Carrick

This is an appeal from a judgment of mandate ordering the defendants to desist from deducting from the pay-roll furnished the city auditor any portion of petitioners’ wages, which deductions are retained by the city for the purpose of maintaining San Francisco City Employees’ Retirement System, which was established by ordinance in 1922. The ordinance provides that all employees of the city, with certain exceptions, must belong to this protective system. Included within one of the exceptions are firemen who are entitled to the benefits of firemen’s relief and pension fund, and petitioners claim to belong to this class. Besides the retirement system created by the ordinance, there are pension systems applicable to the police department, the fire department, etc. These pension systems were established long prior to the enactment of the ordinance in question. The retirement system is financially supported by deducting a certain percentage from each member’s salary, and the pension system is supported by public revenue and also the benefits are probably greater. Consequently it is more advantageous for a city employee or officer to be included within the pension system, and this is…