- 5 -
"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
cause."6
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,
5(...continued)
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
appendix.
6The text of Oakland Charter sec. 2609 is reproduced in the
appendix.
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