McCord v. Iowa Employment Security Commission

56 N.W.2d 5, 244 Iowa 97, 1952 Iowa Sup. LEXIS 470
CourtSupreme Court of Iowa
DecidedDecember 16, 1952
Docket48159
StatusPublished
Cited by4 cases

This text of 56 N.W.2d 5 (McCord v. Iowa Employment Security Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCord v. Iowa Employment Security Commission, 56 N.W.2d 5, 244 Iowa 97, 1952 Iowa Sup. LEXIS 470 (iowa 1952).

Opinion

MulroNEY, C. J.

The dispute here is whether Cora H. McCord, a public schoolteacher who retired in 1948 while entitled to primary insurance benefits under the Iowa Old-Age and Survivors’ Insurance System, should receive the increased benefits provided by chapter 69, Acts of the Fifty-third General Assembly, which became effective May 12, 1949. The problem comes before us on a record which suggests other questions for it appears that after the plaintiff retired she returned to her profession of teaching and, under applicable provisions of the law, her insurance benefits were suspended. She was teaching at the time of trial in the lower court, but the plaintiff and the defendant-commission by sweeping stipulations turned the proceeding into a declaratory judgment action for a determination of plaintiff’s rights to insurance benefits when she ceases her employment. A majority of the three-member commission (commissioner Stiger dissenting) ruled Cora H. McCord would not be entitled to the *99 increased benefits when she ceased her employment. The district court reversed this ruling by a written decision, as broad as the commissioners’ ruling, holding an employee covered by the Act who retired prior to May 12,1949, the effective date of the amendment, would after said date be entitled to receive the increased benefits provided by the amendment. There were other questions decided by the trial court’s decision but the above ruling is the only portion of the trial court’s decision challenged and argued by the commission on this appeal.

The Iowa Old-Age and Survivors’ Insurance System was created and became effective January 1, 1946, and it appears in the Code of that year as chapter 97. Its purpose is to provide a retirement system for public employees which will pay annuities to such public employees and their dependents in old age or death and thereby promote economy and efficiency in government. Section 97.2. Like all such laws providing for insurance and old-age benefits it should be liberally construed in favor of those seeking its benefits. Iowa Employment Security Comm. v. Marshall County, 242 Iowa 1254, 49 N.W.2d 829; Ewing v. McLean, 9 Cir., Idaho, 189 F.2d 887; Carroll v. Social Security Board, 7 Cir., Ill., 128 F.2d 876.

The Act creates á special trust fund financed by deductions from an employee’s wages and a matching tax by the political subdivision employer. Section 97.13, Code, 1946, provided for the benefits under the Act, stating:

“Every individual, who (1) i's a fully insured individual * * * (2) has attained the age of sixty-five, and (3) has filed application for primary insurance benefits, shall be entitled to receive a primary insurance benefit (as defined in section 97.45, subsection 4), for each month, beginning with the month in which such individual becomes so entitled to such insurance benefits and ending with the month preceding the month in which he dies.”

There has been no amendment of the above statute. Section 97.45, subsection 4, referred to in the above statute, originally provided in part as follows:

*100 “4. The term ‘primary Insurance benefit’ means an amount equal to the sum of the following—
“a. (1) Forty percent of the amount of an individual’s average monthly wage if such average monthly wage does not exceed fifty dollars, or (2) if such average monthly wage exceeds fifty dollars, forty percent of fifty dollars, plus ten percent of the amount by which such average monthly wage exceeds fifty dollars and does not exceed two hundred fifty dollars, and * *

The Fifty-third General Assembly, chapter 69, section 1, amended the above portion of section 97.45 by striking the word “forty” where it appears twice in paragraph “a” and inserting the word “sixty” in each instance. This amendment became effective upon publication on May 12, 1949.

I. The question for decision is, as w.e have stated, the correctness of the trial court’s ruling that an employee who had retired prior to May 12, 1949, would after said date be entitled to the increase which in this case and perhaps in most cases would be $10 a month. The commissioners’ argument is that the legislature did not make the amendment applicable to those public employees who had retired prior to the effective date of the amendment. It is true the legislature did not in so many words specifically state the amendment was to apply to those employees who retired before the effective date of the Act. So too it is also true the legislature did not provide it was only to affect those public employees who retired after the effective date of the amendment. Section.97.45 is a definition statute wherein the legislature, in the longest section of the Act covering nearly two pages of the Code, supplies the glossary of “terms” used elsewhere in the Act. The day the amendment became effective the legislative definition of the term “primary insurance benefit” as used elsewhere in the chapter became sixty percent instead of forty percent. By supplying the legislative definition as amended for the term “primary insurance benefit” as it appears in section 97.13, previously quoted, the latter statute is made to read: “Every individual, who (1) is a fully insured individual and (2) has attained the age of 65 and (3) has filed application for primary insurance benefits, shall receive sixty percent of the amount of his average monthly wage if such average monthly wage does not *101 exceed fifty dollars or if such average monthly wage exceeds fifty dollars, sixty percent of fifty dollars, etc., for each month.” There is not the slightest indication of a legislative intent to have the new definition of the term “primary insurance benefit” apply only to insured individuals who file for benefits after the effective date of the amendment. The plain legislative intent is to change the meaning of a “term” used in a statute (section 97.13) applicable alike to all insured individuals who have or who in the future will file for primary insurance benefits after reaching age sixty-five. This is not giving the amendment a retroactive effect as the commission contends. It gives it present application on its effective date. Three facts must exist under the wording of section 97.13 before an individual is entitled to primary insurance benefits: (1) that he “is a fully insured individual,” (2) that he “has attained the age of sixty-five,” (3) that he'“has filed application for primary insurance benefits.” When these three facts exist the individual becomes entitled to primary insurance benefits. These three facts exist for all those who retired before the effective date of the amendment.

The legislature changed the monthly benefit payable to all qualified individuals after the effective date of the amendment. The law making the monthly benefit payable to any qualified individual who “has filed application” for benefits was not changed. The benefit for anyone who “has filed application” was changed.

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Related

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362 S.W.2d 571 (Supreme Court of Missouri, 1962)
City of Iowa City v. White
111 N.W.2d 266 (Supreme Court of Iowa, 1961)
Byers v. Iowa Employment Security Commission
76 N.W.2d 892 (Supreme Court of Iowa, 1956)
Eichelberger v. City of Berkeley
293 P.2d 1 (California Supreme Court, 1956)

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Bluebook (online)
56 N.W.2d 5, 244 Iowa 97, 1952 Iowa Sup. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccord-v-iowa-employment-security-commission-iowa-1952.