Larson v. Board of Police and Fire Pension Commissioners

FOX, J. pro term. This is an appeal from a judgment ordering the issuance of a peremptory writ of mandate to compel the defendants to grant the plaintiff a pension.

The plaintiff is the surviving widow of Engebret Larson, a sergeant of the Long Beach Police Department, who was killed in an automobile accident on February 25, 1942, while [61]performing the duties of a police officer. Plaintiff and Mr. Larson had been married a number of years. Plaintiff has not remarried. Mr. Larson also left surviving three minor children, two of whom are under the age of eighteen, viz., David, age eleven, and Robert, age seventeen.

Mr. Larson had been in the continuous employ of the city of Long Beach as a member of its police department for more than eighteen years. The salary attached to the rank of sergeant at the time of his death was $225 per month. Plaintiff claims that she is entitled to a pension in an amount equal to one-half of the salary attached to the position held by the deceased at the time of his death, and that the amount accrued and unpaid at the time of filing her petition was $2,760.84. Plaintiff bases her right to a pension on the provisions of subdivision 4 of section 187 of the Long Beach City Charter, which reads as follows: “Whenever any member of the Police or Fire Department shall die as a result of an injury received during the performance of his duty, or from sickness caused by the discharge of such duty, or after retirement, or while eligible to retirement from such department, then an annual pension shall be paid in equal monthly installments to his widow, or child or children, or dependent parent or parents, in an amount equal to one-half (V2) of the salary attached to the rank or position which such deceased person held in such department at the time of his death or one year prior to the date of his retirement from active duty in such department. 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. ’ ’