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eligible for a higher rate. For an Oakland Charter section 2608
retiree, the compensation base to which the allowance percentage
is applied is 3-year average compensation, whereas for an Oakland
Charter section 2610(a) disability retiree receiving "quasi"
service retirement, the base is 1-year average compensation.13
We note that these differences also existed in Mabry, which
involved the same provisions of the Oakland Charter as are at
issue in this case (with one insignificant modification noted
previously14), and they did not affect the result therein. We
believe here as well that such differences are unimportant.
Disability retirees need not be treated identically to service
retirees in order for their allowance payments to be included in
income. It is sufficient if their disability allowance is
determined by reference to length of service, and we believe such
is the case with petitioner.
We conclude that "length of service" as used in the
regulation encompasses both time actively working and time spent
on disability when both are treated as equivalent in determining
retirement benefits, regardless of whether time spent on
13Petitioner also argues that an Oakland Charter sec.
2610(a) retiree receiving "quasi" service retirement, unlike an
Oakland Charter sec. 2608 retiree, is theoretically subject to
recall and that there are differences in each category's
obligation to repay certain compensatory awards, which respondent
disputes.
14See supra note 8.
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