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CHAPTER XXIX. RETIREMENT FUND.

$ 458. Creation and maintenance.
459. Disbursement.
460. Retirement with thirty years' ex-

perience.
461. Retirement on account of disability

or incapacity.

$462. Refund or transfer of funds.
463. Term “teacher" defined.
464. Duty of treasurer.
465. Provisions voluntary.
466. Rules and regulations.

SECTION 458. Creation and Maintenance. [Laws 1911, ch. 280, sec. 1.] In any city of the first class in the state of Kansas there may be created by the board of education of such city a public-school teachers' retirement fund, which fund, when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner: First, by an assessment of not less than one

per cent nor more than one and one-half per cent of every installment of salary paid to a teacher employed in such city; second, by the setting aside from the general fund for the support of the schools in such city, of an amount which shall be not less than one and onehalf times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for; third, by the receipt by the gift or otherwise of any real, personal or mixed property or any interest therein.

SEC. 459. Disbursement. [Laws 1911, ch. 280, sec. 2.] Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth; and any surplus of fund not needed for immediate disbursement may be invested by the board of education of such city, acting as trustees of such fund, in any bonds approved by the State School-fund Commission.

SEC. 460. Retirement with Thirty Years' Experience. [Laws 1911, ch. 280, sec. 3.] Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience may be retired by such board of education. Any teacher so retired under the foregoing provision of this section, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of such cities of the first class, shall be entitled to receive from such retirement fund, so long as such teacher may live, equal monthly payments, which shall aggregate $500 per annum; provided, however, that no one shall receive such pension without paying into the fund therefor, by way of assessment or otherwise, not less than one-half of the amount of the first annual pension to which such person shall be entitled. And in order to make

up such one-half the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.

SEC. 461. Retirement on Account of Disability or Incapacity. [Laws 1911, ch. 280, sec. 4.] Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five or more years of teaching experience may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher so retired, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of cities of the first class, shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of $500 as the number of years of such accredited teaching experience of the beneficiary shall bear to the term of thirty years. Any teacher so retired may, at the discretion of the board of education, should such teacher's incapacity or disability be removed, be reinstated as a teacher, and any right to any payments from this fund until such teacher again be retired shall cease with such reinstatement. And shall any teacher be so reinstated the years of such retirement shall be included in arriving at the term of service when such teacher may again be retired, but no credit for such years of retirement shall be given in arriving at the amount such teacher shall be entitled to receive from the retirement fund.

SEC. 462. Refund or Transfer of Funds. [Laws 1911, ch. 280, sec. 5.] If at any time a teacher who is willing to continue is not reëmployed or is discharged before the time when he or she would under the provisions of this act be entitled to a pension, then such teacher shall be paid back at once the money he or she may have contributed under this act. Should a teacher duly accredited in a city of the first class accept service in the public schools of any other city of the first class, a sum equivalent to all payments made by such teacher into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher who shall retire voluntarily from the service shall receive a refund of one-half of the money he or she shall have contributed under this act. And should any teacher die before receiving any of the benefits or pensions by this act provided the board of education shall pay to such teacher's heirs or estate one-half of the amount, without interest, which shall have been paid into such pension fund by said teacher.

SEC. 463. Term "Teacher" Defined. [Laws 1911, ch. 280, sec. 6.] In construing this act, the word “teacher" shall include all members of the teaching staff employed by the board of education of such city, which shall include superintendents, supervisors, and assistants to the superintendent of instruction, principals, and teachers.

SEC. 464. Duty of Treasurer. [Laws 1911, ch. 280, sec. 7.] It is hereby made the duty of the treasurer of such city to keep any fund arising under the provisions of this act as a separate fund, and to disburse the same in accordance with the instructions and orders of the board of education of such city.

SEC. 465. Provisions Voluntary. [Laws 1911, ch. 280, sec. 8.] After said retirement fund shall be created by said board of education of such city, the salary of any teacher regularly employed by such city shall be exempt from the provisions of this act, provided such teacher shall make a request in writing for such exemption and file the same with the board of education of such city within one month after such teacher shall enter upon such regular employment as a teacher, and such request, when filed with the board of education of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein provided for.

SEC. 466. Rules and Regulations. [Laws 1911, ch. 280, sec. 9.] The board of education shall have power to adopt rules and regulations for the carrying out of the purposes of this act not in conflict therewith.

CHAPTER XXX.-STATE SUPERINTENDENT OF PUBLIC

INSTRUCTION.

