V. In the department of church and school-Continued. The special teachers and assistant teachers, the station chemist. At the technical institutions The special teachers and assistant teachers employed at the Polytechnicum; also the assistant administrator, the assistant librarian, the mechanician, the pattern maker, the gardener, the assistant workman at the institution for testing material (mechanician), and the servants; the special teachers and assistant teachers employed at the building trades school (Baugewerkschule); also the janitor, the principal teachers at the technical schools for supplementary training (Fortbildungsschulen). [From Government Annual (Regierungsblatt) for the Kingdom of Wurttemberg, Stuttgart, 1876, p. 221-228.] Third section: Permanent retirement (Versetzung in den Ruhestand). I. THE CLAIM TO RETIREMENT SALARY. Article 29.-No claim to permanent retirement is accorded to officers appointed for life. On the other hand, the Government is authorized, on request of such an official (art. 34) or without his consent (art. 35 ff.), to order his retirement if the official either (1) Has completed the sixty-fifth year of life and by his age is hindered in his activity, or (2) Has been incapacitated for service by some bodily infirmity or by debility of his bodily or mental powers, or (3) Has been prevented by sickness for more than one year from attending to his office. In the event of permanent retirement an official shall have claim to a retirement salary for life (persion) from the exchequer of the State after completing nine years of service: Provided, however, That this retirement is not occasioned by an infirmity caused by his own fault. Article 30.-If the incapacity for service is due to sickness, bodily or other injury, brought upon the official in the exercise of his service or caused thereby without his own fault, he shall have claim to retirement pay for life even without preceding nine years of service. Article 31.-If, however, an official appointed for life is retired before the expiration of nine years of service, the Royal Government shall have authority to grant him from the exchequer of the State, instead of retirement pay, a benefit up to 40 per cent of his salary. Article 32.-The officials employed under quarterly notice or discharge at any time shall have no claim to retirement pay. If, however, one of these officials is incapacitated for service without his fault, he may be granted suitable benefit from the exchequer of the State according to the degree of his necessity. Article 33.-If the retired official has his official residence beyond the limits of the Kingdom the expense of his removal to the residence chosen by him within the Kingdom shall be paid to him. II. EVIDENCE OF INCAPACITY FOR SERVICE. Article 34.-As evidence of incapacity for service (art. 29, Nos. 1-3) of an official seeking retirement there shall be required the declaration of the official authority immediately superior to him that it considers the request well founded. To what extent other evidence shall be required or shall be deemed sufficient as opposed to the declaration of the immediately superior authority shall depend on the judgment of the authority which has decision as to the retirement. Article 35.-If an official to whom the reasons for retirement apply fails to ask for it, the superior authority shall inform him that his retirement is under consideration, stating the reasons therefor and the retirement salary to be allowed to him. If the official does not raise objections to this information within a term of six weeks the case shall be disposed of as if he had himself requested retirement. Article 36.-If objections are raised to the retirement, or if the information prescribed in article 35, subparagraph 1, can not be delivered to the official, the authorized ministry shall first decide whether proceedings are to be continued. In this event the official commissioned thereto by the ministry shall consider the facts in dispute, examine the necessary witnesses and experts under oath, and permit the official who is to be pensioned to attend the hearings. In conclusion, the official to be pensioned shall be heard concerning the result of the investigation with his declaration and motion. A sworn recorder shall attend the proceedings. The closed judicial acts shall be submitted to the ministry. The cash expenses of the eventually unsuccessful investigation, caused through the fault of the official under consideration, shall be charged to him. Article 37.-The involuntary retirement of judges can take place only if the highest court of justice (Landesgericht) shall have decided that the legal causes therefor exist. Article 38.-The decision as to whether and for what time the retirement of an official shall take effect, and what retirement salary shall be paid him, is made by royal order on motion of the authorized ministry, which, with reference to the latter point, shall secure the approval of the ministry of finance. III. COMPUTATION OF THE TIME OF SERVICE. Article 39.-The time of service to be considered in fixing the retirement salary shall be computed beginning with the day of appointment for life. To this shall be added, if there existed a previous appointment to a position on quarterly notice (Suppl. II of this law) or the nonstatutory (unständig) employment in the domestic state or school service of a candidate with certificate of fitness for higher state or school service or academic activity as private docent, the time of service passed in such position, respectively, in such employment or activity after completion of the twenty-fifth year of life. Article 40.-To the time of civil service there shall be added the time of active military service in the imperial army or navy, as well as the time of previous military service in one of the States belonging to the German Federation. If, however, participation in active military service takes place during the time of civil service, the double computation of the same period shall not be admissible. Time of service before the eighteenth year of life shall not be considered in the computation. Only the time of military service in a mobilized or in a reserve army corps in time of war shall be considered in the computation without regard to age. The time from the day of the order of mobilization followed by a war to the day of demobilization shall be considered as time of war in this respect. Article 41.