McCarrey v. Utah State Teachers' Retirement Board

• Court: Utah Supreme Court
• Writing for the Court: Wolfe, Justice.
• Citation: McCarrey v. Utah State Teachers' Retirement Board, 111 Utah 251, 177 P.2d 725 (Utah 1947)
• Decision Date: 03 February 1947
• Docket Number: 6939
• Parties: McCARREY v. UTAH STATE TEACHERS' RETIREMENT BOARD et al

177 P.2d 725

111 Utah 251

McCARREY v. UTAH STATE TEACHERS' RETIREMENT BOARD et al

No. 6939

Supreme Court of Utah

February 3, 1947

Alternative writ of mandamus recalled and case dismissed.

M C. Harris, of Logan, for plaintiff.

Grover A. Giles, Atty. Gen., Calvin Rampton, and O. N. Ottoson, Deputy Attys. Gen., for defendants.

Wolfe Justice. McDonough, C. J., and Pratt, Wade, and Latimer, JJ concur.

OPINION

Wolfe, Justice.

This is an original action in mandamus to compel the Utah State Teachers' Retirement Board to compute plaintiff's teacher retirement benefits on the basis of 36 years of service instead of 18 years of service.

Plaintiff taught in the public schools of this state from 1903 to 1905 and from 1925 to 1942, a total of 18 years. From 1907 to 1925, a total of 18 years, she was a teacher at Brigham Young College at Logan, Utah. During the time she taught at Brigham Young College that school was not a public school but was owned, operated and maintained by the Church of Jesus Christ of Latter Day Saints. Credits from the Brigham Young College were approved and accepted by the University of Utah, the Utah State Agricultural College and the State Board of Education.

Plaintiff became a contributing member of the State Teachers' Retirement System prior to July 31, 1938, and continued to be a contributing member until June 1, 1942, when she was retired. By her retirement she ceased to be a member of the Teachers' Retirement System. Section 75-29-34, U. C. A. 1943.

From the effective date of her retirement the plaintiff began receiving monthly retirement benefits from the Teachers' Retirement System based upon the 18 years of teaching service in the public school system. The law in effect in 1943 when the plaintiff retired provided that teachers' retirement benefits were to be based on the years of service in the public schools only.

The legislature in 1945 amended the Teachers' Retirement Act (Sections 19-53, Chapter 29, Title 75, U. C. A., 1943). It expanded the definition of "teacher" to include in addition to teachers in the public schools a person

"who taught in schools of this state whose credits were approved by the University of Utah or the Utah State Agricultural College or the State Board of Education and who became contributing members of the state teachers' retirement system prior to July 31, 1938."

The definition of "service" was enlarged to include not only service in the public school system but also in all schools whose credits were approved by the University of Utah, the Utah State Agricultural College or the State Board of Education. 75-29-21.

Plaintiff contends that the 1945 amendment entitles her to retirement benefits computed on the basis of 36 years of service, that is, the total years served in the public school system plus the years served in Brigham Young College instead of merely for the 18 years of service in the public school system as allowed by the Board.

The purpose of the Teachers' Retirement Act is to attract to and retain in the public school system qualified and experienced persons as teachers. Driggs v. Utah State Teachers' Retirement Board, 1943, 105 Utah 417, 142 P. 2d 657.

Amendments to the Teachers' Retirement Act which increase the retirement benefits clearly increase the inducement to teachers in the system to continue to serve and increase the inducement to qualified persons outside the system to become members thereof.

However increases in the benefits to teachers who have already retired do not substantially tend to attract qualified persons to the system or to induce members of the system to remain therein. Increases in benefits of persons who have previously retired do not substantially aid in the fulfillment of the purposes of ...