(Download) "State Teachers' Retirement Board v. E. C." by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: State Teachers' Retirement Board v. E. C.
- Author : Supreme Court of Wisconsin
- Release Date : January 29, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Declaratory judgment. Suit by the State Teachers' Retirement Board against E. C. Giessel, director of the department of budget
and accounts of the state of Wisconsin, to declare the state teachers' retirement system was not liable for the payment of
$18,737.14 to the general fund of the state of Wisconsin and such amount could not be withheld by the defendant from the money
certified by the plaintiff for transfer to the state teachers' retirement system on the ground that such withholding by the
defendant or the payment by the plaintiff was unauthorized and illegal, and to require the defendant to prepare his warrant
or voucher transferring such sum from the general fund to the state teachers' retirement fund. The defendant demurred. The
trial court overruled the demurrer. The effect of the trial court's decision was to hold part of ch. 477, Laws of 1955, unconstitutional.
The defendant appealed. Because the attorney general represented the state teachers' retirement board, the governor appointed
J. Robert Kaftan to represent the defendant. Ch. 477, Laws of 1955, created the Governor's Commission on the Study of Retirement Systems. The duty of the commission was
to study the broad policy issues involved in a retirement system. A report to the governor and the legislature was to be made
not later than January 15, 1957. Sec. 2 of the act created sec. 20.02(11), which provided for an appropriation from the general
fund of a nonlapsible sum sufficient, but not to exceed $40,000, to conduct the study, and at the Conclusion of the study
the general fund was to be reimbursed from the earnings of the Wisconsin retirement fund and the teachers' retirement fund
for all but $10,000 of the amount expended for the cost of making the study. This section also provided it was the intent
of the legislature that the retirement funds pay for the technical aspects of the study and the clerical and administrative
costs be paid from the general fund and that the two retirement funds be billed by the commission in accordance with an equitable
distribution of costs and such reimbursements be deposited in the general fund as non-appropriated revenue. 1
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