160 N.Y.S. 410 | N.Y. App. Div. | 1916
By the provisions of chapter 449 of the Laws of 1911, article 43-b was added to the Education Law (Consol. Laws, chap. 16; Laws of 1910, chap. 140). This article provides for the establishment and maintaining of a State teachers’ retirement fund for public school teachers, and contemplates a general pensioning system for the teachers of this State who have served the required time, and who have complied with the conditions named in the statute. This act, general in its provisions, is limited in its application by section 1109-b, which
The effect of these provisions is that whenever two-thirds of the teachers of any county, city or district, having a local or special act, petition to come within the provisions of the general act, the State board issues an order which dissolves the
In the matter now before us it is not questioned that the required number of teachers employed in the schools of the city, of Yonkers have petitioned to come within the operation of-the general act, but it is urged, as against the peremptory writ of mandamus, sued out by the State board, commanding the turning over of the funds of the local society, that the act violates some of- the constitutional or other rights of the teachers who are now members of the local organization. No teacher or other person interested in the fund, so far as the record shows, is making any objection to the carrying out of the general act; the opposition comes from the immediate custodians of the local funds, and it may be fairly questioned whether they are in a position to raise the questions which are sought to be deter
We are of the opinion that there is no constitutional question involved; the funds were public funds .(Matter of Mahon v. Board of Education, 171 N. Y. 263) subject to some equitable considerations on the part of the members of the local association, perhaps, and they are to be paid out to existing annuitants in exact accord with their existing arrangements, while as to the future only those are to share in the fund who have contributed a cei'tain portion of the annuity and who have conformed to the requirements of the general act. (Education Law, § 1109-a, as amd. by Laws of 1914, chap. 44; Id. § 1109-b.)
The order appealed from should be affirmed, without costs.
Order unanimously affirmed, without costs.