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any other school within the city by the board of superintendents subject to the approval of the board of education; provided, however, that a teacher shall not be transferred from a school in one borough to a school in another borough without his or her consent. For all purposes affecting the appointment, promotion or transfer of the teachers in any school, the district superintendent assigned to the district in which such school is situated, the principal of such school and, in the case of transfer, the district superintendent and the principal of the school to which it is proposed to transfer a teacher, shall have seats in the board of superintendents, with votes on such propositions. The provisions of this section shall not be held to affect or impair the power of the several local school boards to transfer teachers from school to school within their respective districts, as hereinbefore provided. The nominations provided for above must be made from the list of properly certificated principals and teachers and other persons eligible for service in the positions to be filled, in the regular order of the standing of the candidates on said lists, provided, however, that the board of superintendents may consider for each appointment the three persons whose names are highest on the appropriate eligible lists. Existing eligible lists in The City of New York and the relative standing of persons whose names are on said lists shall not be affected by the passage of this act. The time within which said board of education shall finally act upon said nominations, either by appointing such principal or teacher or other officer or by rejecting such nominations, is hereby fixed at forty days from the filing of such recommendation in the office of the secretary of the board. The failure on the part of the board of education to confirm or to reject a nomination within the time prescribed herein shall be held as equivalent to the appointment of the principal or teacher nominated. In case of a failure or of repeated failures to appoint, other names shall be submitted to the board of education for its consideration within two weeks after each failure, until an appointment is made. In case of the consolidation of schools or of the discontinuance of any school, principals and teachers of good standing, who thereby may be deprived of employment, shall be preferred in appointments to be made in any of the schools of the city. Resignations of principals and teachers, and of all other members of the teaching staff, shall be made to the city superintendent.

BOARD OF EDUCATION; POWER TO FIX SALARIES; METHOD, REGULATING

Section 1091. The board of education shall have power to adopt by-laws fixing the salaries of all members of the supervising and the teaching staff; and the salaries of all principals and teachers shall be regulated by merit, grade of class taught, length of service, experience in teaching, or by a combination of these considerations. Such by-laws shall establish a uniform schedule of salaries for the supervising and the teaching staff throughout all

boroughs which schedule shall provide for an equal annual increment of salary of such an amount, that no kindergartner, or female teacher of girls' class other than those teaching grades of the last two years in the elementary schools shall, after sixteen years of service in said schools, receive less than twelve hundred and forty dollars per annum; and no female teacher of a girls' class of the grades of the last two years in said schools shall, after fifteen years of service in said schools, receive less than thirteen hundred and twenty dollars per annum; and no female teacher of a girls' graduating class, female first assistant, or female vice-principal, shall after ten years of service in said schools, receive less than fourteen hundred and forty dollars per annum; and no female teacher of a boys' or a mixed class shall receive less than sixty dollars per annum more than a female teacher of a girls' class of a corresponding grade and of years of service; and no female teacher in said elementary schools shall receive less than six hundred dollars per annum, nor shall the annual increment for any female teacher therein be less than forty dollars; and no male teacher of a class of the grades of the last two years in said schools, shall, after twelve years of service in said schools, receive less than twentyone hundred and sixty dollars per annum; and no male teacher of a graduating class, male first assistant, or male vice-principal shall, after ten years of service in said schools receive less than twenty-four hundred dollars per annum; and no male teacher in said elementary schools shall receive less than nine hundred dollars per annum, nor shall the annual increment for any male teacher therein be less than one hundred and five dollars; that no female head of department, or female assistant to the principal in said schools shall receive less than sixteen hundred dollars per annum after ten years service; and no male head of department or male assistant to the principal in said schools shall receive less than twenty-four hundred dollars per annum after ten years of service; that in high schools and training schools for teachers, no female junior or substitute teacher, female laboratory or library assistant, or female clerk, shall receive less than seven hundred dollars per annum, nor after six years of service as such, less than one thousand dollars per annum; no female model teacher shall receive less than one thousand dollars per annum, nor after five years of service as such, less than fifteen hundred dollars per annum; no female regular teacher in said schools shall receive less than eleven hundred dollars per annum, nor after ten years of service as such, less than nineteen hundred dollars per annum; no female head teacher, female assistant to the principal, female first assistant, or female vice-principal in said schools shall receive less than two thousand dollars per annum, nor after five years of service as such, less than twenty-five hundred dollars per annum; no male junior or substitute teacher, male laboratory or library assistant, or male clerk, shall receive less than nine hundred dollars per annum, nor after six years of service as such, less than twelve hundred dollars per annum; no

