City of Wilmington v. Miller

Supreme Court of Delaware

City of Wilmington v. Miller

293 A.2d 574, 1972 Del. LEXIS 275

CourtSupreme Court of Delaware

DecidedJune 22, 1972

StatusPublished

Cited by14 cases

This text of 293 A.2d 574 (City of Wilmington v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Wilmington v. Miller, 293 A.2d 574, 1972 Del. LEXIS 275 (Del. 1972).

Pincite

Opinion

PER CURIAM:

In this action for a declaratory judgment relative to the plaintiff’s right to a policeman’s disability pension, the Chancery Court granted .summary judgment in favor of the plaintiff. The City appeals.

All of the contentions raised on this appeal were carefully considered and ruled upon below. See 285 A.2d 443. We agree with the reasoning and conclusions of the Chancery Court there set forth.

Moreover, in Dorsey v. State ex rel. Mulrine, Del.Supr., 283 A.2d 834 (1971), we held that pension rights, of the type here involved, become vested when the requirements for the pension have been met; that such pensions are a part of the compensation of an employee to which he is as much entitled, upon qualification, as he is to wages for work performed. By application of that rule, the plaintiff here must prevail.

Affirmed.

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