!

nineteen hundred twenty-eight and as last amended by chapter six
hundred and seventy-one of the laws of nineteen hundred thirty-
five, is hereby amended to read as follows:

§ 1703-a. Credit for prior state or city-service. Notwithstand-
ing the provisions of section seventeen hundred and three, any
person now in city-service who is or who becomes a member of the
New York city employees' retirement system before July first,
nineteen hundred and thirty-six, shall be entitled to credit
for all prior service. If said member shall pay to the annuity
savings fund, installments as he shall elect, an amount equal to the
amount that would have been in the annuity savings fund to his
credit had he become a member on his first day of eligibility, he
shall further be entitled to credit for any additional city-service or
state-service rendered by him between his first date of eligibility to
membership in the New York city employees' retirement system
or the New York state employees' retirement system and the date
he became a member, provided such payments shall be made within
a period not greater than the number of months elapsed between
his first date of eligibility and the date of his membership. Upon
retirement of a member who has made such additional payments
on a pension based on length of service, such pension shall include
an allowance of one service fraction for each year of city-service or
state-service rendered during the period covered by the above
provided back payments in addition to an allowance of two service-
fractions above provided for each and every year of city-service
and state-service rendered prior to October first, nineteen hundred
twenty.

subd. 4.

§ 2. Subdivision four of section seventeen hundred and nine § 1709, of the Greater New York charter, as re-enacted by chapter four hun- amended. dred and sixty-six of the laws of nineteen hundred one, as added by chapter seven hundred and eighty-nine of the laws of nineteen hundred twenty-eight, and as last amended by chapter five hundred and forty-six of the laws of nineteen hundred thirty-one, is hereby amended to read as follows:

into service;

membership.

(4) Should a beneficiary receiving a retirement allowance under Re-entry of the provisions of subdivision two of this section or under section employee seventeen hundred and ten hereof, re-enter city-service, his retire- renewal of ment allowance shall cease. If under his minimum service retirement age, he shall, and if he has attained his minimum service retirement age but has not attained the age of seventy years, upon filing a duly executed and acknowledged application therefor within ninety days after the passage of this act or after his return to service, he may thereupon again become a member of the retirement system, the amount of his annuity reserve shall be transferred to his credit in the annuity savings fund, and he shall contribute to the said fund as if he were a new entrant. Upon his subsequent retirement, he shall be credited with all his service as a member subsequent to his last restoration to membership, and shall receive a retirement allowance therefor as if he were a new entrant, payable in such form as he shall select under section seventeen hundred

and twenty of this chapter. In lieu of suspension during restoration to city-service, of any benefit payable in the event of his death by reason of any optional selection in respect to his pension, a beneficiary may pay to the fund or funds from which his ordinary pension was payable, the amount by which his ordinary pension exceeded the optional pension heretofore granted to him, in which event such optional benefit shall continue and be payable in the event of his death as though no payments were suspended, and, in addition, upon his subsequent retirement, he shall receive the pension which he was receiving immediately prior to his last restoration.

§ 3. This act shall take effect immediately.

Claim of
L. D.
Casey:

CHAPTER 728

AN ACT to confer jurisdiction upon the industrial board of the state of New York to hear and determine the claim for compensation for permanent injury of Leo Daniel Casey as the result of an accident alleged to have been sustained by him while a member of the division of state police and engaged in the performance of his duty as such member, and to make an award therefor

Became a law May 27, 1936, with the approval of the Governor.

three-fifths being present

Passed,

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding the provisions of sections eighteen and twenty-eight of the workmen's compensation law, jurisdiction jurisdiction. is hereby conferred upon the industrial board of the state of New York to hear and determine the claim for compensation for permanent injury of Leo Daniel Casey, as the result of an accident alleged to have been sustained by him on the twenty-sixth day of October, nineteen hundred and thirty, while a member of the division of state police of the state of New York and engaged in the performance of his duty as such member.

Award.

Saving

clause.

§ 2. If the board shall find that such injury arose out of and in the course of such claimant's employment, without regard to fault as a cause of the injury, and that such injury was not solely occasioned by intoxication of the claimant while on duty or by willful intention on his part to bring about the injury or death of himself or another, it shall, after the appropriate proceedings, make an award of compensation to such claimant against the state insurance fund, computed in accordance with the provisions of the workmen's compensation law.

§ 3. Nothing herein contained shall be construed as passing upon the merits of such claim or as precluding the state insurance fund from interposing any defense thereto upon the merits.

§ 4. This act shall take effect immediately.

CHAPTER 729

AN ACT to amend chapter nineteen of the laws of nineteen hundred thirtyLive, entitled "An act declaring the existence of a public emergency, creating the mortgage commission of the state of New York, providing for its powers and duties and providing a method for the relief of distressed holders of mortgage investments," in relation to reimbursement for expenses, and intervention in court proceedings

Became a law May 27, 1936, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 19,

Section 1. Section twenty-four of chapter nineteen of the laws of L. 1935, nineteen hundred thirty-five, entitled "An act declaring the exist- $24. ence of a public emergency, creating the mortgage commission of amended. the state of New York, providing for its powers and duties and providing a method for the relief of distressed holders of mortgage investments," as last amended by chapter two hundred and ninety of the laws of nineteen hundred thirty-five, is hereby amended to read as follows:

of expenses.

Disburse

ments.

