Godshalk

*462 Opinion

Theodore A. Godshalk (plaintiff) appeals from a judgment for the City of San Diego (City) in an action seeking declaratory relief with respect to plaintiff’s right to- receive a disability pension.

Plaintiff was employed by City’s fire department from October 28, 1942 until May 22, 1955, when he suffered a severe heart attack which made it permanently impossible for him to work. For five years prior to the heart attack he had held the position of engineer.

On May 27, 1955, A. C. Penrose, acting chief of the fire department, notified the Board of Trustees of the Police and Fire Retirement System (Board of Trustees) of plaintiff’s heart attack.

On May 31, 1955, Board of Trustees took action reflected in its minutes as follows: “The disability of Fire Engineer Theodore A. Godshalk was reported as of May 22, 1955. Disability due to Coronary Thrombosis. Engineer Godshalk was absent from duty from May 22, 1955 until further notice.” The minutes of the meeting held May 31, 1955 contained only the foregoing with regard to plaintiff.

A printed form of notice over the signatures of the Chairman and Secre> tary of Board of Trustees to the City Auditor and Controller and…