Brooks

Brooks v. City of Los Angeles

Good Law
1966 Cal. App. LEXIS 1693·243 Cal. App. 2d 436·52 Cal. Rptr. 392
Court of Appeal of CaliforniaJuly 12, 1966Civ. No. 29814; Civ. No. 29815California3,148 words

Opinion

Lead Opinion

Wood, J.

Plaintiffs, in these two consolidated declaratory-relief actions, were retired, at their requests, for disability from further service as members of the Fire or Police Departments of the City of Los Angeles. The plaintiffs in the *438 Brooks action were retired for “service-connected” disability under section 182 of the Los Angeles City Charter; and the plaintiffs in the Schauf action were retired for “non-service-connected” disability under section 182% of the charter. Since their retirement, the plaintiffs have received “disability” pensions, and they have not been restored to active duty. .]

Plaintiffs seek a declaration that under section 181 of the charter they are now entitled (after expiration of 20 years or more from their employment dates) to “service” pensions (rather than the “disability” pensions which they have been and are now receiving under sections 182 and 182%). Section 181 (hereinafter quoted) provides for pensions for members of the fire or police departments who have served for 20 years or more. j

Bach plaintiff claims that, under a certain provision of section 181 regarding computation of period of service, the period of time during which he has been on…

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