CHAP. 209 continued so long, and in such amount, as the retirement board may determine; provided, however, that in no event shall the total sum received annually by such member, under this section, including his annuity and the additional allowance above provided for, exceed half of his average annual salary throughout his entire period of service as determined by the retirement board. In the case of persons who receive assistance under this section annual re-examination and reports by physicians in receipt of disability shall be required and the allowance discontinued if the report shows ability to return to teaching. If such retiring member should die before receiving in the form of an annuity all of the accumulations up to the time of his disability from his own and the state's annual contributions on his account, the balance shall be paid to his or her legal representatives, as he or she may elect, subject to such rules and regulations as may be prescribed by the retirement board. Sec. 14. Members withdrawing entitled amounts contributed, with interest; in case of death, amount payable to heirs; in case of death or withdrawal prior to six years' service, payments of member to be placed in general reserve fund. (1) Any member of the retirement association withdrawing from service in the public schools of the state, by resignation or dismissal, before becoming eligible to retirement under the provisions of this act, shall be entitled to receive from the annuity fund all amounts contributed thereto as assessments together with such interest as has accrued thereon. (2) In case of the death of such member under the circumstances above set forth, the several amounts to which he would be entitled, if living, shall be paid to a surviving husband or wife, or to the legal representatives of such deceased member, as may be elected, subject to the rules and regulations of the retirement board. (3) In the case of the death or withdrawal from service of such member before the completion of six years of service in the public schools of the state the contributions made by the state on his account, as hereinbefore provided, shall be placed in the reserve fund hereinafter established for the general purposes of the retirement system. (4) Contributions returned as above provided shall be paid in lump sums or in installments as the member may elect, subject, however, to such reasonable rules and regulations as may be prescribed by the retirement board. Sec. 15. Annuity and rights therein exempt from taxation, bankruptcy CHAP. 209 and insolvency laws, and attachment; annuity fund not assignable. That portion of the salary or wages of a member deducted or to be deducted under this act, the right of a member to an annuity or allowance hereunder, and all his rights in the funds of the retirement system, shall be exempt from taxation, and from the operation of any laws relating to bankruptcy or insolvency, shall not be attached or taken upon execution or other process of any court. No assignment by a member of any part of such funds to which he is or may be entitled, or of any right to or interest in such funds, shall be valid. Sec. 16. Funds to be in custody of state treasurer; how invested; duties of state treasurer; report. (1) All funds of the retirement system shall be in the custody and charge of the state treasurer, who shall invest and reinvest such funds as are not required for current disbursements in accordance with the laws of the state governing the investment of the assets of savings institutions. (2) The state treasurer shall make such payments to the members of the retirement association from the annuity fund as the retirement board shall order to be paid in accordance with the provisions hereof. (3) On or before the first day of August in each year, the state treasurer shall file with the insurance commissioner and with the secretary of the retirement board a sworn statement exhibiting the financial condition of the retirement system on the thirtieth day of June in each year, and its financial transactions for the year ending on such date. Such statements shall be in the form prescribed by the retirement board, and shall be published with the report of the state treasurer. Sec. 17. Special reserve fund created; how expended. A reserve fund is hereby created, to consist of gifts and receipts from sources other than those herein specified, returns to the state of its contributions to the annuity funds as hereinbefore provided, and balances that may accrue on account of interest, savings or otherwise, which fund shall be maintained and used, in the discretion of the retirement board, for unforeseen contingencies, expenses of administration, or any other purpose within the scope of the retirement system. Sec. 18. General reserve fund; how administered. All moneys paid into the retirement board under paragraph one of section eight hereof and all sums deducted from the state school fund under the provisions of paragraph three of section eight hereof not otherwise expended shall be set aside and administered as a reserve fund wherewith to meet accrued liabilities for retiring and disability allowances as hereinbefore provided. Said fund shall be in all respects subject to the provisions of this act and to the CHAP. 209 rules and regulations of the retirement board hereby authorized in respect to custody, investment, audit and disbursement. Sec. 19. Retirement board to cause system to be examined annually by state auditor, and triennially by competent actuary; board may change scale of rates. The retirement board shall cause the system hereby established to be thoroughly examined annually by the state auditor and once in every three years, and oftener if deemed necessary, by a competent actuary or actuaries, and may call in actuary in consultation at any time; and such board is hereby empowered to change the scale of contributions required of teachers, if deemed advisable as the result of actuarial experience hereunder; but such changes shall not be effective as to teachers becoming members of the retirement association before the same shall have been made, unless assented to by such members. Sec. 20. Books and accounts to be examined and audited annually. The accounts of the retirement board and the books and accounts of the state treasurer as custodian of the funds of the retirement system, and the cash and securities in his hands representing such funds, shall be examined and audited annually at the time and in the manner prescribed for the annual audit of the accounts of the