Board of Ed. of City of Louisville v. City of Louisville

Opinion op the Court by

Stanley, Commissioner—

Affirming in part and reversing in part.

The case involves the validity of that part of Section 49 of the Teachers’ Retirement Act of 1938, Acts of 1938, 1st Ex. Sess., Chapter 1; now Section 4506b-l et seq., Statutes, Supplement 1939, which makes provision for the continuance of payments to teachers on the retirement roll of a local system at the time it is discontinued by being merged into the state system. The circuit court held so much of it as mandatorily requires the levy of a special tax for that purpose to be unconstitutional because not…