policy or contract in wilful violation of the provisions of this act, shall be punished by a fine of not more than five hundred dollars for each offence, and the insurance commissioner may proceed against the company or association, or its officers or agents in the manner provided in Acts, 1907, c. 576, § 7. [Acts, 1910, c. 493, § 7.]

682. Providing for the appointment of a special commission. - Resolved, That the governor, with the advice and consent of the council, shall appoint a special commission of three persons, one of whom shall be the insurance commissioner, to investigate the practices of insurance companies and their rates in workmen's compensation and other insurance, with a view to determining whether or not any monopoly or combination exists in the insurance business; also, whether the rates charged by insurance companies for workmen's compensation and other insurance are reasonable, and to what extent government regulation of insurance rates is desirable.

The commission shall serve without compensation, but may incur such expenses, not exceeding four thousand dollars, as the governor and council shall approve. [Res., 1914, c. 160.]

PUBLIC EMPLOYEES, COMPENSATION FOR INJURIES TO.

683. Compensating certain public employees for injuries. The commonwealth shall and any county, city or town, or district having the power of taxation, may pay the compensation provided by Acts, 1911, c. 751, Pt. II, and acts in amendment thereof and in addition thereto to such laborers, workmen and mechanics employed by it as receive injuries arising out of and in the course of their employment, or, in case of death resulting from any such injury, may pay compensation as provided in sections 6, 7 and 8 of said Pt. II, and in any amendments thereof, to the persons thereto entitled. [Acts, 1913, c. 807, § 1.]

684. Procedure and jurisdiction, etc. - Procedure under this act and the jurisdiction of the industrial accident board shall be the same as under the provisions of [Acts, 1911, c. 751] and the commonwealth or a county, city, town or district which accepts the provisions of this act shall have the same rights in proceedings under said chapter as the association thereby created. The treasurer and receiver general, or the treasurer or officer having similar duties of a county, city, town or district which accepts the provisions of this act, shall pay any compensation awarded for injury to any person in its employment upon proper vouchers without any further authority. [Acts, 1913, c. 807, § 2.]

685. Act to be submitted to voters. Counties, cities, towns, and districts having the power of taxation, may accept the provisions of this act by vote of a majority of those legal voters who vote on the question of its acceptance at an annual meeting or election as hereinafter provided. In towns and districts which have an annual meeting of the legal voters, this act shall be submitted for acceptance to the voters of the town or district at the next annual meeting after its passage. In cities, and in towns which do not have annual meetings, this act shall be submitted to the voters at the next municipal election, and in counties and in districts which do not have an annual meeting, at the next state election after its passage. . . . [Acts, 1913, c. 807, § 3.]

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686. Time extended for submitting act to voters. Towns and districts which have an annual meeting of the legal voters, and which, for any cause, failed to submit chapter eight hundred and seven of the acts of the year nineteen hundred and thirteen, being "An Act to provide for compensating certain public employees

for injuries sustained in the course of their employment", for acceptance to the voters of the town or district at the next annual meeting after the passage of said act, may submit said act for acceptance by the legal voters of the town or district at the annual meeting in the year nineteen hundred and fifteen, and such submission and the vote thereon shall have the same effect as if the act had been submitted at the next annual meeting of the town or district after the passage of said act. [Acts, 1914, c. 618.] .. At every such election, and at every annual meeting where ballots are used, the following question shall be printed on the ballot:

687. Question to be printed on ballot.

"Shall chapter [807] of the acts of nineteen hundred and thirteen, being an act to provide for compensating laborers, workmen and mechanics for injuries sustained in public employment, and to exempt from legal liability counties and municipal corporations which pay such compensation, be accepted by YES. the inhabitants of this (county, city, town, water district, fire district,

NO.

The vote shall be canvassed by the county commissioners, city council or commission, or selectmen, or, in the case of a district, by the district commissioners or other governing board of the district. [Acts, 1913, c. 807, § 3.]

vote shall be posted in the county court house, or city or town hall, or, in the case of a district, in the public building where the employees of the district are paid. . . . [Acts, 1913, c. 807, § 3.]

689. Acceptance of act exempts from liability.

Except as provided in [paragraph 690], a county, city, town or district which accepts the provisions of this act shall not be liable in any action for a personal injury sustained by a laborer, workman or mechanic in the course of his employment by such county, city, town or district, or for death resulting from such injury. [Acts, 1913, c. 807, § 3.]

