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have become extinct and therefore no longer defrays the entire costs of administration-its costs of administration
(a) From the annual contributions of the members;
(b) In so far as it may be necessary and proper, from the contributions of the academic fiscus not required wholly or in part by the older institute to the extent provided in § 20;
(c) From the reserve fund; and
(d) From the interest of the stock capital of the combined institute, in so far as this may not be required by the older institute. III. The reserve fund of the new institute shall consist
(a) of the entrance fees of the members of the new institute;
(b) Of the interest from its own capital;
(c) of the contributions of the academic fiscus vacated by the older institution and not reverting to the academic fiscus, and also not required for immediate pension payments by the new institute;
(d) of the interest of the stock capital of the combined institute, required
neither by the older nor by the new institute;
(e) of the surplus of the annual contributions of the members remaining in the course of a fiscal year.
And shall be applied
(a) For the payment of the pro nunc within the limits prescribed in § 12;
(b) For the payment of pensions without such limitation.
§ 22. Should it happen unexpectedly at some future time that-in addition to the payment of the continuing pensions incurred under the statutes of the older institute (§§ 3 and 18d)—the resources named in the previous paragraph should not be wholly sufficient to pay the widows and orphans' pensions due by the new institute, the stock capital shall not on this account be drawn upon; but, unless the highest patrons on the ground of respective university reports shall grant an extraordinary contribution from ready means of the academic fiscus, the respective additional sum required shall be assessed among the members of the Widows and Orphans' Pension Institute--with the exception of those who were already members of the older institute—in the proportion of their regular annual contributions and added to these contributions; and this assessment shall be paid by each member as long as it may be needed.
§ 23. The direction of the Widows and Orphans' Pension Institute shall be administered by the immediate commissioner (immediat-kommissar), appointed by the most serene patrons for the academic finance administration, and two curators to be elected by the academic senate, of whom always at least one shall be a member of the faculty of jurisprudence.
The directorship is a post of honor, which draws no pay.
§ 24. The directory shall appoint and obligate a cashier and accountant residing in Jena, who shall be domiciled there or furnish adequate bond. It shall be authorized to discharge him in its judgment, without further steps in case of unanimous decision, but under difference of opinion upon previous approval of the most serene patrons.
It shall, moreover, nominate a reviser, to be confirmed by the highest authority, who, however, shall not be subordinate to the directory, but coordinate, with only advisory vote.
§ 25. The accounts shall be closed annually on the 30th of September; submitted at the latest within four weeks to the two directors elected by the academic senate for revision and addition of a certificate as to proper deposition of the documents named in the account and as to the cash balance (§ 29) in excess of current needs; then transferred, through mediation of the academic commissioner of finance, to the reviser, who shall complete the revision and submission of the result also within four weeks.
§ 26. The accountant shall add to the account an abstract as to the condition of the institute, which after approval shall be furnished to all the members in copy and also transmitted to the interested high government authorities.
§ 27. The salary to be paid the accountant and all incidental expenses in revision fees, writing material, fees for copying, postage, etc., shall not in the aggregate exceed 100 thalers annually as a rule.
Expenses for lawsuits, eventual loss of capital or interest, or actual loss of agio (casu) shall not be included in these incidental expenses. Losses traceable to provable fault of the accountant shall be made good by him.
§ 28. With reference to care for investment and security of cash capital, for
punctual payment of interest, etc., every precaution and procedure shall be used which every good administration of accounts requires, and both the reviser and the directory shall pay very great attention to this. Arrearage of interest for more than one year shall not be permitted, or shall be placed at the risk of the accountant. No money shall be loaned out nor notice of recall given by the accountant without approval of the directory, and on notice of repayment on the part of debtors the accountant shall at once give notice thereof, with eventual proposals as to further investment.
§ 29. The documents of the Widows and Orphans' Pension Institute and cash amounts that can not be at once suitably put out on interest, but exceed by far the need for cash on hand, shall be kept in a special iron safe in the depository of the university, under triple lock of the accountant and the two curators elected by the academic senate.
