Hafey

These actions (consolidated on appeal) seek determination of rights under the police and fire department retirement ordinances of the city of Berkeley. Plaintiffs are retired department members and widows of firemen and policemen, all of whom were receiving retirement pensions. They asserted a right to retirement allowances in excess of the amounts being paid to them. Judgment directed payment of additional amounts, and declared plaintiffs’ right to like larger payments in the future. Defendants (the city and its pension boards) appeal.

The ordinances provide for payment to retired policemen and firemen of a proportion (one-half or two-thirds, depending upon length of service) “of the average salary attached to the rank or ranks held during the three years immediately preceding the date of retirement.” This provision has been construed as basing the pension upon the fluctuating salary of the rank at which the employee retired. Thus, when the salary of the rank held at retirement is increased, the retirement pension increases proportionately. (Terry v. City of Berkeley, 41 Cal.2d 698 [ 263 P.2d 833 ]; see also Eiehelberger v. City of Berkeley, 46 Cal.2d 182 [ 293 P.2d 1 ].) In…