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as the board of trustees deems best, with a view of obtaining and imparting knowledge concerning the scientific management and use of forests, their regulation and administration, and the production, harvesting and reproduction of wood crops and the earning of revenue therefrom.

§ 3. Management and control of college. The care, management and control of such college and the property and premises required therefor shall be exercised by a board of twelve trustees. The state forest, fish and game commissioner, the state commissioner of education and the chancellor of Syracuse University, shall be ex-officio members of the board of trustees. Of the remaining nine members of the board of trustees, three shall be appointed by the governor, by and with the advice and consent of the senate, and six by the board of trustees of Syracuse University. The members appointed by the governor and by the board of trustees of Syracuse University shall be divided into three classes, so that the terms of one-third thereof shall expire on June thirtieth, nineteen hundred and twelve, and one-third thereof on the thirtieth day of June of each second year thereafter. Successors to such trustees shall be appointed by the governor and by the board of trustees of Syracuse University for full terms of six years. In case of any vacancy in the office of any appointive trustee his successor shall be appointed for the unexpired term for which he was appointed. The members of the board of trustees shall serve without compensation, but shall be entitled to their actual necessary expenses incurred in the performance of their duties.

§ 4. Powers and duties of board of trustees. The board of trustees of such college of forestry shall have the general care, supervision and control of such college and of its officers, and to carry out its objects and purposes shall:

1. Employ and at pleasure remove teachers, experts and all necessary clerks and assistants.

2. Adopt rules, not inconsistent with law, controlling the affairs of such college.

3. Prescribe the course of instruction and the methods of investigation and experiments to be followed in such college, and the degree to be conferred on graduation therefrom.

4. Report to the legislature on or before the first day of February a detailed statement of the general operation of such college for the year ending on the thirtieth day of September then next preceding.

§ 5. Property acquired to belong to the state. All lands purchased and other property acquired with moneys appropriated by the state for such college of forestry shall be and remain the property of the state. If real property is purchased, the title thereto shall be conveyed to the people of the state of New York, and the sufficiency of such title and the form of conveyance shall be approved by the attorney-general.

§ 6. Admission to college; disposition of fees and income. Students who are bona fide residents of the state of New York for one year preceding the date of admission shall be entitled to free tuition in such college. Other fees and charges, if any, in such college and any moneys received from tuition paid by students not residents of the state of New York and from the sale of products shall be reported and forwarded monthly to the state treasurer, as required by the state finance law, and may be appropriated toward the maintenance of such college of forestry.

*§ 2. The sum of forty thousand dollars ($40,000), or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury, not otherwise appropriated, for the purpose of acquiring necessary lands for the New York State College of Forestry at Syracuse University, and the further sum of fifteen thousand dollars ($15,000), or so much thereof as may be necessary, is hereby appropriated for the purchasing of necessary supplies, the payment of the salaries of teachers, experts and other assistants, and the other necessary expenses of such college. The moneys hereby appropriated shall be payable by the treasurer on the warrant of the comptroller on the order of the board of trustees of such college.

§ 7. Time of taking effect. This act shall take effect immediately.

ARTICLE 43-A

Retirement Fund for Teachers in State

Institutions

[Article inserted by L. 1910, ch. 441, in effect June 8, 1910.] Section 1095. Retirement of certain teachers in state institutions. 1096. Certificate of retirement upon application.

1097. Retirement upon recommendation of governing
body of institution where teacher is employed.

1098. Amount to be paid to such retired teachers.
1099. Time and manner of payments.

So in original.

§ 1095. Retirement of certain teachers in state institutions. Every person who, for a period of ten years immediately preceding, has been employed by the state as a teacher in any college, school or institution maintained and supported by the state and who shall have been engaged in teaching in some college, university, school, academy or institution or in the public schools of this state or elsewhere during a period aggregating thirty years and has reached the age of seventy years must, at his request, or may on the order of the commissioner of education, be retired from such employment.

§ 1096. Certificate of retirement upon application. Every such person desiring to be retired under the provisions of section ten hundred and ninety-five of this chapter shall present to and file with the commissioner of education an affidavit signed by himself, or, in case he is mentally or physically incapable of making such affidavit, the affidavit of some person or persons acquainted with the facts, setting forth the number of years of such employment, the place or places where employed, the salary received by the applicant at the last place of employment, and upon the filing of such affidavits, the commissioner of education, if he shall be satisfied of the truth of the affidavit, shall issue to such applicant a certificate that such applicant has been retired from active service as a teacher.

