- 3 - April 25, 1972, petitioner became qualified for and began receiving a disability retirement allowance in lieu of permanent workmen's compensation. Petitioner's disability retirement allowance was provided pursuant to the provisions of Article XXVI of the Charter of the City of Oakland (Oakland Charter). The Oakland Charter establishes a retirement system for members of the Oakland Police and Fire Departments, which provides both for retirement incident to the completion of specified years of service (service retirement) and for retirement incident to disability caused by injury in the performance of duty (disability retirement).3 Section 2610(a) of the Oakland Charter provides for such disability retirement, and the payments to petitioner at issue in this case were awarded under that section. Pursuant to section 2610(a) of the Charter, the retirement allowance provided to a disabled member of the Police Department depends upon whether or not he is qualified for service retirement (as established under section 2608 of the Charter) at the time of his disability retirement. If the member is qualified for service retirement, his disability retirement allowance is computed under section 2608 of the Charter, which sets out the rules and formulas for service retirement generally. 3The Charter also provides for retirement for disability not incurred in the performance of duty and for various death benefits, but those provisions are not involved in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011