Anderson v. City of Long Beach

California Court of Appeal Jul 6, 1959 No. Civ. 23317Published

Before: White

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Holding. The court held that a uniform allowance paid to active police and fire personnel constituted salary, thereby entitling retired pensioners to a corresponding increase in their pension benefits, but ruled that prejudgment interest could not be recovered from the city.

Issues

Whether a 'uniform allowance' paid to active employees constitutes salary for the purpose of calculating pension benefits for retirees.
Whether retired pensioners are entitled to prejudgment interest on unpaid pension amounts from a municipality.

Disposition. Modified and affirmed

Quotations verified verbatim against the opinion

“The actual effect, not the wording, of the ordinance determines whether it is added remuneration for services rendered.”

“the court correctly determined that the pensions of petitioner-respondents should be based upon such increased compensation being paid to others later rendering the same services.”

“prejudgment interest can not be collected from a city under the provisions of section 3287 of the Civil Code”

WHITE, P. J.

The city of Long Beach appeals from the judgment which granted a peremptory writ of mandate requiring it “to adjust the pension account of each petitioner herein so as to include therein credit for the entire amount of pension payments to which each is and was legally entitled, based upon the applicable percentage of the entire amount of compensation that was actually provided for and paid to active members of equal rank throughout the period from October 1, 1954 to October 1, 1956, including the additional sum of $180.00 per annum, which was actually paid to each active member of the Police and Fire Department of the City of Long Beach pursuant to Ordinance No. C-3420 and the administrative regulations issued in connection therewith” and to pay to each petitioner the additional amount due him together with interest thereon at 7 per cent per annum.

Prior to October 1, 1954, each of the petitioners had retired from the police or fire department of the city (or was a widow or other dependent of a deceased policeman or fireman) and had been granted and paid a pension pursuant to the provisions of section 187 of the city charter, in monthly payments equal to the applicable percentage of the current salary provided for the position upon which such pension is based. Prior to October 1, 1954, each policeman or fireman had furnished his own uniforms as required by the city, receiving no reimbursement whatever for the amounts spent by them therefor.

Ordinance Number C-3420 became effective on October 1, 1954, and was repealed effectivé October 1, 1956. Section 3 thereof is as follows:

“The Git)'' of Long Beach shall reimburse said employees of the Police and Fire Departments for furnishing and maintaining such uniforms and accessories thereto in an amount to be determined by the City Manager, providing, however, that the total payment to each employee shall not exceed One Hundred Eighty Dollars ($180.00) per year.”

It was stipulated by the parties hereto that “no changes were made in the type of uniform or the regulations with respect to the wearing of such uniforms in the calendar j^ears 1954, 1955, or 1956, and that no affidavit or showing of any kind was required to be made by the various members of the

[701]

Anderson v. City of Long Beach

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WHITE, P. J.

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