§ 5.

Retirement pensions.

L. 1921, ch. 62.

printed matter, intended for a person not a member of such corporation or association, shall bear on the same the name of such corporation or association and the names of the officers thereof together with the addresses of the latter. (Added by L. 1923, ch. 664, in effect May 22, 1923.)

§ 56. Offenses; penalties.—Any corporation or association violating any provision of this article shall be guilty of a misdemeanor punishable by a fine of not less than one thousand dollars nor more than ten thousand dollars. Any officer of such corporation or association and every member of the board of directors, trustees or other similar body, who violates any provision of this article or permits or acquiesces in the violation of any provision of this article by any such corporation shall be guilty of a misdemeanor. Any person who becomes a member of any such corporation or association, or remains a member thereof, or attends a meeting thereof, with knowledge that such corporation or association has failed to comply with any provision of this article, shall be guilty of a misdemeanor. (Added by L. 1923, ch. 664, in effect May 22, 1923.)

§ 72. Term of imprisonment of civil prisoner.

Application. People ex rel. Wolfe v. Johnson (1920), 194 App. Div. 451, 185 N. Y. Supp. 452, revd. 230 N. Y. 256, 130 N. E. 286.

CIVIL SERVICE.

See also State civil service retirement law; Civil Service Law, §§ 50, 53, 61, 62, 64, 77-a. Compensation of State and municipal employees returning from military or naval duty; Military L., § 245, Subd. 3. State employees who entered service in World War without consent of Governor; Military L., § 245, Subd. 8.

L. 1918, ch. 414.-An act to create a State Commission to inquire into the subject of retirement pensions, allowances and annuities for state and municipal officers and employees and making an appropriation therefor.

§ 5. Report to governor and legislature. The commission shall on or before February first, nineteen hundred and twenty-two, report the result of its inquiry to the governor and legislature, including such proposed legislation as it may deem advisable. (Amended by L. 1919, ch. 22, L. 1920, ch. 4, and L. 1921, ch. 62, in effect March 9, 1921.)

L. 1921, ch. 568.-An act to provide a more uniform retirement plan for state employees, under the provision cf the New York state employees' retirement system, and to repeal certain acts and parts cf acts providing for other retirement systems.

§ 1. All state employees, except teachers in the State College for Teachers and the state normal schools and teachers in the State Agricultural and Industrial School who shall be considered as teachers subject to the provisions of article forty-three-b of the education law, and, except such state employees as are otherwise provided for by the insanity law and the prison law, who are included under the provisions of any law repealed by section six of this act, who elect to become members of the New

L. 1923, ch. 106.

Uniform retirement plan.

§§ 1-4.

York state employees' retirement system on or before January first, nineteen hundred and twenty-two, shall become members of such system and shall be subject to all the provisions of law relative to such system with. the exception that they shall be entitled to credit for prior service as defined by section fifty-three of article four of the civil service law, including service as a grand jury stenographer, up to and including July first, ninteen hundred and twenty-one. All teachers of the State Agricultural and Industrial School, who at present are members of the New York state employees' retirement system, are transferred, together with their accumulated contributions, from the New York state employees' retirement system to that of the New York state teachers' retirement system, and shall thereupon be subject to the provisions of the laws relating to the New York state teachers' retirement system. All teachers in the State Agricultural and Industrial School who were entitled to retirement under section ten hundred and ninety-five of the education law, as added by chapter four hundred and forty-one of the laws of nineteen hundred and ten, who have become or hereafter become members of the state teachers' retirement system as herein provided, shall be entitled to credit for the same service upon retirement under the laws relating to such system, as they would have been entitled to receive under the provisions of said section ten hundred and ninety-five of the education law.

All war veterans, now in state service, entitled to benefit under the provisions of section twenty-one-a of the civil service law or subdivision eight of section three of the public buildings law are also given the right to elect to become members of the New York state employees' retirement and to be covered by all of the provisions of the law relative (Amended by L. 1922, ch. 104 and L. 1923, ch. 106, in effect

system, thereto.

March 30, 1923.)

§ 2.

service

All contributions which have been made by employees in active on June thirtieth, nineteen hundred and twenty-one, who are included under the provisions of any law repealed by section six of this act, shall be returned to them and paid out of the funds accumulated under

such laws.

§ 3. The pensions of all pensioners drawing pensions under the provisions of any law repealed by section six of this act, on June thirtieth of the year in which such law is repealed by this act shall be continued and paid out of any funds accumulated under such law and not returned to employees as provided in section two of this act. The amount required in addition to continue the pensions of such pensioners shall be paid by the state of New York by annual appropriations made therefor from the general fund.

§4. Any cash or securities which may have been accumulated under the provisions of any law repealed by section six of this act which may be

§§ 5-7.

Uniform retirement plan.

L. 1923, ch. 532.

in excess of the amount required to make the payments directed by sections two and three of this act shall be credited and returned to the source from which they were derived.

§ 5. The comptroller of the state of New York is hereby directed, authorized and empowered to carry out the provisions of this act and all officers and employees of the state of New York having custody of any or all records of funds under the provisions of any act repealed by the provisions of section six of this act, are authorized and directed to deliver to said comptroller all or any records which he may request and to furnish such information relative thereto, as he may require in the discharge of his duty and, at such time or times, as the comptroller shall stipulate, they shall deliver to him or his authorized agent, all money, securities or other assets which may be in their possession or subject to their disposition on account of the laws hereby repealed.

