181 Wis. 326 | Wis. | 1923
Lead Opinion
The following opinion was filed April 20, 1923:
Two questions are presented: (1) the proper construction of certain portions of the Teachers’ Retirement Act; and (2) its constitutionality. An understanding of the spirit and purpose of this and similar laws will be helpful in solving both questions.
One of the major functions of all government is to promote an efficient educational system. For many years public attention has been drawn to the fact that our schools are not equipped with experienced teachers. Countless individuals enter the teaching profession during the early years of their lives only to drop out after a brief experience and enter more inviting and remunerative vocations. Although the state maintains teachers’ training schools and normal schools for the purpose of qualifying teachers to render efficient service in the schools of the state, the brief tenure of service rendered by those who are thus educated is most discouraging, and the state fails to reap a proportionate benefit from the money thus expended. The reason is apparent. The teaching profession does not yield the remuneration afforded by other vocations requiring much less knowledge. It is briefly followed by many merely as a stepping-stone to acquire a little experience and to enable them to place themselves in some other business or profession. Thus the great number of our teachers are young and inexperienced. Those who have given serious thought to the problem agree that if those who have once entered the profession are to remain therein, the profession must yield a competence in old age. Even though the spirit of devotion and self-s'acrifice to laudable and noble work be
In Bulletin No. 12 issued by the Carnegie Foundation for the advancement of teaching in 1918, we are told that
We are now coming to the vital question of construction involved, and it is important to bear in mind that here is an
“(1) As of the close of the fiscal year preceding the date of issue of a certificate of membership to any member of Class A or Class B, the retirement board shall cause a computation to be made separately for such member of the accumulation which would have resulted at such date from state deposits on account of the compensation for prior service as if this act had been in effect during such prior service.
“(2) . . . '
“(3) When any member of Class A or Class B who has taught at least twenty-five years in the public schools, the normal schools or the university shall become entitled to any benefit derived from the accumulation of state deposits, the benefit shall be increased by the benefit which, would be granted at the rates then in force on an accumulation equivalent to the amount of the computation above defined, and such additional benefit shall be paid from the contingent fund.”
Relator’s decedent died while in actual service. He was a Class A member of the fund. The exact question is whether the relator, who is the designated beneficiary of the death benefit accruing to the deceased member from the fund, is entitled to recover the amount of the computation provided for in sec. 42.51 in addition to the deposits both individual and state which have been actually paid into the deposit fund. The state maintains that she is not, and that she is entitled only, to the amount actually paid into the deposit fund with its accumulations. This contention is based, as we understand it, first, on the language of sec. 42.50, which provides, “Such death benefit shall be the full amount of the accumulation in the-retirement deposit fund to the credit of the member from all members’ deposits and all state deposits and interest thereon;” it being argued that this
The difficulty arises from the fact that after drawing the law applying in general terms to future entrants, those already in the service received special consideration, hence sec. 42.51, which, upon a cursory reading at least, indicates a legislative purpose to accord those already in the service the same benefit from the act to which they would have been entitled had the act been in full force and effect during their entire teaching experience. Sub. (3) provides that when such members shall become entitled to any benefit derived from the accumulation of state deposits the benefit shall be increased, etc. It does not in express terms say that the benefit accruing to the estate of the deceased member shall be increased. It will be conceded, we think, that a construction of the term “member” to include his estate would be neither an unnatural nor violent, construction of the language, even .in the absence of considerations to which we shall allude indicating that such was the legislative intent. The attorney general concedes that if Mr. Dudgeon had withdrawn from the service prior to his death he would
Some confusion arises because of the creation of the contingent fund. It is not pretended that the fund as a whole is now solvent. The retirement deposit fund consists of the actual deposits made by the members and the state. The annuity reserve fund is a fund equal to .the net present value of the prospective benefit payments according to the basic assumptions for the rates on which benefits have been granted. When an annuity' is granted, the law requires a transfer to the annuity reserve fund from the retirement deposit fund of a sum sufficient to equal the present value of
We come now to consider the objections urged against the constitutionality of the law. Owing to the belief entertained by the attorney general that the law was in all respects constitutional, the governor appointed William R. Curkeet, Esq., as special counsel to challenge the constitutionality of the law and to present in that respect such objections as he might deem pertinent. Such special counsel contends that the law appropriates public moneys for a private purpose and is violative of sec. 26, art. IV, of the state constitution, which provides that “the legislature shall never grant any extra compensation to any public officer, agent, servant or contractor, after the services shall have been rendered or the contract entered into; nor shall the compensation of any public officer be increased or diminished during his term of office.” As we have seen, the law provides pensions for teachers already in service, the amount of which pension is computed with reference to the entire service of the teacher — the period before the enactment of the law as well as the period thereafter. This is the feature claimed to vitiate the law. It is not seriously contended that the law appropriates public funds for a private purpose or grants extra compensation so far as those engaging in service subsequent to the enactment of the law are concerned, but it is urged that the provision referred to operates to accomplish both results with reference to the teachers in service at the time of the enactment of the law.
