James A. Picard - Page 5

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               "Years of service" for purposes of section 2608 of the                 
          Charter are computed under section 2609 of the Charter, which               
          counts as service, inter alia, "time during and for which said              
          member received compensation as a member of the Police or Fire              
          Department * * *, including all such time said member was unable            
          to perform his duties by reason of injury or sickness from any              
               Pursuant to Oakland Charter section 2610(a), the disability            
          retirement allowance that petitioner began receiving was equal to           
          75 percent of 1-year average compensation, since petitioner was             
          not qualified for service retirement under section 2608 of the              
          Charter at the time he was retired for disability.  Petitioner              
          received an allowance so computed until October 31, 1991, the               
          date on which he would have completed 25 years of service and               
          qualified for service retirement if he had rendered service                 
          without interruption from the date he commenced employment as a             
          member of the Police Department.  On October 31, 1991,                      
          petitioner's disability retirement allowance was recomputed,                

          service cannot, in any event, begin receiving their retirement              
          allowances until the date which is 25 years after the date they             
          commenced employment.  Members with less than 10 years of service           
          generally cannot qualify for service retirement.                            
               The text of Oakland Charter sec. 2608 is reproduced in the             
               6The text of Oakland Charter sec. 2609 is reproduced in the            

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