§ 1097. Retirement upon recommendation of governing body of institution where teacher is employed. Upon the recommendation of a majority of the members of the board or governing body having in charge any such college, school or institution, that a member of the teaching force be retired on account of mental or physical incapacity for the performance of duty, the commissioner of education may retire such person and issue to such person the certificate set forth in section ten hundred and ninety-six of this chapter, provided such person has been employed by the state for ten years immediately preceding as a teacher in any college, school or institution maintained and supported by the state and has been engaged in teaching in some college, university, school, academy or institution or in the public schools of this state or elsewhere during a period aggregating thirty years, or, having reached the age of sixty-five years, during a period aggregating twenty years.

§ 1098. Amount to be paid to such retired teacher. Every person who shall be retired under the provisions of this article shall be entitled to receive from the state one-half the

salary which such person was receiving at the date of such retirement, not to exceed, however, in the case of a supervising official, or principal, one thousand dollars, and in the case of a teacher, seven hundred and fifty dollars. In no case shall the payment to any person retired hereunder be less than the sum of three hundred dollars. The pay

§ 1099. Time and manner of payments. ment of the amounts provided in this article to be paid shall be made by the state treasurer on the warrant of the comptroller on the audit of the commissioner of education. Payments shall be made quarterly commencing with the first quarter after the date of issue of the certificate of such retirement. The commissioner of education shall make and enforce such rules and regulations, not inconsistent with the provisions of this article, as he shall deem necessary for properly safeguarding all payments thereunder, including vouchers to be signed by the person to whom such payment is made.

ARTICLE 43-B

[Article inserted by L. 1911, ch. 449, in effect August 1, 1911.] State Teachers' Retirement Fund for Public School

Section 1100. Definitions.

Teachers.

1101. Establishment of state teachers' retirement fund. 1102. State teachers' retirement fund board.

1103. Vacancies; resignations; removal from office. 1104. Officers of board; salaries and expenses; meet

ings.

1105. State treasurer ex-officio treasurer of fund; investments.

1106. Powers of board.

1107. Rules of board.

1108. Contributions by teachers; deductions from sal

aries.

1108-a. Method of payment into state treasury.

1109. Retirement of teachers.

1109-a. *Application of article to certain counties, cities and districts; voluntary contributions.

1109-b. Application of article to certain counties, cities and districts; voluntary contributions.

§ 1100. Definitions. The word "teacher" as used in this article includes teachers and principals employed in public schools

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of the cities and school districts of the state and shall also include superintendents employed as provided by law in cities and union free school districts having a population of five thousand or more. The words "retirement fund" as used in this article shall mean the New York state teachers' retirement fund for public school teachers as established by this article.

§ 1101. Establishment of state teachers' retirement fund. There is hereby established the New York state teachers' retirement fund for public school teachers which shall consist of:

1. All contributions made by teachers as hereinafter provided. 2. The income or interest derived from the investment of the moneys contained in such fund.

3. All donations, legacies, gifts and bequests which shall be made to such fund, and all moneys which shall be obtained from other sources for the increase of such fund.

4. Appropriations made by the state legislature from time to time to carry into effect the purposes of such fund, and which appropriations when made shall be paid into such fund and may be expended in the same manner as other moneys belonging thereto.

§ 1102. State teachers' retirement fund board. The state teachers' retirement fund board shall consist of five members to be appointed by the commissioner of education as hereinafter provided. One of such members shall be, at the time of his appointment, a superintendent of schools in a city or district; one shall be at the time of his appointment an academic principal, and one shall be at the time of his appointment a teacher engaged in teaching in an elementary school. At least one of such members shall be a woman teacher in the public schools. Such appointments shall be made within ten days after this act takes effect. The members of such board first appointed shall hold office for terms of one, two, three, four and five years from January first, nineteen hundred and twelve, to be designated by the commissioner of education when he appoints such members. Their successors shall be appointed for terms of five years. A vacancy occurring in the office of any member shall be filled for the unexpired term.

§ 1103. Vacancies; resignations; removal from office. A vacancy in the office of a member of the board shall be created by death, resignation, refusal to serve, removal from office, or absence from the state for a period of one year. A member of such board may resign by written resignation submitted to the com

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