The Glasgow courier., 1916-02-11
TEACHERS PENSIONS.

TEACHERS PENSIONS.
Over 200 school teachers in Mon
tana who have been devoting their
lives to the proper training to the
youth of the state, but who failed to
elect to come under the retirement
fund law before January l, are affect
ed by an opinion by Attorney General
j. B. Poindexter, who recently held
that they are not barred from shar-
ing in the benefits of the act because
they neglected to make known their
intention prior to the first of the
year.
The opinion was given at the in
stance of State Superintendent H. A.
Davee. Attorney General Poindexter
points out that the law is binding up
on all teachers employed at the time
of the approval of the act, who shall
sign and deliver a notification to the
superintendent of public instruction,
or to county superintendents before
January 1.
"It does not, however," says the
opinion, "declare in express terms
that the act may not become binding
upon those who fail to 50 elect; yet,
under strict construction it might
be held to exclude those who fail to
elect within the time designated.
"But a strict construction Of this
provision of the law would manifest
ly be harsh and unconscionable, for
it would tend to defeat one of the
very objects sought to be accom-
plished, namely, to provide retire.
ment salary for all teachers then in
service who should devote rs years
of their lives, or at least Is years, if
they became incapacitated for fur
ther duty to educational pursuits, the
next ten years of which to be in serv-
ice in this state.
"As to every teacher the law is in
tended to operate justly and equit-
aably as to the payments into the pub
lie teachers permanent fund, for Sec
ton provides that no person shall
be eligible to receive the benefits of
the act who shall not have paid into
the proper fund an amount equal to
S12 for each year of service up to and
25 years, with certain pro-
visos not necessary here to consider.
"Under this section no discrimina-
ton is possible as between teachers
becoming subject to the law, provid-
ed, of course, that a reasonable con-
struction be placed upon section 16
of the act. That is to say, con-
struction which will permit teachers
employed when the law went into ef-
feet every opportunity to take ad-
vantage of the provisions of the act
within such reasonable time as may
seem just to the board. This the
board may and should do under the
powers conferred by section 10 of
the act"
The opinion states at the ouset that
the law is one having for it's purpose
the welfare of the large body of pub
lie teachers who are devoting their
lives to the proper training of the
'outh of the state. 1t is declaration
of legislative and consequently public
policy. 1t cannot be said, the opinion
goes on, that there was any intention
on the part of the trainers of this
law to make any of it's provisions
harsh, unjust or inequitable in their
practical operation.
There are in Montana about 5000
school teachers. At the first of the
year, DR.. H. H. Swain, secretary of
the teachers retirement fund board,
stated that not over 800 or 900 teach
ers had elected to come under the
law prior to January /, leaving 2100
to 2200 who, had it not been for the
Interpretation of the law, would have
failed to share in its benefits.