$30. For the proper keeping of the deposits, as well as for the always correct list of the same, the three depositors named in the preceding paragraph are jointly and separately responsible to the academic fiscus, and can free themselves, therefrom only by proof, to be furnished by them, that eventual loss occurred without their fault.
IX. THE GRAND DUCAL UNIVERSITY OF MECKLENBURG, AT ROSTOCK.
PENSIONING OF THE WIDOWS AND ORPHANS OF TEACHERS AND OFFICIALS.
The pensioning of the widows and orphans of teachers and officials of the Grand Ducal University of Mecklenburg, at Rostock, is accomplished in the first place like that of all other civil officials of Mecklenburg, in accordance with the statutes, approved and promulgated under date of March 17, 1863, of the Widows' Institute for Civil and Military Officials, founded in the year 1797, in accordance with the decree of March 10, 1886, issued for the completion and modification of these statutes with regard to the pensioning of orphans.
Under these provisions the teachers and officials of the University of Rostock, in so far as they may be permanently appointed with a fixed service income of at least 100 thalers annually, like all other governmental civil officials, are obligated to take part in the said Widows' Institute, etc., and have to pay, in addition to a certificate fee and an entrance fee, a yearly contribution to the widows' fund, the amount of which is fixed in a special classification table, as a rule, at 16 per cent of the insured widow's pension, and amounts to 32 per cent of the insured widow's pension only for those members of the institute who, after retirement, have been married to a woman fifteen or more years younger. The amount of the widow's pension is fixed in said classification table (see below, p. 240).
The surviving legitimate children or children legitimized by subsequent marriage of a teacher or official of the university, belonging at the time of his death to the Widows' Institute, receive, if there is no widow entitled to the widow's pension insured by the member, orphans' pensions which amount for each child to one-third of the pension which was insured to the father for his eventual widow at the time of his death.
The orphans' pensions, in the presence of several orphans entitled to payment, can not exceed the widow's pension secured to the father in the event of his death; in applying this limitation the orphans' pensions are proportionately reduced.
Independent from this general provision on the part of the state for the widows and orphans of teachers and officials at the university, there exists at the University of Rostock, in the first place founded in the year 1793, the widows' fund of the Rostock professors, which pursues the object of providing for the widows of the ordinary and extraordinary professors of the university a widow's pension amounting now to 500 marks annually.
Accession to this widows' fund is voluntary.
As entrance fee, each professor who wishes to join this fund has to pay 52.50 marks, and in current contributions each member has to pay annually 21 marks.
In addition to this there was founded, furthermore, in the year 1872 a university orphans' fund, which is intended for the support of surviving orphans of
ordinary and extraordinary professors, docents, and officials at the University of Rostock.
Accession to this fund, too, is voluntary. Each member pays from the time of his accession a yearly contribution of 16 marks.
Entitled to support from the orphans' fund are in the first place the fatherless and motherless orphans of members of the university who until their death had been members of the orphans' fund. Only fatherless orphans shall be (further?) entitled if after adequate consideration of the fatherless and motherless orphans the fund shall permit it.
The amount of the pensions is determined by the existing resources whien, after deduction of the expenses of administration, must be applied exclusively to the object of the institution. The maximum of the pension to be paid to a single claimant is, however, fixed at 300 marks.
For the support of fatherless and motherless and also merely fatherless orphans in need of assistance, of ordinary and extraordinary professors actually appointed with salary at the university and deceased in full official activity, and for the support of such orphans left by the academic music teacher, there exists finally at the University of Rostock the Carl Friedrich von Both orphans' pension fund, which was founded by testamentary provision of vice-chancellor privy councilor Carl Friedrich von Both, and from the interest of which the said pensions are to be allowed according to the judgment of a committee of the plenary council intrusted with the administration of the fund.
THE WIDOWS' INSTITUTE FOR CIVIL AND MILITARY OFFICIALS.
The statutes of the Widows' Institute for Civil and Military Officials, of the widows' fund of Rostock professors, and of the university orphans' fund, as well as the regulations of the Carl Friedrich von Both orphans' pension fund, are as follows:
1. Statutes of the Widows' Institute for Civil and Military Officials of March 17, 1863.
FIRST SECTION: THE NATURE AND OBJECT OF THE WIDOWS' INSTITUTE, AND THE PROPERTY AND RECEIPTS THEREOF.
