Driggs v. Utah Teachers Retirement Board

CROCKETT, District Judge.

The plaintiff, Frank M. Driggs, was retired under the Utah Teachers’ Retirement System in November of 1940, and his “retirement allowance” or “pension” was fixed and allowed by the defendant, Utah State Teachers’ Retirement Board, in the sum of $143.58 per month for the remainder of his life. The 1941 legislature amended the law so that as it has been interpreted and applied by the defendant Board, the sum he receives per month was reduced to $98.19 per month. The question is squarely presented here: Is this an unconstitutional invasion of his vested contract rights?

Th…