Hostetter

— The question presented on this appeal is whether the City of Los Angeles was entitled to deduct from each payment made to a disabled fireman an amount as a contribution to the fire and police pension fund pursuant to a provision of the city charter. The trial court held that such deduction was improper. The City of Los Angeles has appealed from the judgment granting a peremptory writ of mandate.

The petitioner, an employee of the fire department of the city, became disabled because of an injury received in the course and scope of his employment. His disability was of such a nature that he was unable to return to duty. Payments were made to him pursuant to the provisions of section 24 of ordinance No. 89,935. The challenged deduction (which counsel for the city characterize as a retention) was made on the assumption that the provisions of section 186% of the city charter were applicable to each payment.

The city argues that the “deduction” of 6 percent of the amount of salary is actually a retention which, as credited to the fire and police pension fund, constitutes public moneys rather than an amount as to which the employee has any property interest since there is no…