Chaney v. Los Angeles County Peace Officers' Retirement Board

California Court of Appeal Jun 26, 1943 No. Civ. 14057Published

Before: McComb

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Holding. A widow is entitled to a pension under the version of the statute in effect at the time of her husband's retirement, as subsequent amendments to the statute are presumed to be prospective and do not retroactively divest her of those rights.

Issues

Is a widow entitled to a pension under a statutory provision that was in effect at the time of her husband's retirement but was amended prior to his death?

Disposition. affirmed

Quotations verified verbatim against the opinion

“Statutes are to be given prospective effect and not retrospective effect, unless the latter effect is made compulsory by the very language of the statute itself.”

“the effect of the section was merely to afford members who had retired prior to the 1941 amendment the option of accepting the benefits provided by the act as amended or retaining their rights under the act as it read at the date of their retirement.”

MeCOMB, J.

This is an appeal, on the judgment roll alone, from a decree granting a writ of mandate directing

[414]

payment to petitioner of a pension of $75 per month as the widow of Albert G. Chaney who had been retired on a pension pursuant to the provisions of Act 5848 of Deering’s General Laws (Chapter 268, page 477, Statutes of 1931, as amended), which act will hereinafter be referred to as “the act.” This act provides for a peace officers’ retirement system in every county which, by ordinance passed by a four-fifths vote of the Board of Supervisors, accepts the provisions of the act.

The essential facts are:

On July 1, 1927, Albert G. Chaney was employed by the county of Los Angeles as a county peace officer as defined in the act. On February 13, 1934, the Board of Supervisors of Los Angeles County passed, by a four-fifths vote, an ordinance accepting and adopting the provisions of the act. On August 27, 1937, section 11 of the act was amended to provide among other things:

“Whenever any member shall be killed, or die, . . . after retirement, ... or while eligible to retirement on account of years of service, then an annual pension shall be paid in equal monthly installments to his widow ... in the sum of $75 per month. . . .” (Chapter 303, page 664, Statutes of 1937.)

On December 1, 1939, Mr. Chaney was retired pursuant to the provisions of the act. On September 13, 1941, the act was again amended including section 11 thereto, so as to delete that part of section 11 quoted above which made provision for widow’s pensions. (Chapter 745, pages 2264, 2271, and 2272 of the Statutes of 1941.) There was added at the same time to the act a new section 11.5 which read thus:

“At any time before the first payment on account of any pension is made, or within 60 days after the effective date of this section, a member or beneficiary may elect to receive the actuarial equivalent at that time of his pension in a lesser pension payable throughout his life and that of his widow, if she survives him, in accordance with one or the other of the following options:

“Option 1: Upon his death, such lesser pension shall Be continued throughout the life of and paid to his widow.

Chaney v. Los Angeles County Peace Officers' Retirement Board

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