ACT 3568.

An act to provide for the change of name of school districts and the manner of making such change.

[Approved March 16, 1903.

Stats. 1903, p. 163.]

The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. Whenever a petition shall be presented to the board of supervisors, signed by at least fifteen qualified electors of said district, asking that the name of any school district be changed, the said board of supervisors shall designate a day upon which they will act upon such petition, which day must not be less than ten days nor more than forty days after the receipt thereof. The clerk of the said board of supervisors must give notice to all parties interested, by sending by registered mail to each of the trustees of such school district, a notice of the time set for the hearing of said petition, which notice must be mailed at least ten days before the day set for hearing, whereupon the board shall by resolution either grant or deny the petition, and if granted, the clerk shall notify the county superintendent of the change of the name of said district.

Sec. 2. This act shall take effect immediately.

ACT 3569.

An act to provide for the appointment and salary of a clerk in the office of the superintendent of public instruction, and to make an appropriation therefor. [Approved March 27, 1895. Stats. 1895, p. 238.] Section 1. The superintendent of public instruction may appoint an additional clerk, who shall be a stenographer, at a salary of twelve hundred dollars per year, payable in the same manner as the salaries of other civil officers of the state are paid.

Sec. 2. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of twenty-four hundred dollars, for the payment of said. clerk's salary for the forty-seventh and forty-eighth fiscal years, commencing July first, eighteen hundred and ninetyfive.

Sec. 3. This act shall take effect immediately

ACT 3570.

An act to create and administer a public school teachers' annuity and retirement fund in the several counties, and cities and counties of the state.

[Approved March 26, 1895. Stats. 1895, p. 170.]

Amended 1897, 225; 1901, 676; 1903, 271.

Section 1. The superintendent of public schools, or in consolidated cities and counties, the superintendent of common schools, the county treasurer, or in consolidated cities and counties, the city and county treasurer, and the chairman of the board of supervisors, or in consolidated cities and counties, the mayor, of each county, or consolidated city and county, and their successors in office, are hereby constituted a board of trustees of the publicschool teachers' annuity and retirement fund, to manage the same as hereinafter directed; said board shall be known as the public school teachers' retirement fund commissioners, and its members shall serve without extra compensation, and shall be liable on their official bonds for the performance of the duties imposed by this act. It shall be the duty of the district attorney of every county, or the city and county attorney of every consolidated city and county, to attend to all suits, matters, and things in which the said board of commissioners may be legally interested, and to give his advice or opinion, in writing. whenever required by said board. [Amendment approved March 29, 1897. Stats. 1897, p. 225. In effect immediately.]

Sec. 2. The public school teachers' retirement fund commissioners shall organize as such board by choosing one of their number as chairman, and one as secretary. The county treasurer, or in consolidated cities and counties, the city and county treasurer, shall be ex-officio treasurer of said retirement fund. Said board shall hold quarterly meetings on the third Saturday in January, April, July, and October of each year, at the office of the county superintendent of public schools, or, in consolidated cities and counties, at the office of the superintendent of common schools. It shall biennially, at its meeting in January, select from its members a chairman and a secretary. A majority of its members shall constitute a quorum for the transaction of business. It shall report annually to the board of supervisors of the county, or consolidated city

and county, the condition of said retirement fund, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund, and the amounts paid to each of them. [Amendment approved March 29, 1897. Stats. 1897, p. 225. In effect immediately.]

Old section 3 amended and renumbered section 8.

Sec. 3. Said board of public school teachers' retirement fund commissioners shall issue warrants, signed by its chairman and secretary, to the persons entitled thereto, for the amounts of money ordered paid to such persons from said fund by said board, stating therein for what purpose such payment is made, and the treasurer shall pay such warrants on presentation. Said board shall keep a record of all its proceedings, and said record shall be open to public inspection. It shall, at each quarterly meeting, make a list of all persons, if any, entitled to payment out of the funds provided by this act, and enter said list in a book to be kept by them for that purpose, to be known as the public school teachers' annuity and retirement fund book, which list shall be sworn to as correct by the chairman and the secretary of said board, and which shall be open to public inspection. [New section approved March 29, 1897. Stats. 1897, p. 226. In effect immediately.] Sec. 4. In addition to the powers herein before granted to said board, it shall have the power, (1) to provide for the payment of its necessary expenses, such as printing, stationery, and postage stamps; and where the number of those subject to the burdens of this act is greater than one hundred, it may employ a clerk at a salary not to exceed fifty (50) dollars per annum; and (2) to make such needful rules and regulations for the transaction of its business, from time to time, as may be necessary; the said expenses and the said clerk's salary shall be paid from the annuity fund in such counties or consolidated cities and counties, wherein there shall be "annuity funds," but, wherever there shall be no "annuity fund," the said expenses shall be paid from the "distribution fund," and the said salary from the reserve fund. [Amendment approved March 20, 1903. Stats. 1903, 271. In effect immediately.]