§ 1. The widows' institute, etc., established in 1797 and existing at present, is an individual institution, endowed with a juridical personality and the privileges of charitable institutions, with property of its own and its own administration. Its object is to provide for the widows of government officials adequate support for their livelihood.
§ 2. The capital property accumulated and eventually to be accumulated in future for attaining and insuring the object of the institute is and shall be placed in a government fund on interest at 4 per cent, but shall never be drawn upon or reduced, especially not for the defraying of the expenses of the widows' institute.
§ 3. For the payment of the expenses of the institute there are available, in addition to extraordinary assessments, the interest of the property in capital, the payments to be made by the members of the institute and the contributions from the government.
§ 4. From the government exchequer there shall be paid to the widows' institute the contribution granted in 1846 annually of 11,666 thalers 32 florins, and besides, if in future and as long as the means assigned for the payment of the expenses of the institute should not be sufficient, an extraordinary supplementary amount, adequate to the requirement, and to be fixed in each and for that year separately.
§ 5. The institute, as a juridical person, is competent to receive gifts by testamentary provisions, by donations, or by other legal title.
SECOND SECTION: ABOUT MEMBERS OF THE WIDOWS' INSTITUTE AND THEIR RECEPTION OF A DEFINITE WIDOWS' PENSION.
§ 6. All civil and military government officials who have been appointed permanently and with a fixed service income of at least 100 thalers annually, either by His Royal Highness the Grand Duke of Mecklenburg-Schwerin or by subordinate government officers by virtue of the authority granted them, shall be entitled
and obligated to take part in the widows' institute, etc., in so far as they may not have been assigned or shall not hereafter be assigned to the Widows' Institute for Preachers and School-teachers.
Excluded from this widows' institute, therefore, are:
1. All those who are appointed without service income or who are only by way of commission or transitorily intrusted with the administration of an office;
2. The so-called workmen (hof ouvriers);
3. The artists accepted by the grand ducal court administration with fixed salary, but who have not received an actual appointment signed by the sovereign; and
4. All noncommissioned officers.
§ 7. The permanently appointed servants, with a fixed service income, of the members of the grand ducal family shall occupy the same position with government officials with reference to participation in the widows' institute.
1. The attendants of the princesses of Mecklenburg-Schwerin who are married abroad are excluded from the widows' institute; and
2. Of the attendants of the princes of Mecklenburg-Schwerin who reside chiefly abroad, only those are entitled and obligated to entrance into the widows' institute who are subjects of Mecklenburg-Schwerin.
§ 8. Furthermore, those members and subalterns of offices not belonging wholly to the home government of Mecklenburg-Schwerin who received their appointment not from His Royal Highness the Grand Duke of MecklenburgSchwerin or from one of his subordinate offices are entitled and obligated to participation in the widows' institute in so far as their admission has been or shall be ordered by special governmental decree.
§ 9. The admission into the widows' institute shall be made on a definite widows' pension, which shall be insured to the widows of the admitted members. The amounts of the widows' pensions are fixed by the classification table in Appendix A. The admission under this classification table shall depend only on the service income personally allowed to each individual official without regard to other receipts eventually connected with the position.
Consequently, whenever a member is promoted to a higher service income, connected according to the classification table with a widow's pension higher than the one on which he had heretofore been admitted, a renewed, correspondingly higher admission shall take place.
Similarly, if an official after his admission is reduced to a salary with which the classification table connects a lower widow's pension a renewed reception on this lower widow's pension shall be made, unless the member of the institute shall declare expressly, before the administration (directory) shall have ordered the change of reception, that he wishes to keep the widow's pension heretofore insured.
§ 10. Receptions on widows' pensions other than those fixed in the classification table according to service income shall be wholly excluded, with the single exception that those officials who, according to the classification table, are entitled to a widow's pension of only 30 thalers, may be admitted on a widow's pension of 50 thalers if they request this of the administration (directory) of the widows' institute before their reception shall have been ordered.
