# Derby v. Police Pension and Relief Board

> Supreme Court of Colorado · April 4, 1966 · 159 Colo. 468

URL: https://www.frixlaw.com/law-library/cases/9548760

## Case

- **Full name:** Franklin M. Derby, Et Al. v. Police Pension and Relief Board of the City and County of Denver, Et Al.
- **Court:** Supreme Court of Colorado
- **Decided:** April 4, 1966
- **Citations:** 159 Colo. 468; 412 P.2d 897; 1966 Colo. LEXIS 751
- **Precedential status:** Published
- **Opinion:** Concurring in part by Pringle
- **Judges:** Schauer, Pringle, Frantz
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9548760

## Opinion text

Mr. Justice Pringle
concurring in part and dissenting in part:
With respect to contributions made to the Police Pension and Relief Fund by the named plaintiffs after June 1, 1947, I am in complete accord with the philosophy and result of the majority opinion. However, I do not agree that the same principles can be applied to payments made to the Pension Fund by the named plaintiffs by way of deductions from salary before June 1, 1947.
Article XX of the Colorado Constitution provides that officers in the Classified Civil Service should receive a stated salary, the amount of which shall be fixed by the charter. As a condition of their employment, the named plaintiffs were required to suffer a deduction from their salary for payment into the pension fund. *478 It matters not, as I see it, that they may have received some benefit from this deduction. The organic law under which the City and County of Denver operates prohibits the City from, under any guise, reducing the salary of a Police Officer below the amount set by charter provision. The charter amendment of June 1, 1947 provided for a contribution to the pension fund to be deducted from salary. Before that date, in my view, the charter did not permit the City to require such a deduction.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9548760. Public record. Not legal advice.