Babbitt v. Wilson

Opinion

MUNDT, J.

*

This is a mandate action commenced in the Superior Court in and for Sacramento County by Eugene F. Babbitt, the respondent here. He challenged the application to him of certain amendments to the retirement provisions of the Charter of the City of Sacramento which were made after he entered upon his employment with the city but before he was retired for disability incurred in the line of duty. The trial court entered a peremptory writ of mandate commanding appellants to fix respondent’s pension rights under the disability retirement system in effect at the time he entered upon his employment and to make payments accordingly. The issue

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was submitted to the trial court by a record consisting of the pleadings and documents and certain exhibits introduced into evidence. There was no oral testimony. The provisions of the Charter of the City of Sacramento, while introduced as exhibits, are the subject of judicial notice. Appellants have appealed from the court order.

The facts are that the respondent Babbitt entered into employment with the City of Sacramento as a police officer on December 12, 1949. At the time he entered upon his employment, the provisions of the Charter of the City of Sacramento setting forth the retirement benefits for policemen and firemen were contained in section 175. At that time it was provided that disability retirement would be 75 percent of the average compensation earned by a member during the 10 years immediately preceding his retirement. The charter was amended effective July 1, 1953, and the retirement benefits to the police and firemen were modified by expressly substituting the provisions contained in sections 175.13 to 175.26, inclusive, for the provisions of section 175. It was there provided that disability retirement be fixed at one-half of the retired person’s earnings based on an average of the three highest years of employment; a benefit clause to the surviving spouse, children or parents, as well as a lump sum death benefit of $500, were also included.

Respondent retired in February of 1966 as a result of disability incurred in the course of his employment. The appellants proceeded to pay retirement benefits pursuant to the law as amended in 1953, said payments netting respondent $91 per month less than he would have received under the 1949 disability retirement provisions. Actually, had the respondent retired under the provisions of the law in effect at the time of the commencement of his employment, he would have received a monthly benefit of $422.48. His monthly benefit received under the 1953 amendment came to $331.92, which we will discuss later in this opinion, The trial court determined that the detriment incurred by the respondent under the 1953 amendments was unreasonable and was not attended by any advantages of such a nature as to justify the reduction in the pension allowance. The findings support the judgment. It is the rule in California that an employee’s contractual pension rights are considered vested in that he has a right to a substantial, reasonable pension; alterations of pension rights are permitted only where such modifications are reasonable.