Le Strange v. City of Berkeley

Appellant is the widow of a former fire chief of defendant city. Upon his death, she applied for a pension. If her husband died “as a direct result of the actual performance of his duty,” the applicable ordinance entitles her to a pension of half of his salary. Otherwise, his years of service entitle her to a pension of one-third of his salary. The lesser amount was awarded by the Fire Pension Board. Plaintiff brought this action for a determination of her rights. The trial court found that she had not been afforded due process by the board, and directed reconsideration by that body. On…