James A. Picard - Page 3

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          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.               

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Last modified: May 25, 2011