Hamberry v. City of Philadelphia Police Pension Fund Ass'n

Citations

• 76 Pa. Super. 216
• 1921 Pa. Super. LEXIS 121

Syllabus

<p>Beneficial societies — Police pension fund — Death benefits — Deaths in discharge of duty — Construction.</p> <p>A policeman of the City of Philadelphia who was killed in battle, while on leave of absence in the service of the United States, is not entitled to pension under the by-laws of an incorporated society, which provide for the payment of a pension to the family of a member of the police force, who is killed in the actual discharge of his duty. Because the deceased was serving on leave of absence from the City of Philadelphia, cannot affect the requirements as laid down in the by-laws and the constitution of the corporation.</p> <p>In order to entitle the plaintiff, who was the wife of the deceased, to any pension, her husband must have been killed while he was actually in the discharge of hig duty as a policeman. The leave of absence was not given by the defendant corporation and did not change the status of the deceased, who as a member of the association was subject to all of the requirements set forth in the charter and by-laws of the organization.</p>