Jones

Each plaintiff was employed more than 20 years in the fire or police department of the City of Los Angeles, and retired under the provisions of section 181 of the city charter on a fixed monthly pension. Plaintiffs dispute the city’s computation of their pensions, claiming the city has *820 misinterpreted section 181 in figuring amounts due them as pensioners.

Section 181 provides that a retired member of the fire or police department shall be paid for twenty years’ aggregate service a pension of “forty percent (40%) of the average monthly rate of salary assigned to the ranks or positions held by such member during the three years immediately preceding the date of retirement.” This controversy involves an interpretation of the meaning of the phrase “ranks or positions” in the section and poses these questions: Does one who receives a raise in salary because of length of time in service hold a different rank or position from the one he held before the raise ?

Does one who receives a step-pay increase while holding a given rank or position thereafter occupy a different rank or position although continuing to perform the same duties as before?

To understand the positions taken by…