Frazier v. City of Mobile

ON APPLICATION FOR REHEARING

This Court's original opinion of September 28, 1990, is withdrawn, and the following opinion is substituted therefor.

Frazier was employed by the City of Mobile (the "City") from August 1951 until his retirement on March 1, 1982. In September 1951, the Alabama Legislature adopted Act No. 773, Acts of Alabama 1951, which enabled the City to establish a retirement fund for its employees. Act No. 749, Acts of Alabama 1967, allowed the City's employees to participate in the State retirement system and provided several options concerning how their retirement would be…