James A. Picard - Page 19

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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           
               14See supra note 8.                                                    

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