690. Waiver of right of action, etc. A laborer, workman or mechanic entering or remaining in the service of a county, city, town or district, who would, if injured, have a right of action against the county, city, town or district by existing law, may, if the county, city, town or district has accepted the provisions of this act before he enters its service, or accepts them afterward, claim or waive his right of action as provided in [Acts, 1911, c. 751, Pt. I, § 5, as am.], and shall be deemed to have waived such right of action unless he claims it. Section four of said Part I shall apply to actions by laborers, workmen or mechanics employed by a county, city, town or district which accepts the provisions of this act. [Acts, 1913, c. 807, § 4.]

691. Persons not to receive both pension and compensation for same injury, etc.—Any person entitled to receive from the commonwealth or from a county, city, town or district the compensation provided by Part II of said c. 751, who is also entitled to a pension by reason of the same injury, shall elect whether he will receive such compensation or such pension, and shall not receive both. In case a person entitled to such compensation from the co nmonwealth or from a county, city, town or dis rict receives by special act a pension for the same injury, he shall forfeit all claim for compensation, and any compensation received by him or paid by the commonwealth or by the county, city, town or district which employs him for medical or hospital services rendered to him may be recovered back in an action at law. No further payment shall be awarded by vote or otherwise to any person who has claimed and received compensation under this act. [Acts, 1913, c. 807, § 5.],

692. To whom this act shall apply. This act shall apply to all laborers, workmen and mechanics in the service of the commonwealth or of a county, city or town, or district having the power of taxation, under any employment or contract of hire, expressed or implied, oral or written, including those employed in work done in performance of governmental duties as well as those employed in municipal enterprises conducted for gain or profit. For the purposes of this act all laborers, workmen and mechanics paid by the commonwealth, but serving under boards or commissions exercising powers within defined districts, shall be deemed to be in the service of the commonwealth. [Acts, 1913, c. 807, § 6.]

693. To whom workmen's compensation act shall not apply. The provisions of Acts, 1911, c. 751, and acts in amendment thereof and in addition thereto shall not apply to any persons other than laborers, workmen and mechanics employed by counties, cities, towns, or districts having the power of taxation. [Acts, 1913, c. 807, § 7.]

694. Compensation for injuries to laborers employed by Boston transit commission. Laborers employed by the Boston transit commission shall be deemed to be in the service of the city of Boston within the provisions of Acts, 1913, c. 807, and shall be entitled to the compensation provided for by that act. Such compensation shall be paid out of the proceeds of the rapid transit loans and shall be included in the net cost of the tunnel or subway in the construction of which such laborers receive personal injuries arising out of and in the course of their employment. [Acts, 1914, c. 636.]

695. Compensation of members of the militia injured in the discharge of their duties. A member of the volunteer militia or of the naval brigade who shall, when on duty or when assembled therefor under the provisions of Acts, 1908, c. 604, §§ 141, 142, 151, 152, 160, or 162, receive any injury, by reason of such duty or assembly, or who shall without fault or neglect on his part be wounded or disabled while performing any such lawfully ordered military duty, which shall temporarily incapacitate him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive such compensation as shall be fixed by a board appointed to inquire into his claim, not exceeding in amount the pay provided for by this act and actual necessary expenses for care and medical attendance. All claims arising under this section shall be inquired into by a board of three officers, at least one being a medical officer, to be appointed by the commander-in-chief upon the application of the member making the claim. Such board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and punish their failure to do so, as is possessed by a general court-martial. The findings of the board shall be subject to the approval of the commander-in-chief. The amount found due such member by said board, to the extent that its findings are approved by the commander-in-chief, shall be a charge and shall be paid in like manner as other military accounts are paid. Acts, 1908, c. 604, § 198, as last am. by Acts, 1914, c. 380.]

696. Definitions of words and phrases. In this act, unless the context otherwise requires:

(a) The words "retirement system" mean the arrangements provided in this act for the payment of pensions.

(b) The word "annuities" means the payments for life derived from money contributed by the employees.

(c) The word "employees" means permanent and regular employees in the direct service of the commonwealth or in the metropolitan district service, whose only or principal employment is in such service.

(d) The word "pensions" means the payments for life derived from money contributed by the commonwealth.

