LB 
 
 NT 
 «^\3 
 

 
 
STATE 
 
 OF 
 
 NORTH DAKOTA 
 
 Teachers' Insurance 
 
 and Retirement 
 
 Fund. 
 
 CHAPTER 251 
 SESSION LAWS OF 1913. 
 
 Issued by the Board of Trustees. 
 
 JOURNAL PUBLISHING CX>. 
 DEVII.S Lake, N. D. 
 
 STATE PRINTERS 
 
 1913 
 
STATE 
 
 OF 
 
 NORTH DAKOTA 
 
 Teachers' Insurance 
 
 and Retirement 
 
 Fund. 
 
 CHAPTER 251 
 SESSION LAWS OF 1913. 
 
 Issued by the Board of Trustees. 
 
 JOURNAL PUBLISHING CO. 
 
 Devils Lake. N. D. 
 
 state printers 
 
 1913 
 

 
 Board of Trustees 
 
 Term 
 Expires 
 
 Supt. John A. Haig, Presid nt, Devils Lake. 1916 
 Miss Clara Struble, Vice President, 
 
 Grand Forks 1914 
 
 Supt. P. S. Berg, Sec, Dickinson.... 1915 
 
 Hon. Gunder Olson, Ex-officio, 
 
 Treasurer, Bismarck 1915 
 
 State Supt. E. J. Taylor, Ex-officio, 
 Bismarck ' 1915 
 
 n oro. 
 
 OCT 6 1913 
 
TEACHERS' INSURANCE 
 
 AND RETIREMENT 
 
 Fund. 
 
 § I. Creation of Fund and Mem- 
 bership OF Board.] There is created a 
 teachers' insurance and retirement 
 
 fund, which shall be managed by a 
 board of trustees to be known as the 
 board of trustees of the teachers' in- 
 surance and retirement fund. Such 
 board shall consist of five members. 
 The state treasurer and the state 
 superintendent of public instruction 
 shall be ex-officio members of said 
 board; three members, one of whom 
 shall be a woman, shall be appointed 
 by the governor from among the mem- 
 bers of the teachers' retirement fund 
 as provided for in this act. One such 
 appointive member may be a retired 
 member of the fund. The term of 
 office of the appointive members of 
 said board of trustees shall be three 
 years, except as provided henin, and 
 shall begin on the first day of July, 
 next succeeding their appointment; 
 provided that the terms of office of 
 the first members appointed shall be 
 one for a period of one year, and one 
 for a period of two years, and one for 
 a period of three years. 
 
 
 ^.o, ^ 730 
 
§ 2 Annual Meeting of Members.] 
 At the titae and place of the meetinji 
 of the North Dakota State Education 
 Association, those teachers whp have 
 qualified as members of the teach- 
 ers' insurance and retirement fund 
 according to Section 11, 12 and 
 13 of this Act, shall meet for the pur- 
 pose of hearing the report of the 
 board created by Section 1 of this Act, 
 and of transacting such other busines'^ 
 as may properly come before them. 
 
 § 3. Vacancies.] In case any va- 
 cancy occurs among the members of 
 the board, said vacancy shall be filled 
 immediately by the governor, and the 
 appointee shall serve the balance of 
 the term for which the original mem- 
 ber was appointed. 
 
 § 4. Organization of the Board.] 
 Said board of trustees shall organi7e 
 by the election of a president. The 
 state treasurer shall be ex-orticio treas- 
 urer of said board, and shall receive and 
 make payments from and account for 
 said funds in the same manner as for 
 other state funds. Said board may 
 employ a secretary to be chosen for 
 such a term as shall he determined by 
 said board. Said secretary shall per- 
 form such duties in connection with 
 the teachers' insurance and retirement 
 fund as may be prescribed by the 
 board. 
 
 § 5. Meetings and Regulations.] 
 Said board shall meet annually within 
 three months after Julv first of each 
 
year, at tlie office of the superinten- 
 dent of public i'nstruction, at a time to 
 be fixed by the board, and at any 
 other time on the call of the president 
 or of any two members thereof. Said 
 board shall adopt rules for the govern- 
 ment of its meetings and for member- 
 ship in the fund, payments thereto 
 and therefrom, and tor other matters 
 which will be calculated to aid teach- 
 ers in securing the benefit of the fund. 
 
 §,6. Compensation and Secretary.] 
 Members of said board shall receive 
 no compensation except their necessary 
 traveling expenses incurred in attend- 
 ing the meetings, to be paid from the 
 teachers' insurance and retirement fund 
 upon the certificate of the president 
 and secretary; but if the board shall 
 elect one of its members secretary, such 
 member may receive compensation for 
 services rendered as secretary. The 
 secretary of said board shall receive 
 a salary to be fixed by the board, at 
 an amount not to exceed twelve hun- 
 dred dollars per annum. The compen- 
 sation of the secretary and any other 
 necessary expenses incurred by said 
 board in carrying out the provisions 
 of this Act shall be paid from the 
 fund. 
 