§ 6. The following acts are hereby repealed: Chapter four hundred and forty-one of the laws of nineteen hundred and ten; chapter one hundred and eighty-five of the laws of nineteen hundred and thirteen; chapter five hundred and eleven, and section sixteen of chapter three hundred and sixty-nine of the laws of nineteen hundred and fourteen; chapters five hundred and fifty-seven and six hundred and fourteen of the laws of nineteen hundred and fifteen; chapter two hundred and twenty-one of the laws of nineteen hundred and nineteen; chapter seven hundred and ninety-four of the laws of nineteen hundred and twenty.

§ 7. Section six of this act shall take effect July first, nineteen hundred and twenty-one, except as to employees now covered by chapter four hundred and forty-one of the laws of nineteen hundred and ten, chapter six hundred and fourteen of the laws of nineteen hundred and fifteen, and as to these employees this act shall take effect July first, nineteen hundred and twenty-five, and except that payments of annuities and pensions, or both, for the fiscal year beginning July first, nineteen hundred and twenty-one, shall be paid as heretofore for said fiscal year, but in all other respects this act shall take effect immediately. Provided further that notwithstanding the provisions of this section and of section six hereof, the provisions of such chapter four hundred and forty-one of the laws of nineteen hundred and ten and of such chapter six hundred and fourteen of the laws of nineteen hundred and fifteen, so far as the same shall relate to the retirement of teachers employed in institutions for the deaf and dumb and the blind, receiving state pupils whose instruction and support are paid for by the state, the procedure for the retirement of such teachers, the amount of allowances to be paid to them on retirement and the time and manner of payment of such allowances, shall continue in full force and effect until such teachers are transferred to some other retirement system

L. 1922, ch. 269.

Permanent commission on pensions.

§§ 1-7.

and provision is made for their retirement and the payment of allowances to them. (Amended by L. 1923, ch. 532, in effect May 21, 1923.)

L. 1922, ch. 269.-An act to create a permanent commission on pensions, and to provide expenses therefor. (In effect March 25, 1922.)

§ 1. Commission created.-A state commission is hereby created consisting of five members, of whom one shall be the superintendent of insurance of the state of New York. As soon as practicable after this act takes effect, four members shall be appointed by the governor, one for a term of one year, one for a term of two years, one for a term of three years and one for a term of four years and at the expiration of each such term one shall be so appointed for a term of four years. Such commission shall inquire into the subject of retirement pensions, allowances and annuities for state and municipal officers and employees, especially with reference to the method of further establishing and maintaining the fund from which such pensions, allowances and annuities shall be paid. A vacancy occurring in the office of a member of such commission shall be filled for the unexpired term.

§ 2. Eligibility.-A member of the commission shall not be disqualified from holding any other office, state or municipal, nor forfeit the same by of his appointment under this act, notwithstanding the provisions of any city charter.

reason

§ 3. Powers of commission.-Such commission shall have power to subpoena and compel the attendance of public officers and employees, and to require the production of any or all books, records and papers under their care or control, to take and hear proofs and testimony and adopt rules for the conduct of its proceedings.

$4.

Officers and employees.-The commission shall select a chairman and vice chairman and a secretary from among its own members and may employ experts and other assistants as may be needed, in connection with the duties of the commission, and may fix their compensation, within amounts available therefor by appropriation.

§ 5. Expenses of commissioners.-The members of such commission shall receive no compensation for their services, but such members and the employees of the commission shall be paid their actual and necessary traveling, hotel and other expenses incurred in the discharge of their duties.

$6.

§ 6. Report to governor and legislature. The commission shall, from time to time, report the result of its inquiry to the governor and legislature, including such proposed legislation as it may deem advisable.

§ 7. The commission to inquire into the subject of pensions created pursuant to chapter four hundred and fourteen of the laws of nineteen

§§ 9, 11.

Classified city service.

L. 1923, ch. 177.

hundred and eighteen, as amended, shall immediately turn over all books, records papers and documents in its possession, to the commission created by this act.

§ 8 Appropriation.-Appropriates $5,000.

CIVIL SERVICE LAW.

(L. 1909, ch. 15.)

§ 9. Unclaimed service; classified service.

The rules fix no probationary term for positions in the exempt class.-Where the rule is silent and the probationary term is not fixed by the appointing officer at the time of making an appointment it may be fixed thereafter. Opinion of Attorney-General (1921), 25 State Dept. Rep. 674.

§ 11. The classified city service.-Subdivision 1. The mayor or other duly authorized appointing authority of each city in this state shall appoint and employ three suitable persons to prescribe, amend and enforce rules for the classification of the offices, places and employments in the classified service of said city, and for appointments and promotions therein and examinations therefor; and for the registration and selection of laborers. for employment therein, not inconsistent with the constitution and the provisions of this chapter. Such persons shall be municipal civil service commissioners and shall constitute the municipal civil service commission of such city. All appointments or deisgnations of municipal civil service commissioners shall be made in such manner that not more than twothirds of such commissioners in any city shall at any time be adherents of the same political party. On or before the first day of June, nineteen hundred and twenty-three, the mayor or other duly authorized appointing authority shall designate one member of the present municipal civil service commission to serve as a member of the commission until the first day of June, nineteen hundred and twenty-four; one until the first day of June, nineteen hundred and twenty-six, and one until the first day of June, nineteen hundred and twenty-eight. Upon the expiration of each of said terms, the term of office of each commissioner hereafter appointed shall be six years from the first day of June of the year in which he shall be appointed. If any such commissioners shall die or resign before the expiration of his term of office, his successor shall be appointed as herein provided for the unexpired term.

Subdivision 2. Such rules so prescribed and established, and all regulations in the appointment and promotion in the civil service of said cities. and any subsequent modification thereof, whether prescribed under the authority of a general law or of any special or local law, shall be valid and take effect only upon the approval of the mayor or other duly authorized appointing authority of the city and of the state civil service commission. The authority by this section conferred shall not be so exercised as to take from any policeman or fireman any right or benefit conferred by