(DOWNLOAD) "Dormand O. Hanson v. City Idaho Falls" by Supreme Court of Idaho No. 10217 * eBook PDF Kindle ePub Free
eBook details
- Title: Dormand O. Hanson v. City Idaho Falls
- Author : Supreme Court of Idaho No. 10217
- Release Date : January 31, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellants are all former members of the Idaho Falls police department. They brought this action to recover the entire amount
deducted from their salaries and placed in the Policeman's Retirement Fund. Appellants contend that the law creating the fund
is unconstitutional. The district court found that the law was constitutional and granted summary judgment in favor of the
defendant city, respondent here. The Policeman's Retirement Fund (P.R.F.) was created pursuant to Title 50, Chapter 21 of
the Idaho Code enacted in 1947 (revised and recompiled as Title 50, Chapter 15 of the Idaho Code in 1967). The P.R.F. Act
permitted cities to establish a fund to provide municipal policemen with retirement compensation and disability, death and
funeral benefits. In the event of the death of a policeman, certain benefits are also provided for surviving widows and minor
children or dependent parents. The plan is funded by deductions up to 4% of the individual policeman's salary and a contribution
by the city of the revenue derived by a levy not to exceed two mills assessed against property within the city's corporate
limits. The fund is administered by a board consisting of the city council and three police officers elected by members of
the force. The City of Idaho Falls voluntarily set up a policeman's retirement fund and a board to administer the fund in
compliance with the P.R.F. Act in 1947, long prior to the employment of any of appellants as policemen. Appellants contend
that the P.R.F. Act violates art. VIII 3 and 4, and art. XII 4 of the constitution of the
State of Idaho. It is the opinion of this court that the Act is constitutional. The asserted violation of art. VIII, 3, presents the most serious challenge. Accordingly, we deal with it first.
This section provides, in part: