Bergerman v. Murphy

I dissent and vote to reverse the order appealed from and to dismiss the petition. I agree entirely with the view of the majority that the statute is constitutional. Furthermore, in my opinion the pension payable under subdivision f of section B18-4.0 is mandatory. The statute provides as the sole requirement for the right to receive the pension twenty years’ prior service as a police oEcer and appointment to a commissionership.

The court has no power to review the original appointments of Furey and Collins as seventh deputy police commissioners. Nor would the board of trustees of the police…