trustees of the permanent school fund and the accounts of the state treasurer in connection therewith. Sec. 21. Rules and regulations subject to change; benefits by members to be enjoyed so long as he meets requirements of act and complies with rules. The rules and regulations hereby prescribed for the administration of the retirement system hereby created, shall be subject to change by the retirement board whenever deemed to be for the best interests of the entire body of teachers in the service of the state. But no changes affecting existing members of the association shall be made without their approval. The benefits of the retirement system shall be enjoyed by each member of the retirement association so long as he meets all the requirements of this act and complies with all the rules and regulations of the retirement board. Sec. 22. Teachers may elect between this act and the provisions to teachers' pensions; not eligible to both; teachers entering service after July 1, 1924, eligible to this act only. Any teacher now in service may elect between the provisions of this act and the provisions of sections one hundred and sixty-nine to one hundred and seventy-seven inclusive of chapter sixteen of the revised statutes, but shall not in any case be eligible to benefits under both such acts. No teacher entering into service after July first, nineteen hundred and twenty-four, shall be eligible to any benefits. under said sections one hundred and sixty-nine to one hundred and seventyseven but shall be eligible to the benefits of this act only. Approved April 5, 1923. CHAP. 210 Chapter 210. An Act Relating to the Assessment of the County Taxes in the Several Counties for the Year Nineteen Hundred and Twenty-three. Emergency preamble. Whereas, the assessment of the county taxes for defraying the expenses of government of the several counties is immediately necessary for the preservation of the public peace, health and safety, and Whereas, by revised statutes, chapter ten, section seventy-two, said county taxes are required to be apportioned by the county commissioners in March, and Whereas, the resolve granting the county taxes was not passed in season to leave sufficient time in the month of March for making the apportionment by the county commissioners as provided by law; in the opinion of this legislature the facts above recited constitute an emergency rendering it immediately necessary for the preservation of the public peace, health and safety that an act should be passed extending the time for such apportionment, therefore Be it enacted by the People of the State of Maine, as follows: Sec. 1. County taxes for 1923 may be apportioned in March or April. County taxes of the several counties for the year nineteen hundred twentythree may be apportioned either during the months of March or April of said year upon the last state valuation. Sec. 2. Emergency clause. In view of the emergency expressed in the preamble, this act shall take effect when approved. Approved April 5, 1923. Chapter 211. An Act to Provide for the Supervision, Regulation and Conduct of the Transportation of Persons Over the Public Highways of the State of Maine by Automobiles, Jitney Busses and Auto Stages by the Public Utilities Commission. Be it enacted by the People of the State of Maine, as follows: Sec. 1. P. L., 1921, c. 184, sec. 1; relating to jurisdiction of public utilities commission over jitney busses, amended. Chapter one hundred and eighty-four of the public laws of nineteen hundred and twenty-one is hereby amended by striking out section one in said chapter and inserting in place thereof the following: 'Sec. I. Motor vehicles carrying passengers for hire over regular routes under jurisdiction of public utilities commission; term "regular routes" defined; how question is determined. The public utilities commission shall CHAP. 211 have jurisdiction over every person, firm or corporation operating any motor vehicle upon any public street or highway for the carrying of passengers for hire, provided the same are operated over regular routes between points in this state. The words "regular routes" as used in this act mean those routes over which any person, firm or corporation is usually or ordinarily operating any motor vehicle, even though there may be departures from said routes, whether such departure be periodic or irregular. Whether or not any motor vehicle is being operated over regular routes within the meaning of this act shall be a question of fact, and the finding of the public utilities commission thereon shall be final and shall not be subject to review, except that questions of law may be raised in the manner provided in sections fifty-five and fifty-six of chapter fiftyfive of the revised statutes.' Sec. 2. P. L., 1921, c. 184, sec. 4; relating to issuing certificates for operation, amended. Chapter one hundred and eighty-four of the public laws of nineteen hundred and twenty-one is hereby amended by striking out all of the words in section four after the word "operation" in the fifth line thereof, so that said section, as amended, shall read as follows: 'Sec. 4. Motor vehicles not to be operated without a certificate from commission. No person, firm or corporation shall operate such motor vehicle or vehicles on any street or highway in any city or town of this state, without obtaining from the public utilities commission, a certificate permitting such operation.' Sec. 3. P. L., c. 184, sec. 5; stricken out and new sections added. Chapter one hundred and eighty-four of the public laws of nineteen hundred and twenty-one is hereby amended by striking out all of section five and inserting in place thereof the two following sections: 'Sec. 5. Commission has right to revoke certificates. The public utilities commission shall have the right to revoke a certificate of any person, firm or corporation who shall fail to comply with the rules and regulations as provided in section two of said chapter one hundred and eighty-four. 'Sec. 6. Penalties for operating without certificate or after certificate has been revoked. Any person, firm or corporation who operates an automobile for the purposes as set forth in section one of this act, without first obtaining a certificate from the public utilities commission or after said certificate has been revoked by the public utilities commission, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment for not less than thirty days nor more than ninety days, or by both fine and imprisonment,' so that said chapter, as amended, shall read as follows: |