§ 24. Reimbursement for expenses. The commission shall allo- Allocation cate and charge to each property, bond or mortgage, or group thereof, such of its expenses incident to the exercise of any of its powers and such expenses as shall have been advanced by the superintendent of insurance or the superintendent of banks as it may determine are properly allocatable and chargeable to such property, bond or mortgage, or group thereof. All other expenses including the compensation of members of the commission, incident to the exercise of its powers by the commission shall constitute a charge against the moneys appropriated out of the general funds of the state. Allocatable and chargeable expenses shall include disbursements made by the commission and its subsidiaries and by the superintendent of insurance or the superintendent of banks, as well as an allowance to the commission and such of its subsidiary corporations as may be involved, of a sum sufficient reasonably to compensate it or them for any services, including legal services, rendered to such property, bond or mortgage, or group thereof, and also for the servicing of such property, bond or mortgage or group thereof, excepting therefrom compensation paid to the members of the commission. The commission may apply to the court at any time for an order confirming the Application allocation of such disbursements, and upon such application the court shall allow to the commission and such of its subsidiary corporations as may be involved such reasonable amount as shall compensate it and them for any services including legal services, rendered to such property, bond or mortgage, or group thereof, and also for the servicing of such property, bond or mortgage, or group thereof; such application shall be made upon such notice. as the court may direct, and the order of the court when entered

to court.

Costs on

shall be binding upon the commission and all holders of mortgage investments affected. Subject to any prior lien or charge imposed pursuant to subsection four of section five hereof, the commission shall have a lien or charge upon the property, bond or mortgage, or group thereof, affected thereby superior to the right or interest therein of all holders of mortgage investments affected thereby for the reimbursement and payment of its expenses and the expenses of the superintendent of insurance and the superintendent of banks and the allowance made by the court and shall reimburse and pay itself and the said superintendents out of any moneys which constitute the proceeds thereof.

In the event that the commission shall institute, intervene in, intervention. prosecute or take part in any action or proceeding referred to in section thirty hereof, the court may, upon application, grant to the commission or any of its subsidiaries or agents, a reasonable allowance for the services rendered by it or them in connection therewith, and payment thereof shall be made out of the funds of the guaranty corporation involved in such action or proceeding or in such other manner as the court may direct.

§ 30 amended.

This section shall apply to any property, bond or mortgage, or group thereof, which, upon the date of the application made pursuant to this section, is subject to the jurisdiction of the court, and which, on such date, or at any time prior thereto, is or was under the jurisdiction of the commission.

§ 2. Section thirty of such chapter is hereby amended to read as follows:

§ 30. Commission may institute and/or intervene in court proceedings. The commission upon its application shall be permitted to institute, intervene in, and prosecute, all actions or proceedings which involve the rehabilitation, reorganization, liquidation or foreclosure of mortgages, or in which demand is made for any other relief with reference thereto, or in any action or proceeding affecting the rights or interests of holders of mortgage investments growing out of misfeasance, malfeasance, or nonfeasance of any officer, director, agent, servant, employee or other person in connection with the issuance, sale, distribution or guarantee of any mortgage investment or the enforcement of the rights of the holders of mortgage investments thereunder and to intervene in any action or proceeding, involving the rehabilitation, reorganization or liquidation of any guaranty corporation.

§ 3. This act shall take effect immediately.

CHAPTER 730

AN ACT to amend the insurance law, in relation to exemptions from pro-
visions of such law of certain fraternal benefit organizations
Became a law May 26, 1936, with the approval of the Governor. Passed,
three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

amended.

Section 1. The opening paragraph of section two hundred and § 245, forty-five of chapter thirty-three of the laws of nineteen hundred opening par.. nine, entitled "An act in relation to insurance corporations, constituting chapter twenty-eight of the consolidated laws," as added by chapter one hundred and ninety-eight of the laws of nineteen hundred eleven and last amended by chapter nine hundred and fourteen of the laws of nineteen hundred thirty-five, is hereby amended to read as follows:

Nothing contained in this article shall be so construed as to Exemptions. affect or apply to grand or subordinate lodges of Masons, Odd Fellows, Knights of Pythias (exclusive of the insurance department of the Supreme Lodge, Knights of Pythias), the New York City Police Endowment Association, the Lieutenants' Benevolent Association, the Ordine Figli D'Italia in America, the Italian Barbers' Benevolent Society of New York, the Sons of Italy Grand Lodge, Inc., the American Sons of Italy, Inc., and the Knights of Pythias, Grand Lodge, State of New York, of North America, South America, Europe, Asia and Africa, Incorporated. § 2. This act shall take effect immediately.

CHAPTER 731

AN ACT to amend the real property law, in relation to risk of loss in executory contracts for the sale of real property

Became a law May 26, 1936, with the approval of the Governor. Passed, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

amended.

Section 1. Chapter fifty-two of the laws of nineteen hundred ch. 52. nine, entitled "An act relating to real property, constituting chapter fifty of the consolidated laws," is hereby amended by adding New thereto a new section, to be section two hundred and forty-a, to read added. as follows:

§ 240-a

construction;

§ 240-a. Uniform vendor and purchaser risk act. 1. Any contract Mandatory hereafter made for the purchase and sale or exchange of realty risk of shall be interpreted, unless the contract expressly provides other-loss in wise, as including an agreement that the parties shall have the contracts following rights and duties:

executory

for sale of land.