Corwin v. Bieswanger, 9106
| Decision Date | 12 December 1952 |
| Docket Number | No. 9106,9106 |
| Citation | 126 Mont. 337,251 P.2d 252 |
| Parties | CORWIN v. BIESWANGER et al. |
| Court | Montana Supreme Court |
Arnold H. Olsen, Atty. Gen., John W. Mahan, Helena, for appellants.
Sam D. Goza, Jr., Helena, for respondent.
This is an appeal by the defendants from a judgment in favor of the plaintiff. Assignments of error are predicated upon certain findings of fact, conclusions of law and the judgment entered. The controversy arises over the interpretation of sections of the Public Employees Retirement Act, R.C.M.1947, Sec. 68-101 et seq.
The Facts. J. W. Corwin, a citizen of the United States and a resident of Montana, was on June 17, 1948, an employee of the state of Montana, directly appointed by the governor as a member of the state liquor control board and duly qualified, serving and acting as such. In this capacity he was paid on a per diem basis and served as required by law. On June 17, 1948, Corwin filed with the board his election in writing to become a member of the public employees retirement system, having prior service credit as a member of the state legislature. On June 20, 1948, Corwin paid into the public employees retirement system the sum found necessary by said board as required by the Act to enable him to become a member thereof as of July 1, 1945, together with the proper membership fees. Prior to December 1, 1949, Corwin reached the age of 74 years and thereupon made application for retirement benefits under the provisions of the Act. Thereafter, and on or about the 16th day of December, 1949, at a regular meeting of the board Corwin's claim was approved subject to completion and approval of the secretary and determination of the amount by the board's actuary. On December 27, 1949, Corwin's application was fully approved, as required by law, and Corwin was granted thereby retirement benefits in the sum of $34.82 per month as a member of said system. On or about March 17, 1950, the board refused and has continued to refuse to pay Corwin any further benefits under the Act. The board has taken the position that Corwin never was legally eligible to become a member of the public employees retirement system of the state of Montana due to the fact that he was a member of a state board which served the state intermittently and was paid on a per diem basis, citing R.C.M.1947, Sec. 68-102, as its authority for its action.
R.C.M.1947, Sec. 68-102, defines 'state employee' and specifically excepts therefrom all elective and all appointive officers, court commissioners, the members of any state board or commission who serve the state intermittently and are paid on a per diem basis, excepting as 'herein otherwise provided' in the Act.
From this section alone it would appear all elective and all appointive officers of the state are denied the privilege of membership in the system. If this were the only related provision of the Act, the defendants' contention would have merit, and thereby all elective and all appointive officers might not be eligible as members of the system, and specifically it would eliminate all elective officers, such as lieutenant governor, all members of the senate and house in our legislature, the members of this board and many other like boards, who serve intermittently and are paid on a per diem basis, as well as many appointive officers; this section applies with equal force to some county officers.
We do not...
To continue reading
Request your trial
-
Bender v. Roundup Min. Co.
...provisions or particulars such a construction is, if possible, to be adopted as will give effect to all. Compare Corwin v. Beiswanger, 126 Mont. 337, 339, 251 P.2d 252. 'R.C.M.1947, § 12-202, in part, "The codes establish the law of this state respecting the subjects to which they relate an......
-
Doull v. Wohlschlager
...836. The objects sought to be achieved by legislation are of prime consideration in interpretation of such legislation. Corwin v. Bieswanger, 126 Mont. 337, 251 P.2d 252. Moreover, the word 'used' in the last sentence of section 16-4102, supra, is a verb used in a noun phrase as a participi......
-
State v. Thompson, 83-134
...of a statute shall be given effect, if possible." Crist, supra, 622 P.2d at 1029, 38 St.Rep. at 152, citing Corwin v. Bieswanger (1952), 126 Mont. 337, 251 P.2d 252. This Court does not have the power to remove or ignore language in a The second consideration is how similar implied consent ......
-
Crist v. Segna
...Anaconda Company (1968), 151 Mont. 76, 438 P.2d 660. All provisions of a statute shall be given effect, if possible. Corwin v. Beiswanger (1952), 126 Mont. 337, 251 P.2d 252. This Court presumes that the legislature would not pass meaningless legislation; and must harmonize statutes relatin......