City of Long Beach v. Allen

FOX, J. By this appeal Cope, Hoyt, Smith, Wigney, Wombaeher and Wright, retired police officers of the city of Long Beach, seek to ascertain the effect on their pensions of the salary ordinances passed since their retirement.

At the time of their respective retirements each of these men had served more than 20 years in the police department and for more than one year in the promotional rank1 held by each at the time of retirement. Under section 187, subdivision 2, of the city charter, each was entitled upon retirement to receive a fluctuating pension based on the applicable percentage of the salary currently provided for “the rank or position held by him one year prior to the date of [37]retirement.” The salary ordinance then in effect, and which had been in force for many years prior to their retirements, provided for two rates of pay, “a” and “b,” for inspectors and lieutenants. The “a” rate was paid during the first six months the officer was in the new rank. After the expiration of this period he was automatically paid at the higher rate. There was, however, only one pay rate for the rank of captain. At the time of their respective retirements, the appellants had qualified for and were receiving the highest salary then provided for and paid to all active members of corresponding rank.

After the retirement of appellants the city council passed a salary ordinance that became effective September 1, 1948, which provided five rates of pay for each position in the police department, including the positions formerly held by appellants. These rates were designated by the letters “a,” “b,” “e,” “d” and “e.” They provided for salary increases after various lengths of service; the last two, however, were merit raises to be given only upon the recommendation of the head of the department and approval of the city manager. The ordinance contained a provision that in the event the rate of pay designated therein for an officer or employee was less than the rate of pay of such officer or employee on August 31, 1948, the salary of such person should be at the pay rate next higher than that established for his salary on the latter date. Thus all employees would receive the same or higher salaries upon the transition from the old to the new salary ordinance. To illustrate, under the former salary ordinance an inspector in the “b” or highest rate received $315 per month. In the ordinance of September 1, 1948, the salary scale for an inspector was as follows:

Since, upon the transition, ah inspector must not be paid less than the $315 per month he had been receiving, it follows that he 'moved into the D rate of $322 per month. The same relative situation applied with respect to lieutenants, so that officers of that rank who were receiving the highest salary were also placed in the D salary bracket. As to the position of captain, which had only one salary rate of $400 per month under the former ordinance, that rank naturally fell into the “c” rate under the new ordinance, which carried a salary of $403.