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shall be entitled to retire at any time thereafter and
nothing shall deprive said member of said right.
(h) The age of a member which was accepted for appointment
to the Police or Fire Department shall be admissible in
evidence as prima facie proof of his age for retirement
purposes.
(i) If, at the date of retirement for service or
disability, said member has no wife, children or
dependent parents, who would qualify for the
continuance of the allowance after the death of said
member, or with respect to the portion of the allowance
which would not be continued, regardless of dependents,
a member retired under this Article may elect, before
the first payment of the retirement allowance is made,
to receive the actuarial equivalent of his allowance or
the portion which would not be continued, regardless of
dependents, as the case may be, partly in a lesser
amount 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 of the conditions prescribed by
the Council to govern similar election by members of
the Oakland Municipal Employees' Retirement System.
(Amended by: Stats. June 1976.)
(j) The retirement allowances payable pursuant to this
section are subject to the limitations provided by
Section 2620. This subsection shall be null and void
and without further effect should the United States
Internal Revenue Code Section 415 be amended to exempt
municipal pension plans from the stated benefit
limitations. (Added by: Stats. November 1992.)
Time and Service to be Included
Section 2609. The following time and service shall be
included in the computation of the service to be credited to a
member for the purpose of qualification for retirement and death
benefits and for calculation of retirement benefits:
(1) Time during and for which said member received
compensation as a member of the Police or Fire Department prior
or subsequent to the effective date of this Article, including
all such time said member was unable to perform his duties by
reason of injury or sickness from any cause.
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