James A. Picard - Page 26

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               (2) Time during which said member was absent by reason of              
          service with the armed forces of the United States either during            
          a war involving the United States as a belligerent, or in any               
          other National Emergency and for six (6) months thereafter and              
          who is not dishonorably discharged or released therefrom.                   
               (3)  Any police or fire service outside the limits of the              
          City of Oakland performed by a member of the Police or Fire                 
          Department and under orders of a superior officer of such member,           
          shall be considered as city service and any disability or death             
          resulting therefrom shall be considered as received in and                  
          arising out of the performance of duty.                                     
          Disability Retirement                                                       
               Section 2610.                                                          
               (a) Any member of the Police or Fire Department who is                 
                    incapacitated for the performance of duty by reason of            
                    any injury received in, or illness caused by or arising           
                    out of the performance of duty may be retired not                 
                    sooner than one (1) year after said member first became           
                    incapacitated by reason of said injury or illness                 
                    unless the member requests and the Board grants earlier           
                    retirement; and, if not qualified for service                     
                    retirement shall receive a retirement allowance equal             
                    to seventy-five percent (75%) of the compensation                 
                    attached to the average rank held by such member during           
                    one (1) year immediately preceding such retirement.               
                    Such retirement allowance shall be 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.  If at the time of                
                    retirement for disability, the member is qualified for            
                    retirement for service, said member shall receive a               
                    retirement allowance computed under the provisions of             
                    Section 2608.                                                     









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