In re Fitzpatrick

H. T. Kellogg, J.:

The law, entitled “ State Teachers’ Retirement Fund for Public School Teachers,” being article 43-B of the Education Law (added by Laws of 1920, chap. 503, as amd.), provides for the retirement of certain member teachers, upon allowances to be made, in the event of superannuation or disability, but in no other event. Section 1109 of the Education Law (added by Laws of 1920, chap. 503, as amd. by Laws of 1923, chap. 48) deals with “ superannuation retirement.” The list of teachers entitled to this form of retirement includes a teacher member sixty years of age who has…