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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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