(Download) "Abshire v. School District" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Abshire v. School District
- Author : Supreme Court of Montana
- Release Date : January 22, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1. Schools and school districts ? Voluntary retirement. The language of Teachers Retirement Act providing that a teacher who has attained the age of 60 and has completed 15 years of creditable service, the last 10 of which have been in the state, "may" retire is purely permissive, permitting voluntary retirement at age of 60. 2. Schools and school districts ? Compulsory retirement. The language of Teachers Retirement Act providing that a teacher who has attained the age of 70 "shall" be retired on the first day of September following his 70th birthday is mandatory and compels such retirement. 3. Schools and school districts ? Public policy declared. The Teachers Retirement Act constitutes the declared public policy of the state on the subject of retirement of public school teachers so far as age is concerned. 4. Schools and school districts ? School district is public corporation with limited powers. A school district is a public corporation with very limited powers and it may, through its board, exercise only such authority as is conferred by law, either expressly or by necessary implication. 5. Schools and school districts ? Powers of School Trustee. School trustees may lawfully exercise only such powers as the law confers upon them and the statute granting such powers must also be regarded as a limitation upon the powers granted. 6. Schools and school districts ? Knowledge of limitations of the Law. School trustees are bound to know that they cannot go beyond the limitations which the law has placed upon them. 7. Schools and school districts ? Action of Board of School Trustees contrary to law and void. Motions adopted by board of trustees of school district purporting to compel involuntary retirement of otherwise competent, licensed and qualified teachers at the age of 65 and notices given teachers pursuant thereto were contrary to declared public policy of state, providing for compulsory retirement at age of 70, and were therefore void.