§ 11. In the service income for the purpose of reception in the widows' institute shall be included all receipts which are allowed him as salary with the office to which he has been appointed by the government or under §§ 7 and 8. If an official shall be appointed to several such offices, the aggregate income from them shall be computed.
Moreover, it shall make no difference whether the income shall consist of cash salary, emoluments in kind, or fees. Emoluments in kind and fees shall be computed in the amount in which they shall have been computed in the salary of the official, and in cases in which this is not feasible, according to the average yield of the last five years or in accordance with a fair estimate.
On the other hand, in determining the service income for admission to the widows' institute, there shall not be counted compensation for the administration of an office conferred only provisionally or for a fixed time representation pay, compensation for official expenses, remunerations and rewards for special services, gratifications and increments of salary for a previously limited time.
The scale in Appendix A of the decree of March 10, 1886 (see below, p. 240), has taken the place of this Appendix A.
§ 12. For the computation and determination of the service income the office shall be competent by which the appointment of the respective official is made or which shall be ordered thereto by special decree.
In cases of reception under § 8, however, the grand ducal ministry placed over the bureau to which the respective member belongs shall determine the service income.
§ 13. The administration (directory) of the widows' institute, if it should have doubts as to the reported determination of the service income, may request further investigation by the respective bureau as well as eventually by the office placed over this.
The officials, too, who may consider themselves injured by the reported determination of their service income for reception in the widows' institute shall within the first four weeks after receiving the certificate of admission, be entitled to appeal, eventually to complaint, before the eventual higher authority.
§ 14. Reception into the widows' institute, as well as later renewed receptions due to increase or decrease of salary, shall be ordered immediately after appointment or increase or decrease of salary, respectively, and for the beginning of the Easter, summer, fall, or Christmas quarters.
§ 15. The authorities charged with the computation and determination of the service income (§ 12) shall report without delay to the administration (directory) of the widows' institute each permanent new appointment under its control stating the established service income, as well as every change of income, for the purpose of statutory reception. Similarly, every change of service and residence of the members of the institute, as well as every eventual retirement and every dismissal and discharge, shall be reported.
The officials, too, who are obligated to entrance in the widows' institute or who, because of increase of salary, are to be received again, shall be obligedif they have not received notice of their, respectively renewed, reception within the first three months after their appointment or increase of salary-to give notice within the next three months.
§ 16. Concerning the accomplished reception into the widows' institute, as well as concerning each subsequent renewed reception, the members of the institute shall receive a certificate of reception of the form in Appendix B.
A printed copy of these statutes shall be inclosed with the certificate of reception to be issued on reception into the widows' institute.
§ 17. Members of the widows' institute shall not be allowed to withdraw of their free will from the widows' institute as long as they shall be in the service of the state or in a service which fits them for reception under §§ 7 and 8 of these statutes.
§ 18. Officials who shall be retired with pension
1. Shall continue as members of the widows' institute if and as long as they shall be married, according to their free choice, to be made within six weeks after their retirement, on the widows' pension insured to them up to their retirement or on a widow's pension corresponding with the amount of their service pension according to the classification table.
2. Members of the institute who at the time of their retirement shall be unmarried may at their choice withdraw from the widows' institute or continue therein, but only on a widow's pension corresponding with their service pension.
3. Similarly, members of the institute who were married at the time of their retirement, but who subsequently shall have lost the wife by death or divorce, shall be at liberty to withdraw from the widows' institute. They may continue as members, but only on a widow's pension corresponding with their service pension.
4. Moreover, pensioned members of the institute who shall be married after their retirement shall notify the administration (directory) of the widows' institute within six weeks of their marriage, with submission of the certificate of birth of the wife.
§ 19. The members of the widows' institute who withdraw from the service voluntarily and without pension may preserve their connection with the widows' institute in the interest of their wives and during the life of the latter, respectively, until eventual divorce; but they shall notify the administration (directory) of the widows' institute of their intention in this respect within six weeks.
§ 20. Members of the widows' institute who are deprived of their office or dismissed on account of crimes committed by them, on account of misdemeanor of service, or for any other reason, shall thereby also be separated from the insti tute. Only if they shall have been in the service for at least ten years and shal