Uffelman v. Fire Pension Bd. for City of Burlington, 87-555

Citation424 N.W.2d 467
Decision Date15 June 1988
Docket NumberNo. 87-555,87-555
PartiesRoy UFFELMAN, Appellant, v. FIRE PENSION BOARD FOR THE CITY OF BURLINGTON, Appellee.
CourtUnited States State Supreme Court of Iowa

Michael J. Schilling, Burlington, for appellant.

Dana Christiansen, City Atty., Burlington, for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, NEUMAN, and SNELL, JJ.

NEUMAN, Justice.

This is a declaratory judgment action brought by a retired firefighter, Roy Uffelman, to determine whether his pension benefits are being computed properly. At issue is Uffelman's claim to a pension adjustment under Iowa Code section 411.6(12)(c) (1987) based on a consolidation of ranks within the fire department after he retired. The question is whether the consolidation amounted to an abolition of Uffelman's former rank. The district court found that it did not. We affirm.

Because the action was tried at law, our appellate scope of review is confined to the correction of assigned errors. See Iowa R.Civ.P. 267; Mead v. Iowa State Bd. of Parole, 331 N.W.2d 102, 103 (Iowa 1983) (declaratory judgment actions tried in equity are reviewed de novo; actions tried at law are reviewed on assigned error). Our task is to determine whether the district court properly interpreted and applied the pertinent statutory law to the undisputed facts. In doing so, we are guided by the principle that laws creating pension rights are to be liberally construed to promote their legislative purpose and objective. Carstensen v. Board of Trustees, 253 N.W.2d 560, 564 (Iowa 1977).

Uffelman retired in May 1975 after serving thirty-five years with the Burlington Fire Department. At his retirement, Uffelman held the rank of Electronic Technician II, a unique classification based on his responsibility for the installation, maintenance and testing of the department's communication equipment in addition to customary firefighting duties. For this classification he was paid the same salary as a captain, though he had no supervisory duties and had not taken the captain's civil service examination.

A year before his retirement, Uffelman attained special certifications as a fire service technician and emergency medical technician. These additional certifications entitled him to a five percent salary increase and placed him in the highest of nine pay ranges within the department--three for firefighter, three for lieutenant, and three for captain. From 1974 through 1979, the pay differential from the first to the third range for each of the three job groups was five percent. Uffelman received this five-percent differential in the computation of his pension throughout this period.

As a result of a collective bargaining agreement taking effect July 1, 1980, the three separate ranks of captain (Captain I, Captain II, and Captain III) were consolidated and a single rank of captain appeared on the salary scale. The salary differential that once distinguished a Captain I from a Captain II and Captain III was eliminated. Under the new scale, all captains received the same pay as the former rank of Captain III, after completing a probation period.

Upon learning of these changes, Uffelman unsuccessfully urged the board of fire trustees to adjust his pension to reflect the five-percent salary scale differential he had enjoyed at his retirement. He based his claim on Iowa Code section 411.6(12)(c) which provides in pertinent part:

In the event that the rank or position held by the retired ... member at the time of retirement ... is subsequently abolished, adjustments in the pensions of the member ... shall be computed by the board of trustees as though such rank or position had not been abolished and salary increases had been granted to such rank or position on the same basis as increases granted to other ranks and positions in the department.

When the board refused to grant Uffelman his requested adjustment, he commenced the present action to determine his rights under the statute.

After a trial at which Uffelman was the only witness, the district court ruled that neither Uffelman's rank nor position on the salary scale had been "abolished" within the meaning of section 411.6(12)(c). Accordingly, the court declared that Uffelman's pension was properly calculated. It is from this legal conclusion that Uffelman now appeals.

Uffelman's challenge to the district court's interpretation of section 411.6(12)(c) has three components. He contends the court adopted a civil service definition of "abolished" inapplicable to these proceedings, construed the terms in a manner inconsistent with its plain meaning and the statutory scheme, and generally interpreted the statute in a way that will create inequities for retired...

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    ...Mrs. Stover. Because this is an action at law, our review is confined to the correction of assigned errors. Uffelman v. Fire Pension Bd., 424 N.W.2d 467, 467 (Iowa 1988). address Lakeland's contentions of error in the order presented. I. Instruction on Nontaxability of Damage Awards: Defend......
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    ...III. Jury Instructions Our review of jury instructions in an action at law is for correction of errors of law. Uffelman v. Fire Pension Bd., 424 N.W.2d 467, 467 (Iowa 1988). As long as a requested instruction correctly states the law, has application to the case, and is not stated elsewhere......
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