- 4 -
If he is not qualified for service retirement, section 2610(a) of
the Charter provides that the disabled member's disability
retirement allowance is initially set at 75 percent of the
compensation attached to his average rank during the 1 year
immediately preceding retirement (1-year average compensation).
This "75-percent" retirement allowance is paid
until the date upon which said member would have completed
twenty-five (25) years of service and qualified for service
retirement had such member rendered service without
interruption, and on and after said date said retirement
allowance shall be equal to the retirement allowance said
member would have received if retired for service on said
date, based on the compensation attached to the average rank
held during the one (1) year next preceding retirement.
* * * [Oakland Charter sec. 2610(a).4]
Section 2608 of the Oakland Charter, governing service
retirement, generally provides for a retirement allowance equal
to 50 percent of the compensation attached to the average rank
held during the 3 years immediately preceding retirement (3-year
average compensation) for members of the Police and Fire
Departments with 25 years of service, or 20 years of service if
they have reached age 55.5
4The text of Oakland Charter sec. 2610(a) is reproduced in
the appendix to this opinion.
5Greater percentages are provided for those who exceed the
foregoing thresholds, and lesser percentages are provided for
those who do not meet the thresholds but have at least 10 years
of service. Members with more than 10 but less than 20 years of
(continued...)
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