Sec. 5. Those subject to the burdens of this act in each county, or in each consolidated city and county, at a meeting called for the purpose by the superintendent of

public schools of such county or of such city and county, on the first Saturday in May following the creation of the fund hereinafter specified, shall elect by ballot five of their number, who shall constitute a committee on retirement; the members of said committee shall, immediately after their election, classify themselves by lot so that one shall serve for one year, two serve for two years, and two shall serve for three years; and, annually, at a meeting to be called in the same manner on the first Saturday in May of each year after the first meeting, the successor or successors of the member or members of said committee whose term of office is about to expire, shall be elected for a term of three years; provided, however, that said committee shall always consist of at least one class teacher from some primary school, one from some grammar school, and one from some high school in the county, or consolidated city and county, whenever such election is possible. In the event of a vacancy, the superintendent of schools shall appoint until the next annual election.

Within fifteen days after the taking effect of this amendatory act, the contributors to said fund in any county, or consolidated city and county, in this state, at a meeting called for that purpose, by the superintendent of public schools of such county, or consolidated city and county, (or if he neglects or refuses to call such meeting, then such meeting may be called by ten of such contributors.) may select and designate by resolution adopted by a majority vote of those present, which of the two alternatives presented in section 8 class two, in section 8 class six, in section 8 class seven, and in section 11, respectively, shall be followed in such county or consolidated city and county. In the event that no such meeting is called or held for the purpose of making such selection and designation, the said contributors in such county, or consolidated city and county, wherein no such meeting shall be held, will be deemed to have selected the first (marked subdivision "A") of each of the above mentioned alternatives.

In counties and consolidated cities and counties where a public school teachers' annuity and retirement fund shall be hereafter created the said selection and designation shall be made at the said meeting to be held on the first Saturday in May following the creation of said fund. After any selection and designation shall have been made, pur

suant to this section, no change shall ever be made thereafter in that connection. A certified copy of all resolutions adopted pursuant to this section shall be furnished by said meeting of said contributors to the board of public school teachers' retirement fund commissioners of such county or consolidated city and county. [Amendment approved March 20, 1903. Stats. 1903, p. 271. In effect immediately.]

Old section 6 amended and renumbered 10.

Sec. 6. The board of education of any incorporated city or town, and the board of trustees of any school districts outside of said city or town, shall refer all applications for retirement to said committee on retirement, or may, of its own motion, submit the name of any person or persons, whom it desires to have retired, to the said committee on retirement, and it shall thereupon be the duty of said committee to investigate the case and report to said board of education or board of trustees, whether or not said teacher should be retired, and the annuity to which said teacher is entitled, if entitled to any. At least three members of the said committee must concur in the report, if it be in favor of granting said annuity. This report of said committee shall be final. Said board of education, or board of trustees, shall thereupon certify and send this report to the public school teachers' retirement fund commissioners, who shall be bound by its decision. [New section approved March 29, 1897. Stats. 1897, p. 227. In effect immediately.] Old section 7 amended and renumbered 12.

Sec. 7. In addition to the powers heretofore granted to said committee on retirement, it shall have the power (1) to subpoena and compel witnesses to attend and testify before it on all matters relating to the operation of this act, and any member of said committee may administer an oath or affirmation to such witness in the form prescribed in courts of justice; (2) to make such rules and regulations for the transaction of its business as may from time to time be necessary. [New section approved March 29, 1897. Stats. 1897, p. 227. In effect immediately.] Old section 8 amended and renumbered 13.

Sec. 8. Any public school teacher or any occupant of one of the offices mentioned in subdivision four of section twelve of this act, who has been a contributor under