 § 7 Investment of Funds.] Said 
 board shall have charge of the fund 
 and shall invest the same under the 
 same conditions as the trust funds of 
 the state may be invested. 
 5 
 
§ 8. Annual Report,] On or before 
 the first day of October of each year, 
 said board shall report for the fiscal 
 year ending the thirtieth of June pre- 
 ceding. A copy of said report shall 
 be transmitted to the annual meeting 
 of the members of the teachers' insur- 
 ance and retirement fund and to the 
 state superintendent of public instruc- 
 tion. Said superintendent shall in-' 
 elude a copy of said report in his bien- 
 nial report to the governor, 
 
 § 9. Retention of Assessments ] 
 Each school district board, each board 
 of education, or other managing body 
 of each city, and of each school dis- 
 trict; and of each village^ and of each 
 town operating its schools under the 
 townshi'p system of school government, 
 shall retain on every pay day from 
 the salary of each teacher in their 
 respective schools, the amounts herein 
 provided. Each teacher shall be 
 furnished a statement by such board, 
 showing the amount so deducted from 
 his or her salary. 
 
 § 10. Amount of Assessments.] 
 Every teacher who has joined the fund 
 shall be assessed upon his or her salary 
 as teacher for a period of twenty-five 
 years as follows, one per centum per 
 annum, but not more than twenty dol- 
 lars per year, for each of the first ten 
 years of service as teacher; and two 
 per centum per annum, but not more 
 than forty dollars per year, for each 
 
successive year of services as teacher, 
 until sai'd teacher shall have had a 
 total of twenty-five years of teaching 
 service; "when said assessments shall 
 cease. The total amount paid into 
 said fund by each teacher shall be 
 based upon said twenty-five years of 
 service as teacher with assessments as 
 provided in this Section; provided that 
 such total amount shall not be less 
 than the full amount of the annuity 
 to which such teacher shall be en- 
 titled for the first year. 
 
 § II. All New Teachers Assessed 
 After January i, 1914-] I^ becoming 
 a teacher in said public schools after 
 January 1, 1914, he or she shall be 
 conclusively deemed to join the fund 
 and to undertake and agree to pay 
 such assessments, and to have such 
 assessments deducted from his or her 
 salary as herein provided. 
 
 § 12. Assessments Optional for 
 Teachers Now Teaching in the 
 State.] Any person employed as teach- 
 er in said public schools when this Act 
 takes effect, may, at any time before 
 January 1, 1914, elect to join the fund 
 and to come within the provisions of 
 this Act, by notifying in writing the 
 board of trustees of the teachers' in- 
 surance and retirement fund, but no 
 person employed as teacher in said 
 public schools, when this Act takes 
 effect, shall be compelled to join the 
 fund; or to come within the provisions 
 
of this Act or to pay the assessments 
 or to have the same deducted from 
 his or her salary without his or her 
 consent. 
 
 S 13. Notification by Teacher.] At 
 the time of giving said notice to the 
 board of trustees, as herein provided, 
 such teacher shall notify the local 
 school board or any other managing 
 body, iii 'writing, of his or her election 
 to come within the provisions of this 
 Act; and thall authorize said school 
 board, as a part of said notice, to de- 
 duct from each payment of salary due 
 him or her a sum equal to said per 
 centum of such payment as provided 
 in Section 10. 
 
 § 14. Transmission of Money to 
 County Treasurer.] Each such school 
 district board, each board of educa- 
 tion, or other managing body, shall 
 each year, between the 20th and the 
 30th days of June, forward to the 
 treasurer of the county in which the 
 school house of said teacher is located, 
 a statement verified by the secretary 
 or clerk thereof, of the moneys so re- 
 tained, in accordance with the pro- 
 visions of this Act. together with said 
 moneys so retained. Said statement 
 shall also include the following: 
 Name and monthly salary of each of 
 said teachers: number of months of 
 school taught by each teacher in said 
 public schools of the district, village, 
 or city over which said school board 
 or other managing body has jurisdic- 
 
tion during the school year for which 
 the statement is made; the number of 
 months constituting a school year in 
 such district, village or city; the total 
 salary of each teacher; the total 
 amount withheld from the salary of 
 each teacher^ in accordance with the 
 provisions of this Act; the total 
 amount withheld from the salaries of 
 all of said teaoiieis for the school 
 yeai next precee Ti-.g, and the total 
 number of years such teacher has 
 taught in the public schools of the 
 state. 
 
 § 15. Statements to be Sent to 
 County Superintendent and County 
 Auditor.] Said school board shall at 
 the same time send a copy of said 
 statement to the superintendenr of 
 the county^ in whie.-i >aid school house 
 is located, and also a duplicate copy 
 of the same to the auditor of said 
 county,. 
 
