Wood v. Board of Police & Fire Pension Commissioners

WOOD (W. J.), J.

Defendants have appealed from a judgment granting plaintiff’s petition for a peremptory writ of mandate and establishing petitioner’s right to a pension as the widow of a deceased police officer.

Ben N. Wood, while employed by the police department of the city of Long Beach, sustained injuries in the course of his employment which caused permanent disability. Upon his application the Board of Police and Fire Pension Commissioners of the city on March 30, 1936, directed that he be retired because of physical disability received in the discharge of his duties and directed that he be paid an annual pension as provided by subdivision 3 of section 187 of the Charter of Long Beach. Mr. Wood died on May 27, 1938, and in the following July the petitioner herein, widow of Ben 1ST. Wood, filed an application with defendant board for a pension, claiming that she was entitled thereto under the provisions of subdivision 4 of section 187 of the charter. The application having been denied, petitioner instituted the present proceeding to compel the board to pay to her the sum due as the widow of a retired police officer.

The petition contains two counts. The first count is based upon the claim that petitioner is entitled to a pension for the reason that Mr. Wood was retired for disability at the time of his death. The second count is based upon the' claim that petitioner is entitled to receive a pension because of the fact that Mr. Wood’s death resulted from injuries received during the course of his employment. The trial court made no finding on the second cause of action but found the facts in favor of petitioner on the first cause of action, and ordered the issuance of a writ of mandate compelling defendants to grant the application for a pension and to take such further action as might be necessary to cause to be paid to her the sum of $3,262.50, the sum due for past accruals.

[54]

The provisions for pensions for policemen are found in section 187 of the Charter of Long Beach. Subdivision 1 of this section provides for the creation of a board to be known as the Board of Police and Fire Pension Commissioners. Subdivision 2 provides that if a member has served in the department for 20 years or more he shall, on his application to the commission, or by order of the commission, if it be deemed for the good of the department, be retired from further service in such department and that thereafter he be paid a pension, the amount of which to be governed by the length of his service and the salary attached to the rank or position held by him one year prior to the date of his retirement. Subdivision 3 provides in part: “Whenever any member of the Police or Fire Department shall become physically disabled by reason of bodily injuries received in, or by reason of sickness caused by the discharge of duties of such person in such department, or shall become so physically or mentally disabled as a result of such injury or sickness as to render necessary his retirement from active service, the commission shall order and direct that such person be retired from further service in such department; and thereafter such person so retired shall, during his lifetime be paid from said pension fund a yearly pension equal to one-half (%) of the amount of the salary attached to the rank or position held by him in such department at the date of such retirement order.”