Daigle v. McLaughlin

YOUNGDAHL, District Judge.

Cross-motions for summary judgment and defendants’ alternative motion to dismiss the complaint raise a single issue left open in a recent opinion of the Court of Appeals 1: Whether the District of Columbia Policemen and Firemen’s Retirement and Disability Act2 gives to a fireman otherwise eligible, the absolute right to elect retirement while his status is that of a “suspended” (but not discharged) employee.

The undisputed material facts are these: Since October 1,1956, § 4-528(1) of the latest revision of the Retirement and Disability Act has provided that:

“Any…