establishment of city, town, village, parish or township libraries, in school municipalities in which suitable contributions have been made by such school corporation for that purpose. 2. Such assistance shall be given in money or in books, upon How grant is the conditions deemed requisite by the Lieutenant-Governor to be made. in Council. 40 V., c. 22, s. 5. purpose. 2237. Municipalities and school corporations may appro- Fund for the priate such portion of their revenues or such sum of money as they may deem expedient for that purpose, and, with the authority of the superintendent, issue such amount of debentures or bonds with the view of creating a fund for that pur pose. 3. Such libraries shall be under the management, inspection Management and regulations which the Roman Catholic or Protestant Com- of libraries. mittee, as the case may be, of the Council of Public Instruction shall from time to time prescribe. 4. Such regulations shall be published by the superintend- Publication ent in the Quebec Official Gazette. 40 V., c. 22, s. 5; 50 V., c. 5, s. 3. of regulations. CHAPTER ELEVENTH. PENSION FUND OF OFFICERS OF PRIMARY INSTRUCTION. SECTION I. INTERPRETATIVE. struction." 2238. Under the term "officers of primary instruction," "Officers of the present chapter includes school inspectors, professors and primary inteachers of normal schools, male and female certificated teachers teaching in an institution under the control of school commissioners or trustees, or subsidized by them or by the Government, out of the funds voted for education, but does not include members of the clergy or religious communities or professors in colleges or universities. 49-50 V., c. 27, s. 1. "model 2239. The terms "elementary school," "model school" and "Elementary "academy," employed in this chapter, mean schools in which school," are taught the subjects of the curriculum adopted by either of school," the Committees of the Council of Public Instruction for the "academy." schools of these various grades. By "school under control" is meant any school in which the "School teachers are engaged and paid by the school commissioners or under con trustees. trol." By "subsidized school" is meant any school not under con- "Subsidized trol which receives a grant from the Government out of the school." funds voted for education or from school commissioners or trustees. 49-50 V., c. 27, s. 2. SECTION II. Annual pension of rei red officers. Pension, how calculated. Salary for pension. Officers may receive pen years' ser PENSIONS OF OFFICERS. 2240. There shall be allowed to every person, who has reached the age of fifty-six years, and who has been employed as an officer of primary instruction, during a term of ten years or upwards, an annual pension, based upon the average salary received by him during the years he has been engaged in teaching and for which he has paid the stoppages. 49-50 V., c. 27, s. 3. 2241. Such pension shall not exceed, in any case, the following rates: If the officer has served during ten years and less than eleven years, ten-fiftieths of such average salary; If he has served during eleven and less than twelve years, eleven-fiftieths of such average salary; And so on, adding one-fiftieth of such average salary, for every additional year of service, for which he has paid the stoppages; but no grant shall be allowed for any service over thirty-five years. 49-50 V., c. 27, s. 4. 2242. The average salary of officers of primary instruction shall not, for the purposes of this chapter, exceed the sum of fifteen hundred dollars. 49-50 V., c. 27, s 5. 2243. After ten years' service, every officer, whatever be his age, may receive a pension when a serious injury, or ension after ten feebled health, renders it impossible for him to continue such service, provided such accident or ill-health has not arisen through any conduct forbidden by law or against good morals. 49-50 V., c. 27, s. 6 § 1. vice, in certain cases. Certificates required in such cases. How to be attested. Stopping of pensions. 2244. In the event of an officer retiring owing to enfeebled health or serious illness, such infirmities and the cause thereof shall be established by means of certificates from the physician who has attended such officer, and by one of the two physicians indicated by the superintendent of public instruction. V., c. 27, s. 6 § 2. 49-50 2245. The physicians' certificates, prescribed by this chapter, shall be attested in accordance with the provisions of chapter 141 of the Revised Statutes of Canada respecting extra-judicial oaths. 49-50 V., c. 27, s. 6 § 3. 2246. Such pension is stopped from the which gave rise to it, has ceased to exist. moment the cause, 49-50 V., c. 27, s. 2247. From the age of eighteen, the years that have been Years to be passed either in teaching, or as a normal school pupil, shall be counted in included in the years of service, at the time of establishing years for penthe amount of pension. 49-50 V., c. 27, s. 7. computing sion. be counted. 2248. The years, during which the officers of primary in- Years not to struction have taught outside of the Province, shall not be counted in the number of those which entitle them to a pension. 49-50 V., c. 27, s. 7. payments to 2249. Any teacher, actually engaged in teaching, who has Application paid contributions to the pension fund, established under the of certain act passed on the 22nd December, 1856, (19-20 Victoria, payment of chapter 14, section 7) may apply such contributions to the certain stoppayment of the stoppages required for the years of service pages. prior to the 24th July, 1880. 49-50 V., c. 27, s. 8. See article 2185. 2250. Every officer of primary instruction who wishes to Proof reclaim his right to a pension shall establish, to the satisfaction quired on application for of the administrative commission, constituted by this chapter, a pension. that he has served as such during the five last years preceding his application, and that he has complied with the other provisions of the present chapter. 49-50 V., c. 27, s. 9. 2251. An officer of primary instruction, in order to be pen- Docusioned, must produce in addition to his certificate of birth and mentary a declaration of his domicile, a certificate according to form to quired for number 16 of this title, stating his name, surname and quality, same. the date when he first acted as such officer, his services and the date and the reason of his ceasing to perform the same. 49-50 V., c. 27, s. 10. SECTION III. PENSIONS OF WIDOWS. right to a half pension on certain conditions. 