Is a dismissed police officer entitled to a pension if he was dismissed for misconduct by the police commission prior to his final action on his application?

California, United States of America


The following excerpt is from Pearson v. County of Los Angeles, 310 P.2d 191 (Cal. App. 1957):

California courts appear to be in substantial agreement with the view just expressed. In MacIntyre v. Retirement Board of City of San Francisco, 42 Cal.App.2d 734, 109 P.2d 962, the question involved was whether an officer otherwise eligible for a pension, and who makes an application therefor, but who is dismissed for misconduct by the police commission prior to his final action on his application, is entitled to have such application granted. In determining the case, the court, among other things, stated, 42 Cal.App.2d at pages 735-736, 109 P.2d at pages 963-964:

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