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← 120 Ind. App. 439 - Jensen v. Pritchard

120 Ind. App. 439 - Jensen v. Pritchard’s Empirical Analysis

1950

Citation profile

28
cited by 28 later decisions
3
states following
March 1986
most recently cited

28 state decisions

How this case has been cited

Cited by 28 later decisions — most recently March 1986 · most notably KLAMM v. State of Indiana Ex Rel. Carlson (1955), Ballard v. Board of Trustees of Police Pension Fund (1975)

28 state decisions

1401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Pennie v. Reis · Pennie v. Res · State ex rel. Risch v. Board of Trustees of the Policemen's Pension Fund · Raines v. Board of Trustees Pen. Fund · People Ex Rel. Donovan v. Retirement Board of the Policemen's Annuity & Benefit Fund

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The whole difficulty in this case arises from a failure to distinguish between a pension fund and an annuity fund derived in part from voluntary contributions made under a statutory option to contribute or refrain from contributing. A ‘pension’ is in the nature of a bounty springing from the appreciation and graciousness of the sovereign, and may be given, withheld, distributed, or recalled at its pleasure. “For this reason it is held that a pensioner has no vested right in a pension fund. It has also been held that the character of a pension fund is not changed by compulsory contributions by way of exactions from the salaries or wages of public officers and employees. It is said that such payments into the fund are not in fact payments by the officer or employee, and the employment is accepted with knowledge that certain amounts will be deducted each month and placed in the pension fund; that the money is not first segregated from the public fund so as to become private property and then turned over to the pension fund, but is set aside or transferred from one public fund to another, and remains public money over which the person from whose salary it is deducted has no control, and in which he has no right.””
    1 later decision quote this exact passage
  2. “[W]e cannot give the amendment retrospective effect to the extent that it takes away or impairs vested rights acquired under the original act or creates new obligations in respect to transactions already passed. (Citations omitted). The rights and obligations of the parties in the annuity contract the appellee now holds became vested prior to the 1947 amendment. The effect of the amendment as advocated by the appellee would materially alter said contract and impose additional obligations on the appellants.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.