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§ 2. The treasurer, clerk, marshal or chief officer of the fire department and the comptroller of such city, village or incorporated town and three other persons who shall be chosen from the active firemen of such city, village or incorporated town and one other person who shall be chosen from the firemen who have been duly retired under this Act shall constitute and be a board by the name of the “Board of Trustees of the Firemen’s Pension Fund.” The members of this board to be chosen from the active firemen shall be elected by ballot at a biannual election, at which election all active firemen of said city, village or incorporated town, shall be entitled to vote: Provided that in any city, village or incorporated town where there is no comptroller appointed or elected, that the mayor of such city, village or incorporated town shall be a member of such board and the members of said board to be chosen from among the firemen who have been duly retired or pensioned, as aforesaid, shall be elected by ballot at a biannual election, at which last mentioned election all retired firemen shall be entitled to vote.
The election or elections in this section provided for shall be held biannually on the third Monday in April under the Australian ballot system, at such place or places, in such city, village or incorporated town, under such regulations as shall be prescribed by the members of this board: Provided, however, that no person entitled to vote under the provisions of this section shall cast more than one vote at any such election. In the event of the failure, resignation, or inability to act of any member of said board elected under the provisions of this section, the successor to such member shall be elected at a special election which shall be called by said board and shall be conducted in the same manner as the biannual election hereunder. The said board shall elect from their number a president and secretary, provided that in villages or incorporated towns, the board of trustees of the firemen’s pension fund shall consist of the president of the board of trustees, the town clerk, the town or village attorney, the chief officer of the fire department and three other persons who shall be chosen biannually from among the active firemen. The three members of said board to be chosen from the active firemen of said village or incorporated town and the member of said board to be chosen from the retired firemen shall be elected in the manner provided for in this section for the election of such member in cities.
§ 3. The said board shall have exclusive control and management of the fund mentioned in the first section of this Act, and of all money donated, paid, assessed or provided by law for the relief or pensioning of disabled, superannuated and retired firemen, their widows, minor children and dependent parents, and shall assess each fireman, not to exceed one (1) per centum of the salary of such fireman, to be deducted and withheld from the monthly pay of each fireman so assessed, the same together with all interest accrued or accruing thereon, to be placed by the treasurer of such city, village or incorporated town, who shall be er officio treasurer of such board, to the credit of such fund, subject to the order of such board. The said board shall make all needful rules and regulations for its government in the discharge of its duties, and shall hear and decide all applications for relief or
pensions under this Act, and its decisions on such applications shall be final and conclusive, and not subject to review or reversal except by the board. The board shall have the power to provide for the payment from said fund of all moneys which may be necessary for the expenses of the board. The board shall cause to be kept a record of all its meetings and proceedings. § 4. All rewards in moneys, fees, gifts and emoluments that may be paid or given for or on account of extraordinary services by the fire department or any member thereof (except when allowed to be retained by competitive award), shall be paid into said pension fund. The said board of trustees may take by gift, grant, devise or bequest, any money, real estate, personal property or other valuable thing; and such money, real estate, personal property, right of property or other valuable thing so obtained, also all fines and penalties imposed upon firemen, shall in like manner be paid into said pension fund and treated as a part thereof, for the uses of such pension fund. The board of trustees created under this Act shall have the power to take and may sell or dispose of in any manner that said board, in its judgment, deems proper, any or all assets of any kind which are in the possession or under the control of any board of trustees of a firemen's pension fund, existing at the time of the passage of this Act and all money or funds realized from the sale of such assets together with all other money or funds received or taken over shall become a part of the fund herein created for the purpose of the payment of pensions under the provisions of this Act. § 5. If any fireman of any such city, village or incorporated town shall become and be so physically or mentally disabled as to render necessary his retirement from active service, said board of trustees shall order the payment to such disabled fireman, monthly from said pension fund, a sum equal to one-half the monthly compensation paid to such fireman as salary, at the date of his retirement. If, however, after placing a fireman