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Unlawful to organize, etc.
Teacher, duty of.
An Act to abolish fraternities, sororities and all other secret societies among the pupils of the public schools of the state of Michigan.
[Act 271, P. A. 1911.) The People of the State of Michigan enact: (112) $ 5827. SECTION 1. It shall be unlawful for any pupil of the public schools of the state of Michigan in any manner to organize, join or belong to any fraternity, sorority or any other secret society composed or made up of pupils of the public schools.
(443) $ 5828. SEC. 2. It shall be the duty of every teacher, principal, or superintendent, having knowledge or reason to believe that such fraternity, sorority, or any other secret society is being organized or maintained in any of the schools of the state, or that any of the pupils attending said schools are organizing or belonging to such fraternity, sorority or any other secret society, to advise immediately the president or secretary of the board of education in charge of such schools, of such facts. Upon receipt of such notice, or of any other information that this act is being violated, the board of education shall proceed to investigate the facts concerning the same, and if after giving all pupils suspected of such violation a reasonable opportunity for a hearing, it shall satisfactorily appear to the board of education that any pupil has become connected with such an organization, or has promised to join such organization, the board shall take such steps as it shall deem necessary to abolish such organization, and it may inflict such punishment on the pupils so connected therewith as the board shall deem expedient.
(444) S 5829. SEC, 3. Any officer, teacher, principal, superintendent or other person mentioned in this act neglecting to perform any duty imposed upon him by this act, upon conviction thereof shall be fined not less than ten dollars nor more than twenty-five dollars for each offense.
Board of education, investigation.
Penalty for neglect.
An Act to provide for a retirement fund for teachers in certain cases.
[Act 174, P. A. 1915.]
Retirement fund board.
The People of the State of Michigan enact: (415) $ 5767. SECTION 1. There shall be a teachers' retirement fund board, hereinafter called the retirement fund board, consisting of the superintendent of public instruction and five other members appointed by the governor. At least one of such members shall be a woman teacher in the public schools. The first appointments shall be made within ten days after this act takes effect. The members of such board first appointed shall hold office respectively for terms of one, two, three, four and five years from August one, nineteen
Terms of office.
hundred fifteen, to be designated in the appointments. Their successors shall be appointed for terms of five years. A Vacancies. vacancy in the office of any member shall be filled for the unexpired term by the governor. (446) $ 5768. SEC. 2. There shall be a president, a Officers of
board. vice-president and a secretary of said board to be elected by a majority vote of the members of the board. The president Terms. and vice-president shall be elected for terms of one year. The term of office of the secretary shall be fixed by the board, but shall not exceed three years. The secretary shall not be a Secretary,
compensation. member of the board. His salary or compensation shall be fixed by the board, but shall not exceed eighteen hundred dollars a year. The members of the board shall serve without Expenses. compensation, but they shall be entitled to their expenses actually incurred in attending the meetings of the board and in performing services as members thereof. The board shall Annual
meeting. meet annually at Lansing, on the first Friday in October, and shall hold such other meetings as they deem necessary. If a member of the board be absent from two consecutive Absence from
meetings. meetings without reasonable excuse for such absence, accepted by the board, his office shall be declared vacant by the board, and such vacancy filled as hereinbefore provided.
(447) $ 5769. Sec. 3. The state treasurer shall be ex- Treasurer of officio treasurer of the retirement fund and shall be the custodian thereof. The moneys belonging thereto shall be de- Care of posited by him in banks or trust companies, subject to the same provisions of law as regulate the deposit of state funds. The retirement fund board shall determine from time to time Investment. the investment of the permanent retirement fund, but each investment shall be subject to the approval of the state treasurer and such fund shall only be invested in those securities in which savings bank deposits may be lawfully invested.
