Opinion

Lowe v. Pension Board of the General Retirement System for Employees of Jefferson County

  • 665 So. 2d 195
  • 1995 Ala. LEXIS 283
  • 1995 WL 385886
Court
Supreme Court of Alabama
Filed
Jun 30, 1995
Status
Published
Author
Houston
On the bench
Almon, Shores, Ingram, Butts, Houston, Maddox
Cited by
1 cases

Overruled in part by City of Tuscaloosa v. Kamp, 1995 Ala. LEXIS 414 (1995)

Later courts went against this

  • Overruled in part by City of Tuscaloosa v. Kamp, 1995 Ala. LEXIS 414 (1995)

    Therefore, because we fail to see the logic in trying to determine whether the legislature’s elimination of one-half, one-third, one-fourth, etc., of the territory from a bill, as published, constitutes a material change in the bill so as to violate § 106, we overrule the holding in City of Mobile v. Aborady and the dicta in Lowe, to the extent that they authorize or support the use of such a quantitative analysis in…
    Supreme Court of AlabamaOct 27, 1995in partRead it

The opinion

HOUSTON, Justice

(concurring specially).

In my opinion, the substance of the notice required by § 106 of the Constitution of Alabama of 1901 must include notice that the bill will require an expenditure of public funds, if that is the ease. Act No. 93-927, Ala.Acts 1993, requires the expenditure of public funds (the Jefferson County Commission must match an amount equal to the sum of all payments made by classified employees and elected officials who convert “unpaid service” to “paid service” and must pay interest on its matching payments); and I do not get a hint from the notice regarding Act No. 93-927 that public funds must be expended in the conversion of prior service to creditable service.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.