 § 16. Statement to be Sent in All 
 Cases.] If no teacher in such city, 
 vi'llage , town or school district comes 
 under the provisons of this Act, th*^ 
 school board or other managing body 
 of such city, village, town or school 
 district, shall state this fact under the 
 oath of the secretary or the clerk 
 thereof, to the treasurvr of said coun- 
 ty; and shall at the same time forward 
 copies of said statement to the super- 
 intendent of said 3ouuty ard to the 
 auditor of sai'd -county. 
 
§ I/. Reports to be Made to the 
 Board.] Each county superintendent 
 shall each year, between the 30th day 
 of June and the lOth day of July, re- 
 port under oath to the board of trus- 
 tees of the teachers' insurance and re- 
 tirement fund. Said report shall con- 
 tain an itemized account of the stato- 
 ments received by him from the school 
 boards and a statement of t.ho total 
 amount withheld from the salaiies of 
 all of the said teachers in said report. 
 
 § i8. Reports to be Preserved.] 
 The board of trustees of the teachers' 
 insurance and retirement fund, each 
 county superintendent, each county 
 auditor, each county treasurer, each 
 school distri'ct board, each town board 
 of education, or other managing body, 
 shall keep complete records of the 
 data contained in said reports and of 
 the statements hereinbefore mentioned. 
 
 § 19. Transmission of Funds to 
 State Treasurer.] Between the 15th 
 day of July and the 1st day of August 
 of each year, the county treasurer 
 shall transmit to the state treasurer 
 all moneys which he has received from 
 the school boards in accordance with 
 the provisions of this Act; and shall 
 certify under oath to the board of 
 trustees of the teachers' insurance and 
 retirement fund the amount so received 
 and transmitted to the state treasurer, 
 as herein provided. The state treasurer 
 shall credit all moneys received under 
 
 10 
 
the provisions of this Act to the fund 
 designated as the teachers ' insurance 
 and retirement fund. 
 
 § 20. Penalty for Failure to Re- 
 port AND Transmit Funds.] No city, 
 village, town or school district shall 
 share in the apportionment of the 
 state tuition fund for any year, un- 
 less it has made the report as herein 
 provided and paid over to the state 
 treasurer for the teachers' insurance 
 and retirement fund such per centum 
 as provided i'n Section 10 of the total 
 sum paid in wages to such teachers as 
 come under the provisions of this Act, 
 and also the portion of the county 
 tuition fund described in Section 21. 
 
 § 21. Fund to be Set Aside From 
 County Tuition Fund and Transmit- 
 ted TO State Treasurer,] Each county 
 treasurer shall annually set aside from 
 the county tuition fund a sum equaJ 
 to ten cents for each child of school 
 age i'n his county and shall transmit 
 this sum to the state tr-eagurer at the 
 same time that he transmits the funds 
 received from the school boards in ac- 
 cordance with Section 19, and shall 
 certify under oath to the board of 
 trustees of the teachers' insurance 
 and retirement fund the amount so 
 tramsimitted to the stajte treasurer 
 The state treasurer shall credit all 
 moneys received in accordance with 
 this Section to the fund designated as 
 the teachers' insurance and retirement 
 fund. 
 
 11 
 
§ 22. Name of Fund.] The moneys 
 received by the state treasurer under 
 the provisions of Sections 19 and 21 
 of this Act, together with donations 
 or legacies received therefor, or 
 monrys received from any legal source 
 of increment, shall constitute a fund 
 to be known as the "teachers' insur- 
 ance and retiVement fund. ' ' 
 
 § 22). Payment of Back Assess- 
 ments.] Any teacher coming from 
 schools not included under the provi- 
 sions of this Act shall pay assesments 
 for said years of service in such 
 schools, as provided in Section 10, 
 based upon his or her first annual 
 salary in said public schools of the 
 state, tog^'ther with the regular as- 
 sessments as provided in Section 10, 
 before receiving any retirement an- 
 nuity. 
 
 § 24. Retirement of Teachers Who 
 Are Eligible to Annuity.] A.ny teacher 
 who may be teaching in said public 
 schools and who has complied with the 
 provisions of these Sections may re- 
 tire and receive the annuity provided 
 for in the following cases: 
 
 1. After a period or periods agg:e- 
 gating twenty-five years of s^er 
 vice as teacher, of which eighteen 
 years, including the last five, must 
 have been spent in public schools 
 of this state provided that pay- 
 ments by said teacher to the fund 
 shall have amounted to a sum as pro- 
 12 
 
vided in Section 10. If said pay- 
 ments shall not have amounted to said 
 sum, the teacher shall pay into the 
 fund the deficiency before receiving 
 said annuity. 
 