(448) § 5770. Sec. 4. The retirement fund board, sub- Powers of ject to the provisions of this act, shall have power:
(1) To select such employes as may be necessary to carry into effect the provisions of this act, and fix their compensation and prescribe their duties;
(2) To investigate all matters relating to the operation of this act, and for that purpose to subpoena witnesses and compel their attendance to testify before it. Any member of the board may administer oaths or affirmations to such witnesses;
(3) To require all boards, officers and persons having duties to perform hereunder in respect to contributions by teachers to the retirement fund, to report from time to time on such matters relating to such contribution as it shall deem advisable, and to prescribe the form of such reports;
(4) To draw its warrants upon the state treasurer for the payment of annuities to teachers who have been retired as provided in this act, and for the purchase of such securities as the board shall have decided to purchase as herein provided. No payment shall be made from the teachers' retire
ment fund, except upon warrant drawn pursuant to resolution duly adopted by the board and signed and attested as the board may prescribe;
(5) To increase the contributions from the teachers ac
cording to the provision made in section six of this act: Proviso, Provided, That such increase shall not be made until the contributions. contributions from all sources, not including the principal
of the permanent fund, are insufficient to carry out the proProviso, provisions of this act: Provided, That after collecting the ad
ditional contributions as above provided, should there still be insufficient funds in any year to pay all annuities in full, then, and in such case, each teacher entitled to an annuity, shall be paid pro rata in same proportion as the amount of
money on hand is to the amount due. Rules.
(449) § 5771. SEC. 5. The retirement fund board shall make rules not inconsistent with the provisions of this act, which, when approved by the superintendent of public instruction, shall have the force and effect of law.
Such rules shall :
(1) Provide for the conduct and regulation of the meetprovide.
ings of the board and the transaction of its business;
(2) Prescribe the manner of payment of contributions by teachers to the retirement fund, and the payment and methods of payment of annuities therefrom;
(3) Establish a system of accounts, showing the condition of said fund, the receipts, expenditures and investments;
(4) Prescribe the forms of all accounts, warrants, reports and other documents to be used by all persons and officers kaving duties to perform under this act;
(5) Regulate the performance of duties of boards of education, trustees, and other officers and persons, imposed upon them by this act in respect to the contributions by teachers to the retirement fund, and the deduction of such contribu
tions from teachers' salaries. Contributions (450) S 5772. Sec. 6. (1) All teachers, except those, fund.
who, being under contract when this act takes effect, do not elect to come under its provisions, shall contribute to the retirement fund according to the following provisions :
(a) A teacher who shall have taught five years or less, in this state or elsewhere in public schools, shall contribute one
half per centum of his or her annual contractual salary, but Proviso, not more than five dollars during any year: Provided, That contributions.
the retirement fund board may increase the contributions to one per centum of his or her annual contractual salary, but to not more than ten dollars in any year.
(b) A teacher who shall have so taught more than five years, but less than fifteen years, shall contribute one per
centum of his or her annual contractual salary, but not more Proviso, than ten dollars during any year: Provided, That the retireidem.
ment fund board may increase the contribution to two per centum of his or her annual contractual salary, but to not more than twenty dollars during any year.
(c) A teacher who shall have so taught fifteen years or more, shall contribute two per centum of his or her annual contractual salary, but not more than twenty dollars during any year: Provided, That the retirement fund board may Proviso, increase the contribution to three per centum of his or her idem. annual contractual salary, but to not more than thirty dollars during any year.
(2) After this act takes effect, every teacher contracting who deemed to teach in the public schools, including all who under any agreed to previous contract of employment have not elected to come contribute. under this act, shall, by so contracting, be conclusively deemed to agree to pay and to authorize the deduction from salary of the assessments herein provided.
(3) Any person who when this act takes effect is employed Contribution as a teacher in the public schools, may within the unexpired employed. term of such employment elect to come under the provisions of this act by notifying in writing the retirement fund board, and at the same time filing with the local school board or other body vested with control of such schools, a duplicate of such notice and an authorization to deduct from each subsequent installment of salary the proper assessment, as herein prescribed.
