holding Act unconstitutional for persons who were members of retirement system at the time of the enactment, but finding Act constitutional as applied to those who became members of the retirement system subsequent to the effective date of the Act, even though the Act had a non-severability provision
How later courts described this case
- holding Act unconstitutional for persons who were members of retirement system at the time of the enactment, but finding Act constitutional as applied to those who became members of the retirement system subsequent to the effective date of the Act, even though the Act had a non-severability provision
- holding nonseverability provision inapplicable where Act is unconstitutional only as applied to persons who were members of retirement system at time of the enactment, but constitutional as applied to those who became members of the retirement system subsequent to the effective date of the Act
- noting that through a "comprehensive legislative scheme governing the operation and administration of public education," the Commonwealth has granted "broad power" to school districts to act on behalf of the Commonwealth to educate public school students
- "the General Assembly has established a comprehensive legislative scheme governing the operation and administration of public education. Those local agencies created to administer the system have been delegated broad powers"
Written by the judges who cited it.
The opinion
HUTCHINSON, Justice,
concurring.
I agree with the majority’s disposition of this case but continue to adhere to the views expressed in my concurring and dissenting opinion in Association of State College and University Faculties v. State System of Higher Education, 505 Pa. 369 , 479 A.2d 962 (1984).