Davis

Plaintiff appeals an adverse judgment which denied his petition for writ of mandate and determined that certain Sacramento City Charter provi *359 sions were constitutional. Plaintiff, a Sacramento police officer from 1968 to 1979, retired for industrially incurred mental disability. The matter was submitted on stipulated facts and medical reports. The proceeding challenged the constitutionality of sections 413 and 415 of the Sacramento City Charter. Those sections provide:

Section 413: “Any member of this plan who becomes incapacitated for the performance of his duty by reason of any bodily injury or physical illness caused by or incurred in performance of his duty shall be retired on an industrial disability retirement if the incapacity of the member is of an extended and uncertain duration.”

Section 415: “Any member of this plan who becomes incapacitated for the performance of his duties by reason of bodily injury or physical or mental illness and who has completed ten (10) years of service in the aggregate shall be retired on an ordinary disability retirement allowance if the incapacity of the member is of an extended and uncertain duration and the member is not…