upon the pension roll, satisfactory proof is made to the pension board that such retired fireman has recovered from such physical or mental disability, the board shall order that his pension cease and that said fireman report back to the marshal or chief of the fire department of such city, village or incorporated town, who shall thereupon order the reinstatement of such fireman in the active service, in the same rank or grade which such fireman held at the time of his retirement. § 6. If any fireman shall die from any cause while in the fire service or during retirement after twenty years’ service, as hereinafter provided, and shall leave a widow, minor natural child or children under sixteen years of age, or dependent natural father or mother surviving, said board of trustees shall direct the payment from such pension fund of the following sums monthly, to-wit: To such widow while unmarried, forty-five dollars ($45.00), to the guardian of any such child or children eight dollars ($8.00) for each of said children until it or they reach the age of sixteen years: Provided, however, that no pension shall be allowed to the widow of such deceased fireman or to the children of such widow who has married such fireman subsequent to the date of his retirement with the pension under the provision of this Act and subsequent to the date when this Act shall become effective. Where the wife of such deceased fireman shall have died prior or subsequent to the death of such fireman, leaving a minor child or children begotten by such fireman, the said board shall pay to the duly appointed guardian of such child or children, for their support and maintenance until it or they shall have reached the age of sixteen years, the sum of fifteen ($15.00) dollars per month to each. If the deceased fireman shall leave no widow or natural child or children surviving him, but shall leave a dependent natural father or mother, then said board of trustees shall direct the payment from said pension fund to such dependent father or mother, the sum of twenty-five ($25.00) dollars each monthly, provided it shall be proved that the deceased fireman at the time of his death was the sole and only support of such parent or parents. If at any time there shall not be sufficient money in such pension fund to pay each person entitled to the benefits thereof, the full amount per month as herein provided, then and in that event, an equal percentage of such monthly payments shall be paid to each beneficiary thereof until the said fund shall be replenished to warrant the payments in full to each of said beneficiaries. § 7. Any fireman of any such city, village or incorporated town, after having served twenty years or more as a fireman, of which the last two years shall be continuous, may make application to be retired from active service, or if, after having served twenty years, as aforesaid, he shall be discharged from such fire service, the said board of trustees shall order and direct that such fireman shall be paid a monthly pension equal to one-half the amount of salary attached to the rank which he may have held in such fire service at the date of his retirement or discharge; and the said board upon the recommendation of the fire marshal or the chief officer of the fire department, shall have the power to assign such fireman so retired to the performance of light duties in such fire service in case of extraordinary emergencies. After the decease of such fireman, his widow, minor natural child or children, under sixteen years of age, his dependent natural parent or parents, if any surviving him, shall be entitled to the pension provided for in this Act, but nothing in this or any other section of this Act shall warrant the payment of any annuity to any widow of a deceased fireman after she shall have remarried. § 8. The widow, orphans and dependent parents of deceased fireman, and all retired firemen who are now entitled to pension or annuity under the provisions of an Act entitled, “An Act to create a board of trustees of the firemen’s pension fund; to provide and distribute such fund for the pensioning of disabled firemen and the widows and minor children of deceased firemen; to authorize the retirement from service and pensioning of members of the fire department, and for other purposes connected therewith, in cities, villages or incorporated towns, whose population exceeds fifty thousand (50,000) inhabitants, having a paid fire department,” approved May 13, 1887, in force July 1, 1887, as subsequently amended, shall be entitled to the benefits, pensions and annuities provided for by this Act: Provided, such persons shall thereupon cease to receive pensions, relief or benefits under said Act approved May 13, 1887, in force July 1, 1887, as subsequently amended. § 9. The treasurer of the board shall be the custodian of said pension fund and shall secure and safely keep the same, subject to the control and direction of the board; and shall keep his books and accounts concerning said fund in such a manner as mav be prescribed by the board; and the said books and accounts shall always be subject to the inspection of the board or any member thereof. The treasurer shall, within ten days after his election or appointment, execute a bond to the city, village or incorporated town, with good and sufficient securities, in such penal sum as the board shall direct, to be approved by the board, conditioned for the faithful performance of the duties of his office, and that he will safely keep and well and truly account for all moneys and