Lamb v. Board of County Peace Officers Retirement Commission

California Court of Appeal Nov 21, 1938 No. Civ. 11857Published

Before: McComb, Wood

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Holding. The court held that the legislature lacks constitutional authority to grant a retroactive pension to a public officer for services rendered prior to the enactment of the pension statute, as such a payment constitutes an unconstitutional gift of public funds.

Issues

Is a permanently disabled officer entitled to a pension under a retroactive statute when no retirement act was in force at the time of their service and injury?

Disposition. affirmed

Quotations verified verbatim against the opinion

“A pension is a gratuity when it is granted for services previously rendered and which at the time they were rendered gave rise to no legal obligation.”

“the legislature was without authority to adopt the portion of section 11 of Act 5848 set forth supra, which attempted to make the provisions of the pension act retroactive”

Opinion

29 Cal.App.2d 348 (1938) TRUMAN O. LAMB, Appellant,

BOARD OF COUNTY PEACE OFFICERS RETIREMENT COMMISSION OF LOS ANGELES CITY COUNTY et al., Respondents.

Civ. No. 11857. California Court of Appeals. Second Appellate District, Division Two.

November 21, 1938. Holbrook & Tarr and Leslie R. Tarr for Appellant.

J. H. O'Connor, County Counsel, and J. F. Moroney and Earl O. Lippold, Deputies County Counsel, for Respondents.

McComb, J.

From a judgment in favor of respondents after the trial court sustained a demurrer without leave to amend to a petition for a writ of mandate requiring the Board of County Peace Officers Retirement Commission of the County of Los Angeles to make an order allowing petitioner a retirement allowance petitioner appeals.

The material facts alleged in the petition for a writ of mandate are:

August 14, 1930, petitioner, a Los Angeles County motorcycle officer, received injuries while engaged in the performance of his duty, which totally and permanently disabled him. Thereafter he was awarded permanent disability compensation by the industrial accident commission of the state of California.

December 4, 1937, he applied to the Board of County Peace Officers Retirement Commission of the County of Los Angeles for a disability retirement allowance under the 1937 amendment to the County Peace Officers Retirement Act (Stats. 1931, chap. 268, p. 477; Act 5845, vol. Two, Deering's Gen. Laws, (1937) p. 2774). The last paragraph of section 11 of the act as amended reads as follows:

"Section retroactive. The provisions of this section shall be retroactive as to the past service of any member who shall be entitled to the benefits contained herein." (Stats. 1937, chap. 303, p. 665; vol. Two, Deering's Gen. Laws, (1937) Act 5848, p. 2778). This application was denied. [350]

[1] This is the sole question necessary for determination:

Lamb v. Board of County Peace Officers Retirement Commission

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