Power v. Sheriffs' Relief Assn.

DRAPEAU, J. pro tem.

Sheriffs’ Belief Association of Los Angeles County, State of California, is an unincorporated mutual benefit association, its membership limited to civil-service employees of the Los Angeles County Sheriff’s Office. Bights of members are governed and controlled by a constitution and by-laws.

In 1924 and 1925 the four plaintiffs in this action became members of the association. Two of them are living, and two of them are appearing by their personal representatives; but this circumstance makes no difference so far as the principles of the case are concerned.

In 1934 and 1935 the four plaintiffs retired from the sheriff’s office, each receiving a pension of less than $100 per month. The constitution and by-laws of the association provided that in such event the retiring member retained his membership, and if he was sick and disabled, he was entitled to benefits of $40 per month. Bach of the plaintiffs was sick and disabled and thereafter received sick benefits of $40 per month provided by the by-laws. In 1941 the association amended its by-laws in such manner as to terminate all sick benefits to retired members receiving pensions of less than $100 per month. In other words, by amendment to its by-laws, the association discontinued the sick benefits of $40 per month being paid to each of the plaintiffs.

Plaintiffs then brought this action seeking to compel the payment to each of them of $40 per month. The issues were submitted to the superior court on an agreed statement of facts, and judgment followed against the plaintiffs.

When the plaintiffs became members of the association, they subscribed their names to, and agreed to be governed not only by the constitution and by-laws then in force, but also by any amendment which might thereafter be added thereto. Defendant association contends that it had plenary power to amend the by-laws and to thereby discontinue the payments it was

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making to plaintiffs. This is the sole question involved on this appeal.

The relationship between its individual members and a voluntary association such as the defendant is contractual in nature and is controlled by the constitution and by-laws. Members have no vested right in or to sick benefits, and by-laws governing the payment thereof may be amended even during the period during which they are being paid.