Hamm v. Philadelphia Board of Education

FORER, J.,

Plaintiff brings this action in equity attacking the constitutionality of section 1122 of the Pennsylvania Public School Code of March 10, 1949, P.L. 30, as amended, 24 P.S. §11-1122, which permits a school board to terminate the services of a professional employe at the age of 65 or the age at which the employe becomes eligible to receive full benefits under the Federal Social Security Act.1 Plaintiff is a 69-year-old man in good health who had been employed as a Philadelphia school teacher for more than 25 years. Plaintiff admits that he was eligible to receive full benefits at…