property which may come into his hands as such treasurer; and that on the expiration of his term of office he will surrender and deliver over to his successor all unexpended moneys and all property which may have come to his hands as treasurer of such fund. Such bond shall be filed in the office of the clerk of such city, village or incorporated town, and in case of a breach of the same, or the conditions thereof, suit may be brought on the same in the name of such city, village or incorporated town for the use of said board, or of any person or persons injured by such breach. § 10. It shall be the duty of the mayor or the president of the board of trustees and clerk, or the comptroller, if there be one, and the officer or officers of such city, village or incorporated town who are or may be authorized by law to draw warrants upon the treasurer of such city, village or incorporated town, upon request made in writing by said board, to draw warrants upon the treasurer of such city, village or incorporated town, payable to the treasurer of said board for all funds in the hands of the treasurer of such city, village or incorporated town belonging to said pension fund. § 11. All moneys ordered to be paid from said pension fund to any person or persons shall be paid by the treasurer of said board only upon warrants signed by the president of the board and countersigned by the secretary thereof; and no warrant shall be drawn except by order of the board duly entered in the records of the proceedings of the board. In case the said pension fund or any part thereof shall, by order of said board or otherwise, be deposited in any bank, or loaned, all interest or money which may be paid or agreed to be paid on account of any such loan or deposit, shall belong to and constitute a part of said fund: Provided, that nothing herein contained shall be construed as authorizing said treasurer to loan or deposit said fund or any part thereof, unless so authorized by the board. § 12. The board of trustees shall make report to the council of said city, village or incorporated town, of the condition of said pension fund and the amount of taxes necessary to be levied to carry out the provisions of this Act for the following fiscal year, on the first Monday of November in each and every year. § 13. No portion of said pension fund shall, either before or after its order of distribution by said board, to any retired fireman, or to the
widow or guardian of any minor child or children, or to the dependent parent or parents of a deceased fireman, be held, seized, taken, subject to, or detained or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or any process or proceeding whatever issued out of or by any court of this state for the payment or satisfaction in whole or in part of any debt, damages, claim, demand or judgment against any such fireman, or the widow or the guardian of any minor child or children or dependent parent or parents, of any deceased fireman; but the said fund shall be sacredly held, kept, secured and distributed for the purposes of pensioning the persons named in this Act and for no other purpose whatever.
§ 14. That an Act entitled, “An Act to create a board of trustees of the firemen's pension fund; to provide and distribute such fund for the pensioning of disabled firemen and the widows and minor children of deceased firemen; to authorize the retirement from service and pensioning of members of the fire department, and for other purposes connected therewith, in cities, villages or incorporated towns, whose population exceeds fifty thousand (50,000) inhabitants, having a paid fire department,” approved May 13, 1887, in force July 1, 1887, as subsequently amended, and all Acts or parts of Acts in conflict with the provisions hereof, be and the same are hereby repealed.
APPROVED June 29th, 1915.
PENSION FUND-MUNICIPAL EMPLOYEES. CITIES OVER 100,000, ACT OF 1911
f 1. Amends sections 1, 3 and 4, Act of 1911.
$ 3. As amended, provides when quarterly
meetings held-officers-record of 8 1. As amended, provides cities shall set
proceedings-certified list of persons apart annually for two years from
entitled to fund.
$ 4. As amended, provides fund may be of employees, to be paid into the
invested in special assessment bonds pension fund-statement to trustees
--authorizes payment to employee and mayor.
separated from service of city.before such employee shall have qualified for a pension. an amount equal to one-half of the amount deducted
from his salary and applied to fund. (HOUSE BILL No. 426. APPROVED JUNE 29, 1915.) An Act to amend sections 1, 3 and 4 of an Act to provide for the
formation and disbursement of a pension fund in cities, villages and incorporated towns having a population exceeding 100,000 inhabitants for municipal employees appointed to their positions under and by virtue of an Act entitled, “An Act to regulate the civil service of cities," approved and in force March 20, 1895, and for those who were appointed prior to the passage of said Act and who are now in the service of such city, village or town. (Approved May 31, 1911, in force July 1, 1911. L. 1911, p. 158.)
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 1, 3 and 4 of an Act to provide for the formation and disbursement of a pension fund in cities, villages and incorporated towns having a population exceeding 100,000 inhabitants for municipal employees appointed to their positions under and by virtue of an Act entitled, “An Act to regulate the civil service of cities," approved and in force March 20, 1895, and