(Download) "Francis H. Edwards v. Firemen's Retirement" by St. Louis District Missouri Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Francis H. Edwards v. Firemen's Retirement
- Author : St. Louis District Missouri Court of Appeals
- Release Date : January 20, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Acting under the authority of Sections 87.120-87.370, V.A.M.S., the City of St. Louis instituted a contributory system for the pensioning of members of its fire department and of the dependents of deceased members. Revised Code, City of St. Louis, 1960, Sections 335.010-335.650; Ordinance No. 50707 (1961). The ordinances provide for two types of retirement allowances - one on account of service upon reaching age 60 or after twenty years of service and the other on account of physical or mental disability. By appropriate formulae variant retirement allowances for disability are established, one for what is termed Ordinary Disability and the other for Service-Connected Accidental or Exposure Disability. The latter allowance is the larger. The system is administered by a sevenmember Board of Trustees, which is given exclusive original jurisdiction of all claims for benefits. Its actions, decisions and determinations are reviewable under the Administrative Procedure statutes, Chapter 536, RSMo. On July 12, 1962, respondent, Francis H. Edwards, a captain in the St. Louis Fire Department, made application to appellant board for retirement allowance because of permanent incapacity for the further performance of duty, such allowance to become effective September 1, 1962. On July 23, 1962, respondent was advised by the chief of the fire department that he would be removed from the department's payroll on August 31, 1962. In separate communications, three physicians, members of the Board's Advisory Medical Board, advised the Board, after physical examinations of July 21, 1962, July 30, 1962 and July 20, 1962, respectively, that respondent was unfit for duty as a firefighter.