Such a contention misconceives the purpose of the law, which is to promote a higher efficiency in the educational system of the state by retaining in service seasoned and experienced teachers. Bearing in mind that our constitution is not a grant of, but a limitation upon, legislative power, it is apparent that the legislature may adopt any and all measures which in its judgment will promote the efficiency of the
“Generally, the whole subject of education is for legislative consideration and control, and it is for the legislature to determine, within other constitutional restrictions of its power, in what manner and by what means schools and the means of education shall be encouraged. It is not contended, and pannot reasonably be claimed, that the legislature may not establish a system, both for primary and other public schools, \yhich shall fix the pay, or the salary, of public school teachers, with regulations relating to the age, period of service, and retirement of teachers. If it may do this, it may likewise determine whether it is wise and in the general interest of education that in the system it establishes provision be made for retired teachers whose qualifications for teaching, periods of service and salaries it may control. Having made such a provision, it is for the courts to determine whether the legislature has traveled beyond any other constitutional limitation upon its powers.”
If in its judgment the pension system will induce experienced and competent teachers to remain in the service, and that thereby the cause of education will be promoted, the money or funds appropriated for the payment of pensions is appropriated for a public purpose unless the court can say that the pension system will have no such result. This the court cannot do. As already pointed out in this opinion, public sentiment has rapidly crystallized upon the proposition that the pension system does have this result. This is apparent from the conclusions announced by learned students and investigators upon the subject, and is further evidenced by the fact that twenty-five states have enacted legislation along this line. That such laws do not constitute an appropriation of public funds for a private purpose has been either expressly or impliedly held in the following cases: Trumper v. School Dist. 55 Mont. 90, 173 Pac. 946; State ex rel. Haig v. Hauge, 37 N. Dak. 583, 164 N. W. 289; Attorney
In view of the paucity of judicial discussion of the precise subject presented, a somewhat careful analysis of the situation seems necessary. We will start with the premise that the enactment of a pension system for future entrants into the teaching service increases the efficiency of our educational institutions and thereby promotes public interest. The legislature might well have considered that the success of any pension system, measured by its helpful influeñce upon the educational institutions, required that the teachers already in service should receive the consideration extended by the terms of the act before us. It might well have considered that a system comprehending only future entrants into the service, or a system which laid out of consideration the past valuable and devoted service of the able and experienced teachers constituting the strength and power of the instructional force of the schools, would give rise to dissatisfaction and discontent, causing the older teachers either to drop out of the service or to continue in service with abated interest and devotion. It would seem that the dangers lurking in such a tendency was a most appropriate matter for legislative concern. This would seem especially true in view of a statement which we find in Bulletin No.
“Public interest is subserved, not only by inducing persons who are not in the public service to enter, but as well in inducing competent persons already in public employment to continue in it and to render better service, so that they may secure such continuance. Teaching should be made a vocation instead of a stepping-stone to another profession, and anything which tends to make the present educational force so regard it is a distinct public benefit.”
