Child v. Teachers' Annuity & Aid Ass'n

Citations

• 21 Pa. Super. 480
• 1902 Pa. Super. LEXIS 387

Syllabus

<p>Beneficial association — Qualifications of membership — Teachers—School teaching.</p> <p>The constitution of a beneficial association declared that the purpose of the association was “ to furnish pecuniary aid from time to time to such of its members as shall be incapacitated from teaching in the public .schools of the city of Philadelphia by reason of sickness or advanced age,” and that the membership should be confined to those “in the employ of the board of public education of the city of Philadelphia, or of any of the boards of directors of the several sections of said district.” It was also provided that “ all women who have completed a term of school service of thirty-five years, and been members of the association for two years .... shall, if they desire, be declared to be annuitants, and upon such action by the board of trustees shall receive an annuity .... The said terms of school service of those who join this association within the first two years from the date of organization may have been commenced in this city or elsewhere; but of those who shall join after the said two years, the term of such service shall have been commenced in the public schools in Philadelphia.” Held, that a woman who joined the association within two years from its organization, and had served twenty years out of thirty-five years of school service in private schools was entitled to an annuity, and if she has established this fact, she cannot be defeated of her right by the refusal of the board of trustees to grant her application, on the theory that the trustees were a tribunal for the final •adjudication of the rights of the parties.</p>