James A. Picard - Page 25

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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           
               (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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Last modified: May 25, 2011