(451) § 5773. Sec. 7. Boards of education, trustees, Deductions and other school authorities, having duties to perform in respect to the payment of salaries to school teachers who are under this act, shall cause to be deducted from each installment of salary of such teachers the pro rata amount due from such teachers to the teachers' retirement fund, and forward the same to the treasurer thereof, as prescribed by the retirement fund board. Every officer and person failing to perform Failure to any duty prescribed by this act, shall be liable to a penalty comply. of fifty dollars for each offense, to be recovered in an action of debt in the name of the people of the state of Michigan. And in case of any such liability, the attorney general, upon Penalty. requisition of the retirement fund board, shall prosecute and recover the penalty herein provided, and when recovered pay Recovery and the same to the treasurer of the school district who shall place disposition. the same to the credit of the library fund of the said district.
(452) § 5774. Sec. 8. A teacher who has taught for a Annuities period or periods aggregating thirty years, of which period upon at least fifteen years, including the last five years of service
Thirty years' preceding the application for retirement, shall have been spent service. in the public schools in this state, shall, upon and during retirement from actual service as a teacher on
or after December one, nineteen hundred fifteen, be entitled to an annuity of a sum equal to one-half of the average annual contractual salary paid to said teacher during the last five years of service, but no such annuity shall exceed five hundred dollars nor be less than three hundred dollars. A teacher who Twenty-five has taught for a period or periods aggregating twenty-five years' service. years, of which period at least fifteen years, including the last
last five years.
five years of service preceding the application for retirement, shall have been spent in the public schools of this state, shall, upon and during retirement from actual service as a teacher, on or after December one, nineteen hundred fifteen, be entitled to an annuity which bears the same ratio to the annuity provided for on retirement after thirty years of ser
vice as the total number of years of service of said person Fifteen years' bears to thirty years. A teacher who, having taught in the service.
public schools of this state for a period or periods aggregating fifteen years or more and being in the judgment of the employing board either physically or mentally incapable of teaching, is deemed deserving of an annuity by the retirement fund board, may be retired, and shall, upon retirement, be entitled to an annuity of as many thirtieths of the full annuity herein provided after thirty years' service as said teacher has taught years in the public schools of this state. The time spent in teaching in any public institution of this state
shall, for the purposes of this section, count as part of the agProviso, gregate time of teaching: Provided, That the last five years
of service shall have been that of a teacher as defined by this Retirement, act. Retirement may be had on request of the teacher or up
on the request of a board of education or other governing body Request. of a school district. Ñequest for retirement shall be made in
writing addressed to the retirement fund board, accompanied by evidence showing that the teacher named is entitled to retirement, and has complied with the provisions of this act,
and the rules of the board relating to the payment of annuiDetermina- ties. The board shall pass upon all requests for retirement tion by board. and shall determine whether such requests should be granted. What deemed In computing terms of service under this act, a year shall year's service. be a legal school year at the time and place where said service
was rendered, except that the time of service outside the state shall be reckoned by the number of years that the number of weeks taught would make of legal school years in this state.
(453) § 5775. SEC. 9. 1. No teacher shall be entitled annuity.
to an annuity who has not contributed to the retirement fund an amount equal to at least one hundred per centum of his or her annuity for one year. But a teacher otherwise entitled
to retirement and to an annuity under this act, may become annuitant.
an annuitant and entitled to an annuity by making a cash payment to the retirement fund of an amount which when added to his or her previous contributions to said fund, will equal one hundred per centum of his or her annuity for one year, or if unable to pay in advance the sum required to make up the said one hundred per centum of the yearly annuity, by authorizing the withholding of such annuity until the amount withheld shall equal the sum required to make up said one hundred per centum. The amount so withheld shall be
credited to said retirement fund. Annuities 2. Annuities shall be paid quarterly to the teachers entipayable quarterly.
tled thereto, upon the warrants or orders of the retirement fund board. Vouchers or receipts therefor shall be signed in
Who not entitled to
How may become