SHUBERT v. BOARD OF TRUSTEES OF FIRE FIGHTER PENSION AND RELIEF FUND (2022)

Writ application denied.

I agree with the majority in denying this writ except for the commencement date of disability retirement benefits for Plaintiffs herein.

Plaintiffs seek receipt of their disability retirement benefits as of the date of their injury. I disagree with using the date of injury. I also find that the Board of Trustees of the Fire Fighter's Pension and Relief Fund (the “Board”) acted arbitrarily and abused its discretion in fixing the date of commencement of disability retirement benefits as of the date of the Board's meeting.

The relevant statutes do not designate the effective retirement benefits date for said benefits. That being the case, I find the appropriate effective retirement benefits date to be the date said Plaintiffs are certified as permanently disabled by their respective treating physicians, regardless of the date the Board meets for approval. I see no logical rationale for allowing the commencement of benefits to be dependent upon when the Board decides to meet.

Thus, I would grant this writ in part to provide for the commencement of disability retirement benefits as of the date of certification of permanent disability status by the respective treating physicians irrespective of the date the Board meets with approval.

Crichton, J., would grant in part for reasons assigned by Justice Genovese. Genovese, J., would grant in part and assigns reasons.