City of Iowa City v. White

Citation111 N.W.2d 266,253 Iowa 41
Decision Date17 October 1961
Docket NumberNo. 50439,50439
PartiesCITY OF IOWA CITY, Iowa, Appellee, v. Oliver A. WHITE; The Board of Trustees of the Policemen's Pension & Retirement Funds of Iowa City, Iowa, and Emmett Evans, James A. Sangster, Edward W. Lucas, Gus A. Pusateri, James C. Hickman, Richard W. Lee, and C. D. Stimmel, as Trustee of the Policemen's Pension Fund of Iowa City, Iowa, Appellants.
CourtUnited States State Supreme Court of Iowa

William L. Meardon and Ansel J. Chapman, Iowa City, for appellants.

Edward L. O'Connor, Iowa City, for appellee.

PETERSON, Justice.

This case involves the payment of a pension to Oliver A. White, former police chief of Iowa City. Mr. White became a member of the Iowa City Police Department in 1938 and served until his retirement on January 8, 1960. He had been patrolman, detective, and Chief of Police. Prior to his appointment to the Police Department he took a physical examination which showed him to be in excellent health. He had a touch of heart trouble in 1953 and then later in May of 1956, October 1957, October 1958, and April 1959. Starting at the time of his heart attack in 1957 he was placed under medication and treatment.

His condition became worse, and on July 7, 1959, he had his own physician, Dr. C. R. Goddard, make an examination. Dr. Goddard told him he should no longer continue as an active member of the Iowa City Police Department and that he should retire. The Doctor made a written statement and recomendation to that effect. On July 27, 1959, Mr. White was examined by the medical examining board of the Board of Trustees of the Policemen's Pension and Retirement Fund consisting of three members.

The report of the medical board was in substance as follows: '1. This man is suffering from angina pectoris and coronary insufficiency. 2. First mentioned in his medical records, 1952. 3. There is definite evidence on his E.K.G. of Coronary insufficiency. This man who is suffering from the malady of coronary insufficiency, very definitely should avoid all excitement and exertion. It is the Board's recommendation that he be retired. (s) C. D. Callahan, M.D., E. W. Paulus, M.D., S. C. Ware, M.D.'

On the basis of the advice of his own physician and of the medical board of the pension fund Mr. White submitted his written application to the Board of Trustees on January 12, 1960 for a service-incurred disability pension, on the ground that he had become totally and permanently incapacitated for active duty on the Iowa City Police Department as the natural and proximate result of heart injury or disease incurred in or aggravated by the performance of duty on several occasions extending from 1953 to 1959.

The Board of Trustees heard the evidence and considered the application. They held that the final cause of aggravation of Mr. White's heart condition occurred on October 18, 1957, and that said aggravation was incurred within the meaning of Section 411.6, subd. 5 of the 1958 Code of Iowa, I.C.A., as amended by Chapter 293, Acts of the 58th G.A. The Board of Trustees granted Oliver A. White a service-incurred disability pension.

It appears that the incidents which caused his disability occurred prior to the enactment of Chapter 293, 58th G.A., amending Section 411.6, subd. 5, but his application for disability pension was filed after this amendment went into effect.

City of Iowa City brought certiorari action in the District Court of Johnson County challenging the jurisdiction of the Pension Board. Resistance was duly filed.

On February 9, 1961, a final hearing was had. The facts were stipulated between the parties. On March 31, 1961, the court entered findings and judgment sustaining the writ. Oliver A. White has appealed.

Following is Sec. 411.6, subd. 5 of the 1958 Code of Iowa, I.C.A., with the omitted words, according to Chapter 293, 58th G.A. of Iowa, deleted, and the words and two paragraphs added shown in quotation marks: The Act became effective on July 4th, 1959.

'5. Accidental disability benefit. Upon application of a member in service or of the chief of the police or fire departments, respectively, any member who has become totally and permanently incapacitated for duty as the natural and proximate result of an 'injury or disease incurred in or aggravated by' the actual performance of duty at some definite time and place, or while acting pursuant to order, outside of the city or town by which he is regularly employed, shall be retired by the respective board of trustees, provided, that the medical board shall certify that such member is mentally or hpysically incapacitated for further performance of duty, that such incapacity is likely to be permanent and that such member should be retired.

'Should a member in service or the chief of the police or fire departments become incapacitated for duty as a natural or proximate result of an injury or disease incurred in or aggravated by the actual performance of duty at some definite time or place or while acting, pursuant to order, outside the city or town by which he is regularly employed, he shall, upon being found to be temporarily incapacitated following an examination by the board of trustees, be entitled to receive his full pay and allowances until re-examined by said board and found to be fully recovered or permantly disabled.

'Disease under this section shall mean heart disease or any disease of the lungs or respiratory tract and shall be presumed to have been contracted while on active duty as a result of strain or the inhalation of noxious fumes, poison or gases.'

The sole issue involved in this appeal is: Is it necessary that a police officer in active service suffer an injury after Jury 4, 1959, in order to qualify for accidental disability benefits, under the provisions of Section 411.6, subd. 5, 1958 Code of Iowa, I.C.A., as amended by Chapter 293 of the Acts of the 58th General Assembly--July 4, 1959, being the effective date of the amendment?

The error relied upon by appellant for reversal is: The trial court erred in sustaining Appellee's Writ of Certiorari on the ground that the action by the Board of Trustees in granting accidental disability benefits (hereinafter referred to as pension) to Ollie White, and therefore illegal application of Section 411.6, subd. 5 of the 1958 Code of Iowa as amended, I.C.A.

