Skaggs

From a judgment awarding plaintiff the recovery of certain sums found to be due him as pension payments from the city and declaring his right to receive the pension in the future, both parties appeal. Defendant attacks the judgment in its entirety, while plaintiff appeals from the portion thereof which denies him recovery of pension payments for a period of some five years preceding the date from which the court determined the past due payments should be computed. We have concluded that plaintiff should prevail with respect to both appeals.

The facts are not disputed and findings were waived by the parties. On April 1, 1925, plaintiff became a police officer of the city of Los Angeles, and on April 1, 1945, he completed 20 years of aggregate service in the police department and became eligible to retire upon a service pension. During his period of service to the city, 4 per cent of his salary was deducted and paid into the police,, pension fund as required by section 186% of the Los Angeles city charter. Some three months later, on July 4, 1945, he was arrested on suspicion of having committed bribery on the previous day, and on July 5, 1945, the chief of police relieved…