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Here presented is another problem growing out of the pension provisions of the City Charter of Long Beach. Plaintiff, a police sergeant, joined the department in 1921 and at the time of trial had served continuously for more than 30 years. On the effective date of an attempted repeal of pension provisions (by adoption of § 187.1, effective on March 29, 1945) he had served some 24 years. Plaintiff claims to be entitled when he retires to a pension of two-thirds of his pay based on the highest rank or position held by him one year prior to the date of his retirement, this under section 187, subdivision 2, of the charter as enacted in 1925. He has now served some 37 or 38 years in the department. Defendant asserts that plaintiff is entitled to a pension of 56 2/3 per cent of said annual salary by virtue of the said amendment adopting section 187.1 in 1945. The action is one for declaratory relief. The trial judge having ruled with defendant, plaintiff appeals.

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