Symington v. City of Albany

Opinion

TOBRINER, J.

In this case we are called upon to consider whether the trial court properly followed our decision in City of Los Angeles v. Indus trial Acc. Com. (Fraide) (1965) 63 Cal.2d 242, 253 [46 Cal.Rptr. 97, 404 P.2d 801], and Labor Code section 3751 in holding that the City of Albany may reduce the pension it pays to retired policemen and firemen who also receive workmen’s compensation benefits by an amount proportional to the city’s contribution to its pension fund. Labor Code section 3751 provides that “No employer shall exact or receive from any employee any contribution, or…