Filian v. City of Long Beach

FOX, J.

Defendants are appealing from that portion of the judgment directing that a peremptory writ of mandate issue commanding them to make and enter an order granting to petitioners Diane M. Filian and Ronald K. Filian the dependent’s pension provided by section 187, subdivision (4) of the Long Beach city charter.

The only question raised by the appeal is the interpretation to be given said charter provision, the pertinent parts of which read as follows: “ (4) Whenever any member of the . . . Fire Department shall die as a result of an injury received during the performance of his duty, . . . then an annual pension shall be paid in equal monthly installments to his widow, or child or children, or dependent parent or

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parents, in an amount equal to one-half

(%)

of the salary attached to the rank or position which such deceased person held in such department at the time of his death. . . . Said pension shall be paid to the widow during her lifetime, and thereafter to any child or children surviving her, or to his child or children should there be no widow, until such child or children shall have attained the age of eighteen years, or to his dependent parent or parents during their lifetime or during such dependency, should there be no widow or child. Provided, however, that no widow of a pensioner shall be entitled to a pension unless she shall have been married to such deceased pensioner at least one year prior to the date of his

death;

and provided further, that if such widow, child or children, shall marry, then the pension paid to the person so marrying shall cease; and provided further, that should the dependency of such parent or parents terminate, then the pension paid to such dependent parent or parents shall cease. ’ ’

Elmer J. Filian, a member of the fire department of the city of Long Beach, while performing his duties as a fireman received injuries which caused his death on October 9, 1946. Respondent Thelma M. Filian is his widow and respondents Ronald K. Filian and Diane M. Filian are their minor children. Thelma remarried on December 9, 1948.