Bonnette v. Karst

ON REHEARING

I respectfully dissent.

The issue before us is whether the legislature may require the mandatory retirement of a fire chief and other firemen over the age of sixty-five. The case involves a conflict between a statute and the Constitution. We now hold that the statute controls.

The firemen have sought declaratory judgment to obtain a ruling that R.S. 42:691 conflicts with the tenure provisions of Article 14, Section 15.1 of the Louisiana Constitution.

R.S. 42:691 provides that any public employee who is a member of a retirement *898system “shall he separated from the public service” upon…