 2, After fifteen years of service as 
 teacher in the public schools of the 
 state, when sai'd teacher suffers from 
 a permanent mental or physical dis- 
 ability, to be determined by said 
 board after an examination by two 
 physicians appointed by said board, 
 provided that payments by said teach- 
 er to the fund shall have amounted to 
 a sum as provided in SectJon 10. If 
 said payments shall not have amount- 
 ed to said sum, the teacher shall pay 
 into the fund the deficiency before 
 receiving the annuity. The examina- 
 tion fees of such physicians shall be 
 paid by said applicant. 
 
 § 25. Legal School Year Defined ] 
 In computihig the terms of service 
 under Section 24, a year shall be a 
 legal school year at the time and place 
 where paid service was rendered, ex- 
 cept that "where the service was 
 rendered in schools not included with- 
 in th-^ provisions of this Act, a time 
 less than a legal school year in this 
 state shall not be included as a year, 
 but only as such proportion of a year 
 as the number of teaching weeks in 
 each such year bears to the number 
 of weeks required at the time to 
 constitute a legal school year in this 
 state. 
 
 1.3 
 
§ 26. Application to the Board.] 
 Any person who has compliefl with 
 the provisions of this Act and desires 
 to retire from active service i'n said 
 public schools, shall apply in writing 
 to the board of trustees of the teach- 
 ers' insurance and retirement fund. 
 
 § '- N>'()i\-r oi" Axvui'N'.t Ea-h 
 teacher retiring from the service of 
 said public schools under the provi- 
 sions of Section 24, shall annually and 
 for life be entitled to receive as an- 
 nuity a sum equal to one fiftieth of 
 his or her average annual salary for 
 the last five years of service, multi- 
 plied by the whole number of years 
 of service as teacher; provided, how- 
 ever, that said annuity shall not 
 exceed seven hundred and fifty dollars 
 in any one year, or be less than three 
 hundred and fifty dollars in any one 
 year, subject, however, to all the pro- 
 visions of this Act, 
 
 § 28. Trustees May Ratably Dim- 
 inish Annuities.] The board of trus- 
 tees may ratably reduce the annuities 
 provided in this Act, whenever in the 
 judgment of the board, the condition 
 of the fund shall require such reduc- 
 tion, 
 
 § 29. Withdrawals from Member- 
 ship IN the Fund.] Any teacher who 
 shall cease to teach in said public 
 schools before receiving any benefit 
 or annuity from the fund, shall if 
 application be made in writing to the 
 
 14 
 
board of trustees within six months 
 after the date of hi's or her resigna- 
 tion, be entitled to the return of one- 
 half of the amount, without interest, 
 which shall have been paid into the 
 fund by such teacher. If such teacher 
 should again thereafter teach in said 
 public schools he or she shall within 
 one year from the date of his or her 
 return to the service in said public 
 schools refund to said fund the amount 
 so returned to such teacher, together 
 with simple interest on said amount 
 (but not to exceed four per centum 
 per annum) for the time such amount 
 was withdrawn from the fund. 
 
 § 30. Annuities to be Paid Quar- 
 terly.] The state treasurer shall pay 
 said annuities quarterly in September, 
 December, March and June of each 
 year, upon the warrants of the state 
 auditor issued upon certificates of the 
 president and secretary of said board. 
 No payments shall be made prior to 
 September 1915. 
 
 § 31. Annuities Paid from Inter- 
 est AND Principal.] Pavments from 
 the fund shall be made from the in- 
 come thereof and in addition thereto, 
 when necessary, from the principal of 
 moneys received under Sections 19 and 
 21. 
 
 § 32. Annuity to Cease Upon Re- 
 sumption OF Teaching.] Any person 
 retiring under these Sections may 
 again enter upon the work of teaching 
 
 15 
 
in said public schools; during said 
 term, of teaching the annuity paid to 
 such person shall cease. Said annuity 
 shall agai'n be paid to said person up- 
 on his or her further retirement. 
 
 § 3S. Annuities Not Subject to Le- 
 gal Process.] The annuities so created 
 shall not be subject to attachment, 
 garnishment, execution or other sciz 
 lire or process, nor shall they be sub- 
 ject to sale, assignment, pledge, mort- 
 gage, or other alienation. 
 
 § 34. The Term "Teacher" Defined 
 for the Act.] The term "teacher," 
 as used in this Act, shall include all 
 persons employed in teaching by any 
 city board of educati'on, or school 
 board or other managing body of any 
 city, town, village, or rural school dis- 
 trict in this state, and all superintend- 
 ents and assistant superintendents of 
 said schools, including county superin- 
 tendents and their assistants, all su- 
 pervisors of instruction all principals 
 and assistant principles and special 
 teachers of said schools. 
 
 !•;. 
 

 (.'' 
 
 
 '-JKr 
 
 
 
LIBRARY OF CONGRESS 
 
 021 300 428 1