Board of Trustees of the Policemen's & Firemen's Retirement Fund v. Cary

Several employees of the City of Gadsden brought an action for declaratory judgment in the Circuit Court to have their rights declared under a retirement plan authorized by the legislature. Certiorari was granted by this Court to review the decision of the Court of Civil Appeals which reversed the judgment rendered in the Circuit Court.

The issues concern the effect of a legislative amendment to the original retirement act.

As noted in the opinion of the Court of Civil Appeals, the Circuit Court found that the rights of city employees who had retired or who had become eligible for retirement…