Page:United States Statutes at Large Volume 60 Part 1.djvu/904

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60 STAT.] 79TH CONG. , 2D SESS.-CH. 779-AUG. 7, 1946 the age of sixty-two years and is eligible for retirement under the pro- visions of this Act, may be retired by the Board of Education upon written recommendation of the Superintendent of Schools. Any teacher who shall have attained, or shall hereafter attain the age of seventy years, shall be retired unless upon written recommendation of the Superintendent of Schools two-thirds of the members of the Board of Education vote to retain such teacher in the public schools for the good of the service. No sum shall be paid to any teacher upon his retirement under the provisions of this section unless he shall have been employed as a teacher on active duty in the public schools of the District of Columbia for a total period of not less than ten years. SEC. 4. Any teacher to whom this Act applies who shall have served on active duty in the public schools of the District of Columbia for a total period of not less than ten years, and who, before becoming eligible for retirement under the conditions defined in the preceding sections hereof, becomes physically or mentally disabled and incapable of satisfactorily performing the duties of his position, by reason of disease or injury not due to vicious habits, intemperance, or willful misconduct on the part of the teacher, shall upon his own application or upon order of the Board of Education as provided later in this section be retired on an annuity computed in accordance with the pro- visions of section 5 and 6 hereof: Provided, That proof of freedom from vicious habits, intemperance, or willful misconduct for a period of more than five years next prior to becoming so disabled for useful and efficient service shall not be required in any case. No claim shall be allowed under the provisions of this section unless the application for retirement shall have been executed prior to the applicant's sepa- ration from the service or within six months thereafter. No teacher shall be retired under the provisions of this section unless examined under the direction of the Health Officer of the District of Columbia, and as a result of said examination, in his judgment, or in the judgment of the Superintendent of Schools concurred in by two-thirds of the members of the Board of Education, shall have been found to be physically or mentally incapacitated for efficient service. Every annuitant retired under the provisions of this section, unless the disability for which retired be permanent in character, shall at the expiration of one year from the date of such retirement and annually thereafter, until reaching retirement age as defined in section 3 hereof be examined under the direction of the Health Officer of the District of Columbia in order to ascertain the nature and degree of the annuitant's disability if any. If an annuitant shall recover before reaching retire- ment age he shall be reappointed by the Board of Education in accord- ance with such rules and regulations as the said Board may prescribe to the first position, equal or similar to any position in the public schools occupied by the annuitant before retirement, which becomes vacant after the date the Board of Education receives written notification from the Health Officer of the District of Columbia that the annuitant has recovered and is able to discharge his duties as a teacher in the public schools of the District of Columbia. Payment of the annuity shall be continued until the date of reappointment by the Board of Education. In the event that the annuitant refuses to accept the employment prescribed in this section no annuity shall be paid after the date of such refusal. Should the annuitant fail to appear for examination as required under this -section payment of the annuity shall be suspended until continuance of the disability shall have been satisfactorily established. Upon written recommendation of the Superintendent of Schools the Board of Education may order or direct at any time such medical or other examination as it shall deem neces- sary to determine the facts relative to the nature and degree of disability of any teacher retired on an annuity under this section. 877 Retirement at age 70. Minimum period of servioe. Disability. Application. Examination, Ann alexaminatm Roappolntmentj