Thomas E. King - Page 9

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                  best read to require that benefits vary according to the                                
                  type and severity of a person's injury.  Only then are the                              
                  payments and the injury sufficiently related to reflect the                             
                  compensatory purpose required by section 105(c). * * *                                  
            Id. at 1308.  In West v. Commissioner, supra, we similarly held                               
            that because the taxpayer's benefits were based on the number of                              
            his years of service as a pipefitter at the time of the accident,                             
            the payments were not based upon the type and severity of the                                 
            injury as required by section 105(c)(2).                                                      
                  Petitioner argues that the benefits he received vary                                    
            depending on whether his disability occurred on or off duty.  He                              
            contends that this factor satisfies the criteria of section                                   
            105(c)(2).  We disagree.  Payments made under the Pension Code                                
            are expressly based on an officer's salary at the time of the                                 
            injury.  The distinction between where injuries occurring on and                              
            off duty does not meet the statutory requirement that the                                     
            benefits be computed with reference to the type and severity of                               
            the injury in question.  Petitioner would have received the same                              
            benefits regardless of the severity of the injury that led to his                             
            disablement as a police officer.  Furthermore, if petitioner had                              
            been recalled to duty, benefits would have ceased.  Therefore,                                
            petitioner's disability pension is not computed with reference to                             
            the nature of the injury and is affected by the period petitioner                             
            was absent from work.  Because the exception under section 105(c)                             
            does not apply to petitioner's disability pension, the payments                               







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