(e) The words "regular interest" mean interest at three per cent per annum compounded semi-annually on the last days of December and June, and reckoned for full three and six months' periods only.

(f) The words "continuous service" mean uninterrupted employment, with these exceptions: a lay-off on account of illness or reduction of force, and a leave of absence, suspension or dismissal followed by reinstatement within two years. As to appointees of the sergeant-at-arms the interval between sessions of the general court shall not be considered as breaking the continuity of service, and engineers and inspectors in the intermittent service of the commonwealth shall not lose the benefit of continuity of service in the intervals between employments, and, for the purpose of computation, cumulative credit shall be given them for all periods of employment in the service of the commonwealth, as shown by the records of the civil service commission.

In the case of employees of any department or institution formerly administered by a city, county or corporation and later taken over by the commonwealth, service rendered prior to such transfer shall be counted as a part of the continuous service for the purposes of this act. [Acts, 1911, c. 532, § 1, as am. by Acts, 1912, c. 363, § 1, and Acts, 1914, c. 568.]

697. Organization of retirement association. A retirement association shall be organized among the employees of the commonwealth, including employees in the metropolitan district service, as follows:

(1) All employees of the commonwealth, on the date when the retirement system is established, may become members of the association. On the expiration of thirty days from said date every such employee shall be considered to have elected to become, and shall thereby become, a member, unless he shall have within that period, sent

notice in writing to the state insurance commissioner that he does not wish to join the association. [Acts, 1911, c. 532, § 3, as last am. by Acts, 1912, c. 363, § 2.]

Any person who has heretofore given notice in writing to the insurance commissioner that he did not wish to join the retirement association established by Acts, 1911, c. 532, in accordance with clause (1) of section three thereof, may become a member of the said association: provided, that he gives notice in writing to the insurance commissioner during the calendar year 1913 that he desires to become a member of the association. [Acts, 1913, c. 310, § 1.]

The pension for prior service of any person becoming a member of the retirement association under the provisions of this act shall not be based upon or include any allowance for the period of time between the first day of June, 1912, and the date when such person becomes a member of the association. [Acts, 1913, c. 310, § 2.] (2) All employees who enter the service of the commonwealth after the date when the retirement system is established, except persons who have already passed the age of fifty-five years, shall upon completing ninety days of service become thereby members of the association. [Acts, 1911, c. 532, § 3, as am. by Acts, 1912, c. 363, § 2.]

(6) Employees who are paid partly by the commonwealth and partly by a county having a retirement system shall be enrolled as members of the state retirement association. Such employees shall be assessed on their full wages or salaries and the assessments on the part of such wages or salaries paid by the county shall be deducted by the treasurer of the county and turned over by him to the retirement association fund of the commonwealth. When any such employee is retired under the provisions of this act the treasurer of the commonwealth shall be reimbursed out of the treasury of the county for a part of the pension payments to such employee equivalent to the amount of the annuity payable on the assessments on that part of his wages or salary paid by the county which was deducted and turned over to the retirement association fund of the commonwealth in the manner hereinbefore provided. [Acts, 1911, c. 532, § 3, as am. by Acts, 1912, c. 363, § 2.]

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698. Employees not affected by retirement system. (3) No officer elected by popular vote may become a member of the association, nor any employee who is or will be entitled to a pension from the commonwealth for any reason other than membership in the association. [Acts, 1911, c. 532, § 3, as am. by Acts, 1912, c. 363, § 2.]

(2) . . Persons over fifty-five years of age who enter the service of the commonwealth after the establishment of the retirement system shall not be allowed to become members of the association, and no such employees shall remain in the service of the commonwealth after reaching the age of seventy years. [Acts, 1911, c. 532, § 3, as am. by Acts, 1912, c. 363, § 2.]

699. Employees who may be retired. (4). . . Any member who reaches the age of sixty years and has been in the continuous service of the commonwealth for a period of fifteen years immediately preceding may retire or be retired by the board of retirement upon recommendation of the head of the department in which he is employed, and any member who reaches the age of seventy must so retire. [Acts, 1911, c. 532, § 3, as am. by Acts, 1912, c. 363, § 2.]

(5) Any member who has completed a period of thirty-five years of continuous service may retire, or may be retired at any age by the board of retirement upon recommendation of the head of the department in which he is employed, if such action