-One year shall be added to the actual period of service of an official for each campaign in which he has served in the imperial army or navy or in the army of one of the States belonging to the German Federation in such a way that he actually came before the enemy or followed mobilized troops into the field or was on board of a ship or vessel of the imperial navy destined to be used against the enemy. ED 1904 M- -13 The provisions of the imperial law of March 31, 1873, concerning the legal status of imperial officials (§ 49, subpar. 2, and § 50a) shall apply here in equal measure. Article 42.-The time of service shall also include the time during which an official- (1) Has been in temporary quiescence with payment of Wartegeld; or (2) Has held a life appointment as imperial official; or (3) Has been in the service of the royal court or the chamber of the royal court domain with title to pension; or (4) Has held appointment in the domestic church or public school service or employed unofficially (unständig) in such service under the provisions for such service with title to its consideration in the computation of time of service; or, finally, (5) Has been in unofficial (unständig) employment or as obligated personal assistant of an official in the domestic (inländisch) state service or at an educational institution named in Appendix I of this law, after the completion of the thirtieth year of life and after passing a service examination, and in so far as the provision of article 39 does not apply to him. Article 43.-With the approval of the King, there may also be added for special reasons to the time of service entitled to pension the time during which the official (1) Has been in the service of another State of the German Federation or even of a State not belonging to the German Empire, in corporate or in private service; or (2) Has acted as attorney or as notary. Article 44.-On the other hand, in computing the time of service there shall not be considered the time which passed before loss of service on the part of an official who, at an earlier period, lost his office by criminal or disciplinary process and was reappointed later on. With the exclusion of this case, a preceding interruption of the state or school service shall not exclude the consideration of earlier years of service from computation of the service time entitling to pension on the part of the official. IV. AMOUNT OF RETIREMENT SALARY AND ITS PAYMENT. Article 45.-The basis for the computation of the amount of retirement salary is the salary drawn by the official during the last year before the day of his retirement. For an official in temporary quiescence with Wartegeld, in the event of his retirement, the retirement salary is computed on the salary drawn by him during the last year before the day of his temporary quiescence. Article 46.-If an official occupying several offices at the same time is relieved at the time of his retirement of only one or several of these, the provisions of article 16 shall be respectively applied. Article 47.-The retirement salary, with entrance upon the tenth year of service, as well as in the case of article 30, amounts to 40 per cent of the service salary. For each subsequent year of service, including the fortieth year, it shall be increased as follows: (1) By 1 per cent of the amount of the salary up to and including 2,400 marks. (2) By 14 per cent of the amount of the salary over 2,400 marks. In determining the retirement salary the King may appropriately consider distinguished merit. The highest amount of a retirement salary is fixed at 6,000 marks. In computing the annual amounts of retirement salaries the resulting pfennige shall be counted as a full mark. Article 48.-The retirement salary of a minister of state shall be 7,000 marks. These are as follows: § 49, subpar. 2. Whether a military enterprise in this respect shall be considered as a campaign and in how far with wars of longer duration several years shall enter into computation, shall be determined in each case by the Emperor. For the past the provisions made in the several States of the Federation concerning this matter shall continue in force. $ 50. In how far the time of imprisonment in a fortress or as a prisoner of war may enter shall be determined under the statutory provisions for the pensioning of military persons of the imperial army or navy. For the remaining members of the privy council the retirement salary shall be computed under the provisions of article 47. However, these shall have claim to retirement salary even if they have not entered upon the tenth year of service. Their retirement salary shall not exceed 6,000 marks, but also not fall below one-half of their service salaries, provided this half does not exceed 6,000 marks. Under special agreement the retirement salary of a minister of state may be fixed up to 9,000 marks, that of other members of the privy council up to twothirds of their service salaries within the limits of the maximum of 6,000 narks. This new provision shall apply also to agreements already entered into n such a way that a florin (gulden) shall be counted as 2 marks. Article 49.-Payments of retirement salaries shall be made monthly in dvance. Unless at the request or with the expressed consent of the official an earlier time has been fixed upon, payment of the service salary or Wartegeld shall cease and payment of the retirement salary begin with the end of the month after the month in which the decision as to permanent quiescence and the amount of the retirement salary shall have been communicated to the official. During this period the official shall continue in the performance of his official duties, unless he has been previously relieved thereof; eventual expenses for substitutes for teachers under articles 1 and 16 of the Law A of July 6, 1842, as well as the expenses of substitution in cases of sickness (art. 18, concluding paragraph) are to be paid. The payment of the full amount of retirement salary is not conditioned on residence in the native country (inland) on the part of the pensioner. V. CESSATION AND REDUCTION OF RETIREMENT SALARIES. Article 50.