Of course if our attention be directed only to the teachers who have been the longest in service, who may serve but a short period in the future, the annuity to- which they will be entitled based on their prior service seems somewhat out of' proportion to the future service to be expected of them. But the law cannot be tested by considering only the extreme
It is said that the act takes the property of the teacher without due process of law. This objection has been considered and effectually answered in State ex rel. Risch v. Trustees, 121 Wis. 44, 98 N. W. 954; Pennie v. Reis, 80 Cal. 266, 22 Pac. 176, affirmed in 132 U. S. 464; Trumper v. School Dist. 55 Mont. 90, 173 Pac. 946; Allen v. Board of Education, 81 N. J. Law, 135, 79 Atl. 101; State ex rel. Haig v. Hauge, 37 N. Dak. 583, 164 N. W. 289. It does
It is further said that the act denies the equal protection of the laws, in violation of the federal constitution, in excluding from its benefit and operation the teachers of the schools of Milwaukee, for whom a special pension system has been maintained since the enactment of ch. 453, Laws of 1907, under consideration in State ex rel. Van Dyke v. Cary, post, p. 564, 191 N. W. 546. We do not regard this law as a police regulation. It is a law intended to promote the educational interests of the state. It relates to the conditions upon which the public will contract with those undertaking to teach in the schools of the state. As there is no constitutional requirement that such contract shall operate uniformly throughout the state, the state is at perfect liberty to prescribe one form of contract in one county and another form in another county, or one form of contract in one educational institution and a different form in another. But if the law were construed as a police regulation there is abundant basis for classification. The public school system of Milwaukee has. many distinct features appropriate to its metropolitan character. The statutes provided a pension system for it before the state pension system was adopted. This system itself resulted from the distinctive
By the Court. — The motion to quash is denied. Unless a return is made to the alternative- writ within ten days, a peremptory writ of mandamus as prayed for will issue.
Dissenting Opinion
The following opinion was filed May 1, 1923:
(dissenting). With what is expressed in the majority opinion as to the timely need for and the spirit and purpose of provisions for pensioning the teaching force of the state I most heartily agree. That the compensation to those who devote themselves to the teaching profession has been grossly inadequate, and especially so when compared with compensation for other services rendered to the public, seems beyond question. To illustrate: In the committee report referred to in the opinion appears a table for the year 1919 to 1920 showing that the average annual salary to teachers with one year’s service was $690; at the end of ten years’ service such average salary raises to $980. By ch. 605 of the Laws of 1919, sec. 1636 — 30, Stats., was created, making provision for the appointment of a woman inspector of beauty parlor shops. Compensation for such services is to be made from a revolving fund to be supplied from the fees to be paid by the members of that profession, and such compensation for inspector services during the fiscal year ending June, 1922, was at the rate of $125 a month with traveling expenses in addition. Ergo, the compensation allowed for supervising complexion culture is greatly
Though heartily agreeing that the legislature may properly devise improvements over what has heretofore been the state policy towards its teaching force, yet I cannot concur in the view of the majority upon the question of statutory construction here presented.
The amount here authorized to be paid to the beneficiary of Professor Dudgeon over the conceded amount of $782, the fund actually in existence at the time of his death, is plainly a contribution from state funds to the amount of such balance of $16,695.74; it is life insurance rather than pension; and is paid to one who rendered no services as a teacher. It is conceded that no express language is found in the statute relied upon to support such construction authorizing payment of such purely mathematical accumulation. That the legislature which so carefully provided by express language for the application of such mathematical accumulations failed to expressly provide for such payment as is here authorized is alone sufficient reason against the construction of the majority.
If there is to be judicial expansion of statutes I think it should be towards tightening rather than loosening the strings to the public purse.
Neither can I agree with the majority opinion that there is no invasion of constitutional provision by the act as it is now construed.
To one who has been in the public school service less that twenty-five years, neither he nor any beneficiary can receive more than the fund made up by the actual contributions on his own behalf and by the state during such period; to one who has served twenty-five years or more, or to his beneficiary, may be paid an amount which is increased by reason of services rendered under contracts definitely fixing the compensation for such services prior to the twenty-five years and which present allowance increases in proportion
I shall-content myself with this expression without mentioning other serious constitutional questions presented.
A motion for a rehearing was denied, without costs, on October 16, 1923.