Kern v. City of Long Beach

In this proceeding petitioner seeks a writ of mandate compelling respondent city to pay him a pension under a provision of the city charter which was repealed shortly before he would have been entitled to retire.

Petitioner entered upon his duties as a member of the city fire department on May 1, 1925, at which time subdivision 2 of section 187 of the charter provided that after twenty years’ aggregate service a member on application “shall be retired and paid in equal monthly installments” a limited pension equal to fifty per cent of his annual salary. Beginning in March, 1931, pursuant to an…