$ 467. Official oath and bond,
468. Shall have supervision of the edu-

cational interests of the state. 469. May appoint an assistant superin

tendent and a clerk of the board

of school-fund commissioners. 470. Apportionment of the annual school

fund; time of making, and basis

of the same. 471. Manner of apportioning the state

annual school fund.
472. Official opinions to be given at the

request of county superintendents,
and a record of such decisions
kept.

$473. May publish the school laws in force,

and shall cause the printing and distribution of blanks required in transaction of the common-school

business. 474. Shall visit schools and recommend

text-books. 475. Office at seat of government; books,

apparatus, reports, etc., to be

preserved therein. 476. Evidence. 477. Biennial report; when it shall be

made, and what it shall contain.

SECTION 467. Oath and Bond. [8913.] The state superintendent of public instruction shall, before he enters upon the duties of his office, take and subscribe the proper oath of office, and shall execute to the state of Kansas a bond in the sum of $10,000, with two or more sufficient sureties to be approved by the Executive Council, conditioned that he shall faithfully perform the duties of his said office, which oath and bond shall be filed in the office of the secretary of state. (Laws 1879, ch. 166, sec. 78.)

SEC. 468. General Duties. [8914.] The educational interests of the state shall be under the supervision and management of the state superintendent of public instruction, subject to such limitations and restrictions as are or may be. prescribed by law; and he shall have and exercise the powers and perform the duties prescribed in the acts relating to common schools. (Laws 1879, ch. 166, sec. 79.)

SEC. 469. Assistant and Clerk. [8915.] The state superintendent shall have power to appoint an assistant superintendent of public instruction, who shall take the proper oath of office, which shall be filed in the office of the secretary of state; and such assistant shall perform such duties as his principal shall prescribe, not inconsistent with law. Such assistant shall be styled the “assistant state superintendent of public instruction," and the state superintendent shall be responsible for all the official acts of such assistant. Such superintendent may also appoint an additional clerk, who shall act as clerk of the board of commissioners for the management and investment of the school fund; and such clerk shall perform such other duties as the superintendent may require, and for whose official acts such superintendent shall be responsible. (Laws 1879, ch. 166, sec. 80.)

SEC. 470. Apportionment of School Fund. [8916.] Such state superintendent shall distribute the income of the state school fund and the annual taxes collected by the state for the support of common schools to those counties of the state from which the proper reports have been received by said state superintendent. Such distribution shall be made twice in each year, as follows: All such moneys received up to the 15th of February shall be distributed between the 15th and last day of such month, and that received up to the 15th day of August shall be distributed between the 15th and last day of such month. The apportionment to each county shall be made in proportion to the number of children over the age of five years and under the age of twenty-one years, resident therein, as shown by the last annual report of the county superintendent to the state superintendent. (Laws 1879, ch. 166, sec. 81.)

SEC. 471. Draw Orders. [8917.] Such superintendent shall draw his order on the state treasurer in favor of the county treasurer of the counties respectively entitled to school moneys for the amount of such moneys apportioned to his county, and certify the amount of such order to the state treasurer and state auditor, and also to the county clerk and superintendent of the proper county. (Laws 1879, ch. 166, sec. 82.)

SEC. 472. Official Opinions. [8918.] Such superintendent shall, at the request of any county superintendent,167 give his opinion, upon a written statement of facts, on all questions and controversies arising out of the interpretation and construction of the school laws in regard to the rights, powers and duties of school-district boards, school officers, and county superintendents, and shall keep a record of all such decisions. Before giving any such opinion, the superintendent may submit the statement of facts to the attorney-general for his advice thereon, and it shall be the duty of the attorney-general forthwith to examine such statement, and suggest the proper decision to be made upon such facts. (Laws 1879, ch. 166, sec. 83.)

SEC. 473. School Laws and Blanks. [8919.] Such superintendent, not oftener than once in two years, may publish the school laws in force, with such forms, regulations, instructions and decisions as he may judge expedient thereto annexed, and shall cause the same to be forwarded to the persons entitled to receive them. He shall prescribe and cause to be prepared all forms and blanks necessary in the details of the commonschool system, so as to secure its uniform operation throughout the state; and shall cause the same to be forwarded to the several county superintendents, to be by them distributed to the several persons or officers entitled to receive the same. (Laws 1879, ch. 166, sec. 84.)

SEC. 474. Visitation and Text-books. [8920.] It shall be the duty of such superintendent to visit each county of the state

167. The state superintendent is required by law to render an opinion to the county superintendent. Such opinions should always be sought through the county superintendent.

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