-A pensioner shall not be deprived of the right to make application for reappointment. Special attention shall be given to those officials who were retired for one of the reasons given under article 29, paragraph 2, Nos. 1 and 2, and who subsequently demonstrated their ability to serve. Such an official may be reinstated in the service also under the provisions of article 26. Article 51.-The claim to payment of retirement shall cease (1) If the pensioner is reinstated in the imperial service, in the state service, in the church or public school service, in a position entitled to pension, with a salary at least equal to his former salary; (2) If he declines reappointment in the home service (inländischen Dienst), article 50, paragraph 2; and (3) In the case of article 80, paragraph 2. Article 52.-The claim to retirement salary shall be suspended— (1) If, and as long as, a pensioner shall draw a service salary in the public service (compare art. 51, No. 1), in so far as the amount of this salary, in addition to the retirement salary, shall exceed the amount of the service salary drawn before retirement; (2) If a pensioner shall lose the German citizenship (Indigenat) until the eventual restoration of the same. The provision of No. 1 shall respectively apply if the pensioner draws a retirement salary on an appointment in another state or in the imperial service. Article 53.-Cessation of the retirement salary in the cases of article 51, Nos. 1 and 2, also reduction or restoration of the same in the cases of article 52, shall take effect with the beginning of the month following the event which has occasioned such change. In the cases of article 51, No. 3, the claim to the retirement salary shall cease when the sentence shall take effect. In the event of merely temporary reemployment in the public service on per diem pay or other remuneration the official shall retain his retirement salary without reduction for the first six full months of such employment, and the provision of article 52, No. 1, shall take effect only with the beginning of the seventh month. V. THE ROYAL UNIVERSITY OF SAXONY, AT LEIPZIG. 1. THE PENSIONING OF THE WIDOWS AND ORPHANS OF THE UNIVERSITY PROFESSORS. At the Royal University of Saxony, at Leipzig, there exists a general widows and orphans' fund," with the object of granting widows' and orphans' pensions to the widows and orphans of deceased ordinary, honorary, and extraordinary prof ssors of the university. Under the revised statutes of this fund, approved by the royal ministry of tus and public instruction, under date of April 29, 1892, the widow of an ordinary professor deceased as member of the fund receives a widow's pension of 1,800 marks; the widow of an ordinary honorary professor or of an extraordinary professor, a pension of 1,000 marks, or, if this is more, one-fifth of the salary drawn by the deceased as professor, including the value of free service residence, which for this purpose is computed at 600 marks annually. Each legitimate or legitimized child of the professor deceased as member receives as long as its own mother is living one-fifth, and after her death threetenths of the widow's pension. Grandchildren, illegitimate, adopted, and stepchildren of the deceased receive no pensions. In cases of exceptional necessity of the relicts of members the ministry of cultus and public instruction may, upon motion of the academic senate, grant them a pension exceeding the amount of the statutory pension by not more than one-fourth. Contributions to the widows and orphans' fund are not collected. Revised statutes of the general widows and orphans' fund of the University of Leipzig. § 1. There exists at the University of Leipzig a general widows and orphans' fund. The assets of this fund constitute an independent pia causa. Its administration is carried on by the department of accounts (rentant) gratuitously under the provisions agreed upon between the highest state authority and the university for the administration of the university funds, in so far as other provisions have not been expressly fixed. § 2. In order to meet the money requirements of this fund, the following capitals and revenues have been permanently assigned to it: 1. All the capitals and revenues of the treasury of the professors' widows' fund; 2. A capital of 10,300 marks, together with its interest, from the treasury of the widows' fund of the medical faculty; 3. The capital and revenues of the widows' fund of the college of small princes; 4. The Wenck legacy for the college of small princes; 5. The Wendler legacy for the widows' fund of the university; 6. The Boyberg legacy for the university; 7. From the Knaups Institution an annual fixed revenue of 3,000 marks; 8. From the alms fund a yearly fixed revenue of 800 marks; 9. The interest from the widows' fund of the faculty of jurisprudence; 10. The interest of the widows' fund of the philosophical faculty. § 3. In so far as the proper revenues of the general widows and orphans' fund are not sufficient to meet its requirements, the deficiency shall be contributed by the exchequer (Haupt Kasse) of the university. § 4. The interest of the capitals assigned to this fund, as well as all the revenues assigned to it, shall be applied exclusively to the pensions for the widows and orphans of the professors of the University of Leipzig in accordance with these statutes. The accounts division of the university shall annually submit the accounts to the academic senate and eventual admonition before delivery to the ministry. § 5. The general university widows' fund may accept advantageous gifts of all kinds. Such increase of its stock capital shall in no way affect capitals or revenues assigned to it from any other source. New institutions for pension purposes for the benefit of all the widows and |