members for purposes of determining the contributions required of them pursuant to the provisions of Subsection (c) of Section 8.428 of the Charter.

(Added by Ord. 363-72, App. 12/20/72)

At the time of the making of the election provided by Section 14116.4 of the Education Code, a teacher having credit in the San Francisco City and County Employees' Retirement System for adult program or evening school service or for classified or other noncertificated service who elects to be a member solely of the State Teachers' Retirement System with respect to credentialed service rendered in the San Francisco Unified School District or the San Francisco Community College District shall also make an irrevocable election either to retain credit in the San Francisco City and County Employees' Retirement System for such service or to have his accumulated contributions attributable to such service, together with interest credited thereon, refunded to him.

If a teacher elects to have his accumulated contributions attributable to such service refunded, he shall be entitled to refund only of those contributions attributable to adult program or evening school service for which he is not entitled to credit in the State Teachers' Retirement System.

If a teacher elects to retain credit in the San Francisco City and County Employees' Retirement System for adult program or evening school service, he shall be entitled to credit in said retirement system for all adult program or evening school service which he renders after June 30, 1972, in the San Francisco Unified School District and San Francisco Community College District and shall make contributions to the Retirement Fund by way of deduction from each payment of compensation for such service in accordance with such teacher's rate of contribution.

If a teacher elects to retain credit in the San Francisco City and County Employees' Retirement System for adult program or evening school service or for classified or other noncertificated service, at the time of his retirement for service under the State Teachers' Retirement System, he shall be entitled to receive from the San Francisco City and County Employees' Retirement System a retirement allowance as follows:

(a) If such teacher is not qualified for service retirement under the San Francisco City and County Employees' Retirement System on the basis of service credited in said retirement system, his retirement allowance shall be the actuarial equivalent of his accumulated contributions attributable to his credited service, with interest credited thereon, and an equal amount of the contributions of the Unified School District or the Community College District.

nt under the San Francisco City and County Employees' Retirement System on the basis of service credited in said retirement system, his retirement allowance shall be the actuarial equivalent of his accumulated contributions attributable to his credited service, with interest credited thereon, and an equal amount of the contributions of the Unified School District or the Community College District.

(b) If such teacher is qualified for service retirement by reason of service credited in the San Francisco City and County Employees' Retirement System and his retirement is first effective after his attainment of the age of 60 years, his retirement allowance shall be at the rate of two percent of his average final compensation for each year of such credited service in the San Francisco City and County Employees' Retirement System. The service retirement allowance of such teacher retiring prior to attaining the age of 60 years shall be such as can be provided at the age of retirement by the actuarial value, at the age of retirement, of the retirement allowance to which he would be entitled upon retirement at age 60 with the service credited at the date of actual retirement.

For purposes of this subsection, a teacher shall be deemed to be qualified for service retirement if he would have been qualified for service retirement under the San Francisco City and County Employees' Retirement System on the basis of his credited service in said retirement system plus such certificated service as would have been credited under said retirement system if he had not elected to become a member of the State Teachers' Retirement System with respect to certificated service rendered after June 30, 1972.

"Average final compensation," as used in this subsection, shall mean the average monthly compensation earned by such teacher during any year of credited service in the San Francisco City and County Employees' Retirement System or State Teachers' Retirement System in which his average final compensation is the highest.

For the sole purpose of determining qualification for service retirement under this subsection, 36 hours or more of service shall be deemed a year of service.

(Amended by Ord. 286-74, App. 6/6/74)

The Retirement System shall deposit with the State Teachers' Retirement System as of July 1, 1973, the amounts required pursuant to Section 14116.11 of Education Code.

If the accumulated contributions of a teacher are less than the amount required to be deposited with the State Teachers' Retirement System with respect to such teacher, the necessary additional funds shall be provided from the accumulated reserves attributable of the Unified School District or Community College District; provided, however, that any shortage in the accumulated contribution account of a teacher which results from any of the following circumstances shall be the liability of such teacher and it shall be his responsibility to deposit the amount of such shortage with the State Teachers' Retirement System:

(a) Reduction of contributions to the Retirement System by the amount of social security tax;

(b) Use of a part of accumulated contributions for retroactive social security coverage;

(c) Failure to redeposit previously withdrawn contributions;

(d) Age correction,

(e) Payroll error resulting in insufficient deduction for Retirement System contribution;

(f) Membership under Section 8.507 of the Charter (formerly Section 165 of the Charter of 1932).

If the accumulated contributions of a teacher are in excess of the amount required to be deposited with the State Teachers' Retirement System, the amount of such excess shall be refunded to such teacher.

For the purposes of this Section, "accumulated contributions" shall mean the accumulated contributions of a teacher attributable to credentialed service rendered by such teacher pursuant to his contract with the San Francisco Unified School District or San Francisco Community College District for time since July 1, 1956, and said accumulated contributions attributable to all credentialed service rendered by such teacher with the San Francisco Unified School District or San Francisco Community College District for time prior to July 1, 1956. Any amount of contributions in excess of those defined in the preceding sentence shall be refunded to the teacher.

(Added by Ord. 15-73, App. 1/5/73)

Teachers first employed by the San Francisco Unified School District or San Francisco Community College District after June 30, 1972, shall not be entitled to receive credit in the San Francisco City and County Employees' Retirement System for any service rendered in the San Francisco Unified School District or San Francisco Community College District.

(Added by Ord. 15-73, App. 1/5/73)

Upon retirement under the San Francisco City and County Employees' Retirement System, a teacher shall receive from said Retirement System a benefit which shall be the permanent fund benefit which such teacher had earned through June 30, 1972, as a member of the State Teachers' Retirement System as such benefit existed in Subdivision (a) of Section 14240 of the Education Code on June 30, 1972.

A teacher may elect to waive the benefit provided in the immediately preceding paragraph of this Section and to receive in lieu thereof a refund of the permanent fund contributions credited to his account with the San Francisco City and County Employees' Retirement System. Such election shall be made on a form prescribed by the Retirement Board and shall be filed at the office of the Retirement Board on or before December 31, 1974. Such election shall be irrevocable upon its being filed. A teacher who does not elect in accordance with the provisions of this paragraph to receive a refund of the permanent fund contributions credited to his account shall be entitled only to the benefit provided in the immediately preceding paragraph of this Section.

(Amended by Ord. 192-74, App. 4/18/74)

The General Manager, San Francisco City and County Employees' Retirement System, is hereby authorized to perform any and all acts, including but not limited to execution of agreements concerning administrative details and certification of records, necessary to implement the provisions of Chapter 239 of the Statutes of 1972 and amendments thereto and of Sections 16.89-1 through 16.89-10 of this Code.

(Added by Ord. 15-73, App. 1/5/73)

A person who was a member of the State Teachers' Retirement System on June 30, 1972, and to whom accumulated contributions were previously refunded by the San Francisco City and County Employees' Retirement System may redeposit with said Retirement System in one lump sum (1) an amount equal to the accumulated contributions previously refunded and (2) an amount equal to the interest which would have been credited to his account at the date of his election to redeposit had such contributions not been refunded.

Such person shall have the right to redeposit without re-entry into the San Francisco City and County Employees' Retirement System, provided that, at the time such person terminated City and County service, he was not eligible to make the election provided in Subsection (F) of Section 8.509 of the Charter (formerly Section 165.2 of the Charter of 1932).

(Added by Ord. 15-73, App. 1/5/73)