I. The decision of the Board of Trustees does not result in a retroactive application of the statute as amended, because the pension right of an applicant is governed by the law in effect either (a) at the time the application is filed; or (b) at the time the pension board acts on the application, and is not governed by the law in effect at the time of the injury. Rockenfield v. Kuhl, 242 Iowa 213, 46 N.W.2d 17; Mathewson v. Board of Trustees of Firemen's Pension Fund of Shenandoah, 266 Iowa 61 283 N.W. 256; Nelson v. Board of Directors of Ind. School District of Sioux City, 246 Iowa 1079, 70 N.W.2d 555; Talbott v. Independent School District, 230 Iowa 949, 299 N.W. 556, 137 A.L.R. 234; Laden v. Daly, 132 N.J.L. 440, 40 A.2d 780; Salz v. State House Commissioners, 32 N.J.Super. 230, 108 A.2d 194; City of Norfolk v. Key, 192 Va. 694, 66 S.E.2d 479; Rustad v. City of Long Beach, 122 Cal.App.2d 106, 264 P.2d 955; Brooks v. Pension Board, 30 Cal.App.2d 118, 85 P.2d 956.

The question directly involved in this appeal has not heretofore been decided in this jurisdiction. Analogous questions have been decided by this court somewhat favorable to appellant's position.

In Rockenfield v. Kuhl, supra, this court said: 'It is elementary that laws creating pension rights are to be liberally construed with the view of promoting the objects of the legislature. * * * 40 Am.Jur., Pensions, § 4, (page 963).' [242 Iowa 213, 46 N.W.2d 19.]

Nelson v. Board of Directors of Ind. School District of Sioux City, supra, and Talbott v. Independent School District, supra, had reference to the situation which arose when local systems of pension and retirement as to schools were cancelled and the Federal Social Security plan was substituted pursuant to power granted by statute in 1955. In Sioux City action was brought by two teachers to set aside the Board's act in terminating the old plan and substituting the Federal Social Security plan. One teacher had not yet reached the retirement age, but the other had reached the age, but had not yet elected to apply for retirement benefits. In both cases the Trial Court upheld the action of the Board in cancelling the old plan and adopting the social security plan as enacted by the legislature. In the Talbott case we said: 'Notwithstanding the appellee was eligible for retirement prior to the resolution * * * raising the retirement age to 65 years, her pension rights were not absolutely vested, but were subject to the amending resolution.' [230 Iowa 949, 299 N.W. 565.]

In both the Nelson and Talbott cases, the applicants were eligible for benefits under an existing local plan. Because they had not applied therefor, their rights became subject to an amending statute or resolution. In other words, if we apply the analogy to the case at bar, the time of retirement occurred prior to the enactment of the statute, but the teachers became subject to the statute in effect when they made their application.

In case of Mathewson v. Board of Trustees of Firemen's Pension Fund of Shenandoah, supra, Mr. Mathewson became 50 years of age on December 14, 1936, and applied for benefits February 13, 1937. Under Section 6310 of the 1935 Code the legislature had changed the eligibility provisions of the 1913 Code and the question facing the court was whether plaintiff had to complete 22 years of service subsequent to the 1935 enactment or could his years of service before 1935 be considered in computing his eligibility record? The court said: 'There is nothing in Section 6315 of the Code which requires that the service, to-wit,...

To continue reading

Request your trial
11 cases
  • Koelling v. Board of Trustees of Mary Frances Skiff Memorial Hospital
    • United States
    • United States State Supreme Court of Iowa
    • 15 Noviembre 1966
    ...v. Board of Civil Service Commissioners, 227 Iowa 66, 69--70, 287 N.W. 288; Lineberger v. Bagley, supra. See also City of Iowa City v. White, 253 Iowa 41, 48, 111 N.W.2d 266; Luke v. Civil Service Commission, 225 Iowa 189, 193, 279 N.W. The board of trustees found most of the charges agains......
  • Klein v. Civil Service Commission of Cedar Rapids
    • United States
    • United States State Supreme Court of Iowa
    • 11 Julio 1967
    ...the facts reviewed. Pierce v. Green, 229 Iowa 22, 49, 50, 294 N.W. 237, 253, 131 A.L.R. 335, and citations; City of Iowa City v. White, 253 Iowa 41, 48, 49, 111 N.W.2d 266, 270. In Hohl v. Board of Education, 250 Iowa 502, 508, 509, 94 N.W.2d 787, 791, we say: 'Certiorari is the method of b......
  • Powers v. McCullough, s. 51796
    • United States
    • United States State Supreme Court of Iowa
    • 8 Febrero 1966
    ...consolidated. We have held a trial de novo is not permitted on certiorari and only questions of law are presented. City of Iowa City v. White, 253 Iowa 41, 48, 111 N.W.2d 266. Stated otherwise, we entertain these proceedings on assigned By the demurrers filed, plaintiffs contended the infor......
  • Orkin Exterminating Co., Inc. (Arwell Division) v. Burnett, 52925
    • United States
    • United States State Supreme Court of Iowa
    • 18 Julio 1968
    ...the legality of his acts. Wood v. Iowa State Commerce Commission, 253 Iowa 797, 801--802, 113 N.W.2d 710, 712; City of Iowa City v. White, 253 Iowa 41, 48, 111 N.W.2d 266, 270; Lineberger v. Bagley, 231 Iowa 937, 940--941, 2 N.W.2d 305, In contempt matters we review the evidence and give mu......
  • Request a trial to view additional results
1 firm's commentaries

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT