Puckett

The Orange County Board of Retirement (Board) appeals a judgment ordering it to change the effective date of Stephen Puckett’s disability retirement. Puckett had applied for disability retirement from his job as a firefighter and, while his application was pending, worked at a lower-paying county position. The issue on appeal is whether Puckett was entitled to retirement payments while working at the second job. The trial court determined he was. We have concluded the trial court correctly determined the commencement date of Puckett’s retirement allowance, but erroneously failed to order an offset for the compensation he received at the second job.

Facts

The parties stipulated to the following facts. Puckett was employed as a fire apparatus engineer by the county, a position involving firefighting duties. He developed psychiatric problems and applied for disability retirement in April 1983. While his application was pending, Puckett was reassigned to a lower-paying position as a mechanic’s helper. He received compensation as a fire apparatus engineer through November 11, 1983, at which time his lower salary as mechanic’s helper became effective.

The Board approved…