male regular teacher in said schools shall receive less than thirteen hundred dollars per annum, nor after ten years of service as such, less than twentyfour hundred dollars per annum; no male head teacher, male assistant to the principal, male first assistant, or male vice-principal in said schools, shall receive less than twenty-five hundred dollars per annum, nor after five years of service as such, less than three thousand dollars per annum; nor shall any of said persons therein receive a salary less than that to which by reason of experience such person would be entitled as a teacher of the aforesaid elementary schools; provided, however, that none of the aforesaid members of the supervising and the teaching staff of any of the elementary schools shall receive a salary greater than that fixed for the seventh year of service unless and until the service of any such member shall have been approved after inspection and investigation as fit and meritorious by a majority of the board of superintendents; that none of the aforesaid members of the supervising and the teaching staff of any of the elementary schools shall receive a salary greater than that fixed for the twelfth year of service, unless and until the service of any such member shall have been approved after inspection and investigation as fit and meritorious by a majority of the board of superintendents; that none of the aforesaid members of the supervising and the teaching staff of any of the high or training schools shall receive a salary greater than that fixed for the fourth year of service unless and until the service of any such member shall have been approved after inspection and investigation as fit and meritorious by a majority of the board of superintendents and that none of the aforesaid members of the supervising and the teaching staff of any of the high or training schools shall receive a salary greater than that fixed for the ninth year of service unless and until the service of any such member shall have been approved after inspection and investigation as fit and meritorious by a majority of the board of superintendents; and the board of superintendents shall approve or disapprove the service of the aforesaid members of the supervising and the teaching staff within forty days before the date on which said members shall, respectively, become eligible to the increase of salaries conditioned upon the approval of said service. For the purposes affecting such increases of salaries of said persons in any schools, the district superintendent assigned to the district in which such school is situated shall have a seat in the board of superintendents, with a vote on such fitness and merit; that no female branch principal or female principal of an elementary school having not less than twelve classes shall receive less than twenty-five hundred dollars per annum after ten years of service as such in said schools; and no male branch principal or male principal of an elementary or a high school having not less than twelve classes shall receive less than thirty-five hundred dollars per annum after ten years of service as such in said schools; and a principal of said schools shall receive

an equal annual increment of two hundred and fifty dollars; provided, however, that the service of such principal or branch principal shall have been approved after inspection and investigation as fit and meritorious by a majority of the board of superintendents; and no principal of a high school or training school for teachers having supervision of not less than twenty-five teachers therein shall receive less than five thousand dollars per annum. The board of examiners shall issue to a principal or a teacher who has had experience in schools other than the schools of The City of New York, a certificate stating that the experience of such teacher is equivalent to a certain number of years of experience in the schools of the said city. The board of examiners shall issue to a principal or teacher who has had experience in schools other than the high and training schools of The City of New York, a certificate stating that the experience of such teacher is equivalent to a certain number of years of experience in the high and training schools of the said city. Such certificates made by the board of examiners shall be final and conclusive on all matters pertaining to experience therein stated, and shall entitle their holders to salaries in accordance with the schedules of salaries established in conformity with this section, in like manner as though the years mentioned in such certificates had been served in those schools of The City of New York that are respectively mentioned in such certificates. No salary now paid to any member of the supervising and the teaching staff of any of the public schools in The City of New York shall be reduced by the operation of this section, and the aforesaid equal annual increment for each class or grade of the supervising and the teaching staff of said public schools shall be uniform throughout each class or grade, and each of said persons shall at once receive all the emolument in accordance with the above schedule of minimum salaries to which said person is entitled by reason of merit, of experience and of grade of class taught.

PUBLIC SCHOOL TEACHERS' RETIREMENT FUND

*Section 1092. The general care and management of the public school teachers' retirement fund, created for the former city of New York by chapter two hundred and ninety-six of the laws of eighteen hundred and ninety-four, and of the public school teachers' retirement fund created for the former city of Brooklyn, by chapter six hundred and fifty-six of the laws of eighteen hundred and ninety-five, is hereby given to the board of education, and the said funds are hereby made parts of the retirement fund of the board of education of The City of New York created by this act. The board of education shall, from time to time, establish such rules and regulations for the administration of said fund as it may deem best, which rules and regulations

*As amended by Chapter 530 of the Laws of 1902, Chapter 177 of the Laws of 1903, and Chapter 661 of the Laws of 1905.

shall preserve all rights inhering in the teachers of the city of New York and the city of Brooklyn as constituted prior to the passage of this act; and said board shall make payments from said fund of annuities granted in pursuance of this act. The comptroller of The City of New York shall hold and invest all money belonging to said fund and by direction of said board of education shall pay out the same; and he shall report in detail to the board of education of The City of New York, annually, in the month of January, the condition of said fund and the items of the receipts and disbursements on account of the same. The said retirement fund shall consist of the following, with the interest and income thereof: (1) All money, pay, compensation or salary, or any income thereof forfeited, deducted, reserved or withheld for any cause from any member or members of the teaching or supervising staff of the public day schools of The City of New York or of the normal college and training department of the normal college of The City of New York, or of schools or classes maintained in institutions controlled by the department of public charities or by the department of correction, in pursuance of rules established or to be established by the board of education, or by the board of trustees of the normal college of The City of New York, or by the commissioner of public charities, or by the commissioner of correction for schools or classes maintained by such commissioners respectively. The auditor of the board of education, the auditor of the board of trustees of the normal college, the commissioner of public charities and the commissioner of correction shall certify monthly to the comptroller the amounts so forfeited, deducted, reserved or withheld during the preceding month. Said amounts shall be turned into the said retirement fund. (2) All moneys received from donations, legacies, gifts, bequests, or otherwise for or on account of said fund. (3) Five per centum annually of all excise moneys or license fees belonging to The City of New York, and derived or received by any commissioner of excise or public officer from the granting of licenses or permission to sell strong or spirituous liquors, ale, wine, or beer in The City of New York, under the provisions of any law of this state authorizing the granting of such license or permission. (4) One per centum of the salaries of all members of the teaching and supervising staff of the public day schools of The City of New York, and of the normal college and training department of the normal college of The City of New York, and of schools or classes maintained in institutions controlled by the department of public charities or by the department of correction of The City of New York, except that the amount deducted from the salary of any teacher or principal of the public day schools of The City of New York or of schools or classes maintained in institutions controlled by the department of public charities or by the department of correction of The City of New York, in this manner, shall not exceed thirty dollars in any one year, and the

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