Retired Oakland Police Officers Ass'n v. Oakland Police & Fire Ret. Sys.

*787 The Oakland Police and Fire Retirement System (retirement system), the retirement system board, and the City of Oakland appeal a judgment granting a writ of mandate in favor of the Retired Oakland Police Officers Association, along with several system members and beneficiaries (collectively, the association) directing that master police officer-terrorism pay (MPO pay) be included in the calculation of pension benefits. Appellants contend the trial court erred in concluding that MPO pay is "compensation attached to ... rank" as required by the Oakland City Charter for inclusion in pension benefits. We agree and therefore shall reverse the order granting the association's petition.

Background

A. The Retirement System

The retirement system is governed by article XXVI of the Oakland City Charter. 1 All sworn police officers hired on or before June 30, 1976, are members of the retirement system. Those hired after that date are members of the separate, state-created Public Employee Retirement System.

Under the retirement system, a retiree's pension is a fixed percentage of the compensation currently "attached to the average rank" held by the retiree at the time of retirement.…