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SCHOOL TEACHERS FUND

An act to create and administer a public school

teachers' annuity and retirement fund in the several counties and cities and counties of this state.

[Approved March 26, 1895. Stats. p. 170.] SECTION 1. The superintendent of public schools, (or in consolidated cities and counties, the superintendent of common schools), the county treasurer, (or in consolidated cities and counties, the city and county treasurer), and the chairman of the board of supervisors, (or in consolidated cities and counties, the mayor), of each county, or consolidated city and county, and their successors in office, are hereby constituted a board of trustees of the public school teachers' annuity and retirement fund, to manage the same as hereinafter directed; said board shall be known as the public school teachers' retirement fund commissioners, and its members shall serve without extra compensation, and shall be liable on their official bonds for the performance of the duties imposed by this act. It shall be the duty of the district attorney of every county, or the city and county attorney of every consolidated city and county, to attend to all suits, matters, and things in which the said board of commissioners may be legally interested, and to give his advice or opinion, in writing, whenever required by said board. Amendment of 1897, Stats.

p. 225.]

SEC. 2. The public school teachers' retirement fund commissioners shall organize as such board by choosing one of their number as chairman, and one as secretary. The county treasurer, or in consolidated cities and counties, the city and county treasurer, shall be ex officio treasurer of said retirement fund. Said board shall hold quarterly meetings on the third Saturday in January, April, July, and October of each year, at the office of the county superintendent of public schools, or, in consolidated cities and counties, at the office of the superintendent of common schools. It shall biennially, at its meeting in January, select from its members a chairman and a secretary. A majority of its members shall constitute a quorum for the transaction of business. It shall report annually to the board of supervisors of the county, or consolidated city and county, the condition of said retirement fund, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund, and the amounts paid to each of them. (Amendment 1897, Stats. p.

SEC. 3. Said board of public school teachers' retirement fund commissioners shall issue warrants, signed by its chairman and secretary, to the persons entitled thereto, for the amounts of money ordered paid to such persons from said fund by said board, stating therein for what purpose such payment is made, and the treasurer shall pay such warrants on presentation. Said board shall keep a record of all its proceedings, and said record shall be open to public inspection. It shall, at each quarterly meeting, make a list of all persons, if any, entitled to payment out of the funds provided by this act, and enter said list in a book to be kept by them for that purpose, to be known as the public school teachers' annuity and retirement fund book, which list shall be sworn to as correct by the chairman and the secretary of said board, and which shall be open to public inspection. [New section added 1897, Stats. p. 225.]

SEC. 4. In addition to the powers hereinbefore granted to said board, it shall have the further power, (1) to provide for the payment, out of the hereinafter described annuity fund, of necessary expenses, such as printing, stationery, and postage stamps; and in counties, or in consolidated cities and counties, where the number of those subject to the burdens of this act is greater than two hundred, to employ a clerk at a salary not to exceed twentyfive dollars per month; (2) to make such needful rules and regulations for the transaction of its business, from time to time, as may be necessary. [.Amendment 1897, Stats. p. 225.]

SEC. 5. Those subject to the burdens of this act in each county, or in each consolidated city and county, at a meeting called for that purpose by the superintendent of public schools of such county, or by the superintendent of common schools of such city and county, on the first Saturday in May following the creation of a fund hereinafter specified, shall elect by ballot five of their number, who shall constitute a committee on retirement; the members of said committee shall, immediately after their election, classify themselves by lot so that one shall serve for one year, two shall serve for two years, and two shall serve for three years; and thereafter, annually, at a meeting called in the same manner on the first Saturday in May, the successor or successors of the member or members of said committee whose term of office has expired, shall be elected for a term of three years; provided, however, that said committee shall always consist of at least one class teacher from some primary school, one from some grammar school, and one from some high school within the county, or consolidated city and county, whenever such election is possible. [New section added 1897, Stats. p. 225.]

SEC. 6. The board of education of any incorporated city or town, and the board of trustees of any school districts outside of said city or town, shall refer all applications for retirement to said committee on retirement, or may, of its own motion, submit the name of any person or persons, whom it desires to have retired, to the said committee on retirement, and it shall thereupon be the duty of said committee to investigate the case and report to said board of education or board of trustees, whether or not said teacher should be retired, and the annuity to which said teacher is entitled, if entitled to any. At least three members of the said committee must concur in the report, if it be in favor of granting said annuity. This report of said committee shall be final. Said board of education, or board of trustees, shall thereupon certify and send this report to the public school teachers' retirement fund commissioners, who shall be bound by its decision. [New section added 1897, Stats. p. 225.]

SEC. 7. In addition to the powers heretofore granted to said committee on retirement, it shall have the power (1) to subpoena and compel witnesses to attend and testify before it on all matters relating to the operation of this act, and any member of said committee may administer an oath or affirmation to such witness in the form prescribed in courts of justice; (2) to make such rules and regulations for the transaction of its business as may from time to time be necessary. [New section added 1897, p 225.]

SEC. 8. (a) Any teacher who shall have served in the public schools of this state for a period of thirty years, as a teacher or school officer, and who shall havo been subject to the burdens imposed by this act for thirty years, shall be entitled to retire and to receive from the public school teachers' annuity and retirement fund the sum of thirty dollars ($30) per month in counties, and fifty dollars per month in consolidated cities and counties, payable quarterly; and any teacher who shall have become incapacitated for performing the duties of a teacher, and who shall have been a contributor to the annuity fund for at least five years, shall be entitled to retire and to receive an annuity from the public school teachers' annuity and retirement fund equal to such proportion of the maximum annuity granted under this act, as the time that he or she has been subject to the burdens imposed by this act, bears to the period of thirty years; provided, how

erer, that any annuity shall be suspended if its recipient return to service in the public schools, and any annuity less than two-thirds of the maximum annuity shall cease if the committee on retirement constituted in section five of this act, shall at any time decide that its recipient has been restored to the capacity of performing the duties of a teacher, and has been reimbursed from the annuity fund at least the full amount of his or her contribution thereto; prorided further. that such proportionate reduction shall not apply to those now employed in the public schools who shall have filed the notice hereinafter specified within ninety days after the passage of this act in counties, or in consolidated cities and counties where the provisions of the act to which this act is amendatory are now applicable, and within ninety days after the establishment of the fund hereinafter specified in all other counties, or consolidated cities and counties, and who shall have paid at the time of their retirement an amount equal to what they would hav paid into the fund had they been contributing thirty years; prouided further, that if a person cease to teach in any county, or city and county where he or she has been subject to the burdens imposed by this act, then after such person has taught in the public schools of this state for thirty years, he or she shall be entitled to retire and to receive from the public school teachers' annuity a nd retirement fund of the county, or consolidated city and county to which he or she has contributed, an annuity equal to such proportion of the maximum annuity granted under this act, as the time that he or she has been subject to the burdens imposed by this act in such county, or city and county, bears to the period of thirty years; and provided further, that if any teacher shall be compelled by reason of ill health, to retire from the profession of teaching after the expiration of five years and before the expiration of thirty. (30) years of service in the public schools of this state, such retiring teacher, if a contributor to the annuity fund at the time of

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