school districts and cities in which such teachers are employed, as shown by the certificate of the Commissioner of Education filed with the Comptroller as required by subdivision 6 of this section. 9 The county treasurer of each county when paying to the supervisors of the towns of such county and to the chamberlain or treasurer of a city in such county the first half of the money apportioned annually for the support of common schools shall deduct from the amount apportioned to each town and city an amount equal to the amount to be deducted from the salaries of the teachers in such town or city, and the amount to be contributed by the school districts or city, as shown by the certificate of the district and city superintendents filed with such treasurer as directed by subdivision 3 of this section. 10 The supervisor of each town shall pay to the collector or treasurer of each school district in such town or to the teachers employed in such districts toward their salaries on the order of the trustees of such districts the amount apportioned to such districts respectively less the amount required to be deducted from the salaries of the teachers in such districts, and the amount to be contributed by the school districts in such towns, as shown by the certificate of the district superintendent filed with such supervisors as directed by subdivision 4 of this section. [Added by L. 1911, ch. 449, and amended by L. 1914, ch. 44.] § 1109 Retirement of teachers. 1 A teacher who is employed in the public schools of the state and who has taught in such public schools for a period of thirty-five years, or a teacher who has taught in public schools for a period of twenty-five years, at least the last fifteen years of which period shall have been taught in the public schools in this state and who has had five consecutive years of public school service immediately preceding retirement shall, upon his retirement from actual service as such teacher, as hereinafter provided, be entitled to an annuity of a sum equal to one-half of the average annual salary of such teacher for a period of five years prior to the time of such retirement, provided that no annuity shall exceed the sum of eight hundred dollars nor be less than four hundred dollars. [Subdivision 1 amended by L. 1920, ch. 752, in effect August 1, 1920.] 2 A teacher who has taught in public schools for a period of fifteen years, at least the last nine of which were taught in the public schools in this state, who has had five consecutive years of public school service immediately preceding retirement and who is either physically or mentally incapable of teaching, may be retired, and shall, upon his retirement, be entitled to an annuity of as many twenty-fifths of the full annuity for twenty-five years as said teacher has taught years. Such teacher receiving an allowance under this subdivision may, upon order of the state teachers' retirement fund board, at any time within two years after date of retirement, be subjected to an examination by a legally qualified physician appointed by said retirement board, and if, upon such examination, it is certified to the board that such teacher is no longer incapable of employment as a teacher, the board may make an order that no further payments of annuities shall be made until such teacher is subsequently retired by the board, but in no case shall be amount of annuity at the subsequent retirement be less than that granted upon the former retirement. [Subdivision 2 amended by L. 1918, ch. 256 and L. 1920, ch. 752, in effect August 1, 1920.] 3 Such retirement may be had on the request of the teacher, or upon the request of a board of education in a city or union free school district. A request for retirement shall be made in writing addressed to state teachers retirement fund board, accompanied by evidence showing that the teacher named therein is entitled to retirement, and that he has complied with the provisions of this article and the rules of the board relating to the payment of annuities. The board shall pass upon all requests for retirement, and shall determine whether such requests shall be granted. In determining the number of years required to be taught by a teacher to entitle her to an annuity upon retirement as provided in this section, the board may give to the teacher requesting retirement credit for the period taught in an academy in a union free school district which subsequent to such period was adopted as the academic department of such district or with which a contract was made by the board of education of such district for the instruction of the pupils of such district, as provided by sections 318 and 319 of the Education Law. 4 All determinations of the board relative to such requests and the payment of annuities to teachers shall be subject to appeal to the Commissioner of Education. The provisions of article 34 of the Education Law, relative to appeals, shall apply to appeals from such determination. [Added by L. 1911, ch. 449, and amended by L. 1914, ch. 44, and by L. 1919, ch. 103, in effect March 27, 1919.] 5. All annuities existing at the time this act takes effect shall be increased by thirty-three and one-third per centum. [Subdivision 5 added by L. 1920, ch. 752, in effect August 1, 1920.] § 1109-a Payment of annuities. 1 A teacher shall not be entitled to an annuity who has not contributed to the retirement fund an amount equal to at least fifty per centum of his annuity. But a teacher who is otherwise entitled to retirement and an annuity under this article, may become an annuitant and entitled to an annuity by making a cash payment to the retirement fund of an amount which when added to his previous contributions to such fund, will equal fifty per centum of his annuity. 2 In case a teacher who shall retire or be retired, is unable to pay in advance the sum required to make up the said fifty per centum of the annuity, the payment of such annuity may be withheld until the portion of the annuity withheld shall equal the sum required to make up said fifty per centum of the annuity. 