2252. The widow of an officer, who died between the 24th Widows have of July, 1880, and the 1st July, 1886, after having paid his stoppages under the act 43-44 Victoria, chapter 22, shall, so long as she remains a widow, have a right to a half-pension. Such half-pension is only allowed to the widow of an officer Pension to who died after the 1st July, 1886, when the latter has paid widows of officers dying into the pension fund, in addition to the stoppages payable by after 1st July. him, and at the same time, a sum equal to one-half of such 1886. stoppages; nevertheless this latter stoppage is only exacted for the years during which the officer was married. 49-50 V., c. 27, s. 11. Certain stop 2253. For the years previous to the 24th of July, 1880, the pages, how to stoppages in question are paid as follows: be paid. To form part of capital fund. Marriage to have been contracted for certain time. Certain stop Two-fifths should have been paid before the first of January, 1887, and One-fifth of the total amount shall be deducted from the annual pension of the officer himself, or,—if he died without having obtained a pension,-from his widow's pension during each of the first three years. These sums also form part of the capital. 49-50 V., c. 27, s. 11. 2254. In order that a widow may be eligible for a pension, the marriage must have been contracted six years before the husband had ceased to act as an officer of primary instruction. 49-50 V., c. 27, s. 11. 2255. The widow is not allowed to pay the stoppages pages cannot which her husband neglected to pay for the years of service previous to the 24th July, 1880. 49-50 V., c. 27, s. 12. be paid by widows. Documentary proof re quired. 2256. The widow claiming a pension is bound to furnish, in addition to the vouchers which her husband should have produced: 1. Her certificate of birth: 2. The burial certificate of the officer or pensioner; SECTION IV. Certain payments if made to entitle officers to count certain years. Rate of stoppages for years pre CONTRIBUTIONS AND STOPPAGES. 2257. Any officer of primary instruction who has paid into the pension fund the stoppages required by this chapter, for the years of service immediately preceding the 24th of July, 1880, if such payments have been made before the first of January, 1887, shall be entitled to count such years of service to establish his right to a pension. 49-50 V., c. 27, s. 14. 2258. The stoppages upon the salaries of officers of primary instruction for the years previous to the 24th July, 1880, vious to 24th shall be five per cent. per annum without interest. July, 1880. Application of such sum to capital fund. Interest to be Two-fifths of the total amount of the stoppages for the years previous to the 24th July, 1880, should have been paid before the first of January, 1887; and One-fifth of the total amount of the said stoppages is deducted from the annual pension of the officer for each of the first three years. The sums so stopped shall not form part of the yearly revenue of the pension fund, but shall be placed in the capital fund. 49-50 V., c. 27, s. 15. 2259. The officers, who, between the 24th of July, 1880, and allowed upon the 1st July, 1886, paid the stoppages required by the act 43-44 Victoria, chapter 22, for their years of service previous to certain paythe 24th July, 1880, have a right to interest, at the rate of ments. five per cent. upon the sums so paid, up to the first of July, 1886 such interest to be deducted from the stoppages to be hereafter paid by them out of their salary or pension, as the case may be. 49-50 V., c. 27, s. 16. 2260. In order to provide for the above-mentioned To provide pensions : for pensions. 1. A reduction or stoppage shall be made from the salary of Stoppages each officer at the rate of two per cent. per annum; from salaries. 2. A stoppage of two per cent. shall be made yearly on the From penamount of the pension paid to each officer; sions. 3. A stoppage of two per cent. shall be made annually out From school of the common school fund, as well as out of that portion of funds. the superior education fund, appropriated to the support of institutions managed or directed by officers of primary in struction: 4. An annual grant of one thousand dollars shall be allowed Government by the Government of the Province. 49-50 V., c. 27, s. 17. grant. stoppages 2261. The total amount of these various stoppages and Deposit of grants made from the 24th July, 1880, to the 1st July, 1886, and grant shall be deposited with the Provincial Treasurer, and be by him made beconverted into Provincial or Dominion bonds, at the current tween certain price of such bonds, and capitalized for the benefit of the Provincial pension fund for officers of primary instruction. 49-50 V., Treasurer. c. 27, s. 18. dates, with dated re 2262. The said fund shall not form part every year of the Not to fall consolidated revenue fund of the Province, notwithstanding into consoliany provision to the contrary in the law respecting the Treas- venue fund. ury Department; but it shall be held in trust by the Provincial Treasurer for the purposes of this chapter. 49-50 V., c. 27, s. 18. 2263. If the interest on the said capitalized fund and the If amount in total of the different stoppages and grant does not suffice to sufficient to pay pensions, pay the pensions applied for, the stoppages from the salaries stoppages and pensions of the officers of primary instruction out of the may be incommon school fund and out of the superior education fund certain permay be increased to the amount of four per cent., which shall centage. be the maximum rate of the stoppages. 49-50 V., c. 27, s. 19. creased to Provincial 2264. Every excess of receipts over expenditure in the Deposit of pension fund shall be first employed in paying the deficits of excess with previous years, if necessary, and the remainder shall be placed Treasurer. with the Provincial Treasurer in trust for the purposes of this chapter. 49-50 V., c. 27, s. 20. 2265. If the stoppages and grants be not sufficient to pay If amount the pensions as above established, the administrative commis- insufficient, sion shall reduce the pensions and proportion them to the be reduced. pensions to amount at its disposal. 49-50 V., c. 27, s. 21. |