Allen v. City of Long Beach

GIBSON, C. J.

— On March 29,1945, the city of Long Beach undertook to withdraw substantially all pension rights granted by section 187 of its charter to employees of the police and fire departments, and we held that the action of the city was invalid as to persons employed before that date.

(Kern

v.

City of Long Beach,

29 Cal.2d 848 [179 P.2d 799].) Those who thereafter entered the police and fire departments were offered no pension benefits until 1950 when the city entered into a contract with the state, pursuant to section 20450 et seq. of the Government Code, for the purpose of making such persons members of the state employees’ retirement system. In 1951 section 187.2 of the charter was enacted altering the pension rights of policemen and firemen employed prior to March 29, 194fi.

Plaintiffs are members of the police and fire departments, and their employment commenced before March 29, 1945. They brought these actions in declaratory relief seeking a determination of their rights under the charter as amended, and the actions were consolidated for trial. Judgment was rendered upholding two changes in plaintiffs’ pension rights and invalidating a third, and all parties have appealed from the judgment.

The 1951 changes in pension rights involved here are: ■

(1) The amount of each employee’s contribution to the city retirement system was, raised from 2 per cent of his salary to 10 per cent; •

(2) The method of computing the pension benefits payable to employees retiring after 25 years of service was altered to provide for payment of a fixed rather than a fluctuating amount; and

(3) Employees absent by reason of military service were required, upon reinstatement to city employment, to pay into the retirement fund an amount equal to that which would have been deducted from their salaries had they not been absent. Prior to enactment of section 187.2 no such contri

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butions were required from any employee returning from leave of absence granted for military or other purposes.