3 Annuities shall be paid quarterly to the teachers entitled thereto, upon the warrants or orders signed by the president and secretary of the state teachers retirement fund board. Vouchers or receipts shall be signed in duplicate by annuitants upon receiving the money paid to them. Such duplicate receipts shall be returned to the secretary of the board, and one of them shall be retained in his office and the other shall be filed in the office of the State Treasurer. 4. Each annuity shall date from the time when the state teachers retirement board shall take action upon the request made as herein provided for the retirement of the annuitant. 5 In case an annuity shall be paid hereunder to a teacher who has contributed to a teachers retirement or pension fund in a city, county or district in accordance with a special or local act applicable thereto, the amount so contributed shall be paid on the order of the state teachers retirement fund board by the custodian of such local retirement or pension fund into the state retirement fund, and the amount so paid shall be credited to such teacher as a contribution to the state fund. In case an annuity is paid to a teacher who has contributed to the state retirement fund as provided in this article, under a special or local act, applicable to the retirement of teachers in a city, county or district, the amount of such contributions shall be paid by the treasurer of the state teachers retirement fund into the teachers retirement or pension fund of such city, county or district, and such amount shall be eredited to such teacher as a contribution to such fund. [Added by L. 1911, ch. 449, and amended by L. 1914, ch. 44.] § 1109-b Application of article to certain counties, cities and districts; voluntary contributions. This article shall not apply to any county, city or district in which the teachers in the public schools thereof are required or authorized to contribute to a teachers retirement fund, or in which such teachers are entitled to annuities or pensions, in accordance with any special or local act applicable to such county, city or district. Provided, that whenever the state teachers retirement fund board is satisfied that more than two-thirds of all the teachers employed in the public schools of any such county, city or district are willing to become subject to this article, as shown by a petition duly signed and verified by such teachers, such board shall issue its order directing that on and after the date thereof this article shall apply to such county, city or district. A copy of such order shall be mailed to the several teachers employed in the county, city or district to which such order relates and to the boards of education, trustees or other school authorities therein, and thereupon the provisions of this article shall apply to such county, city or district to the same extent and for the same purposes as to the other. counties, cities and districts of the State. Thereupon the organization or society created under the said local or special act applicable to a county, city or district shall be dissolved and discontinued and the treasurer or other custodian of the funds of such organization or society shall pay into the state treasury any funds in his possession belonging to the said organization or society, after paying any outstanding obligations other than annuities. Such funds shall be credited to the retirement fund provided for herein. All persons who had been placed upon the retired list pursuant to the provisions of such local or special act, previous to the date when such local organization or society determined to come under the provisions of this act, shall become annuitants under this act and shall be entitled to receive the same amount which they would have been entitled to receive under the provisions of their retirement under said local or special act had such organization or society created thereunder not been dissolved and discontinued. Upon the execution and service of such order the teachers employed in the county, city or district to which such order relates, shall contribute one per centum of their salaries to the retirement fund and they shall be entitled to all the privileges thereof, under the conditions and restrictions imposed by this article and the rules of the board. [Added by L. 1911, ch. 449.] § 1109-c Service as school commissioner to be counted. In computing the term of service of a teacher for the purpose of granting an annuity to such teacher under the provisions of this article, the time during which any such teacher shall have filled the office of school commissioner as defined in section 300 of the Education Law, being chapter 21 of the Laws of 1909, and which office was abolished by chapter 607 of the Laws of 1910, prior to the time this amendment takes effect, shall be included. [Added by L. 1913, ch. 509.] Under the provisions of Laws of 1920, ch. 503, the foregoing Teachers' Retirement Law is repealed on and after August 1, 1921, and in its place is inserted the following: 1103 Retirement board; members; terms of office 1104 Election of elected members of board 1105 Vacancies in board; meetings; oaths of office; quorum; expenses Investment of funds; interest; accounts; reports 1106 Officers of board; custody of funds 1107 1108 1109 Statements of teachers' service; determination of service creditable; service certificates Superannuation retirement 1109-a Disability retirement 1109-b Withdrawal and death benefits 1109-c Optional allowances 1109-d Benefits to participants in old retirement fund 1109-f Annuity savings fund; contributions and payments 1109-g Annuity reserve fund; pension accumulation fund 1109-h Pension reserve fund 1109-i Expense fund 1109-j Duties of employer 1109-k Collection of contributions |