212 A.D. 760 | N.Y. App. Div. | 1925
The law, entitled “ State Teachers’ Retirement Fund for Public School Teachers,” being article 43-B of the Education Law (added by Laws of 1920, chap. 503, as amd.), provides for the retirement of certain member teachers, upon allowances to be made, in the event of superannuation or disability, but in no other event. Section 1109 of the Education Law (added by Laws of 1920, chap. 503, as amd. by Laws of 1923, chap. 48) deals with “ superannuation retirement.” The list of teachers entitled to this form of retirement includes a teacher member sixty years of age who has performed twenty-five years of service, if a present teacher, or if a new entrant who has completed twenty-five years'of total State service; a teacher member, regardless of age, who has performed thirty-five years of service; a teacher member, regardless of service, who is seventy years of'age. As to every such teacher it is provided that he “ may retire” on condition that he "files with the Retirement Board a statement duly attested setting forth at what date subsequent to the execution and filing thereof he desires such retirement.” As to each of them it is provided: “ Tim Retirement Board shall retire said member as of the date so specified * * * or as of such other time within thirty days thereafter as the Retirement Board may find advisable.” Section 1109-a of the Education Law (added by Laws .of 1920, chap.-503, as amd. by Laws of 1923, chap. 48) provides for “ Disability retirement.” The list of availables for this form of retirement includes a member with fifteen years of State service to his credit; a present "teacher member who has to his credit twenty years of service, the last ten of which is State service. Such a member “ may be retired on account of disability either upon the application of his employer or upon his own application ” provided “ the Retirement Board, after a medical examination of said member, made at the place of his residence within the State or other place mutually agreed upon, by a physician or physicians designated by said board shall determine upon the basis of a report submitted by said physician or physicians that the said member is physically or mentally incapacitated for the performance of duty and that said member ought to be retired.” The distinction made between the
The order should be reversed and the writ dismissed.
All concur.
Final order reversed, on the law, and proceeding dismissed, without costs.