« ForrigeFortsett »
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 EMPLOYEFS, CITIES OVER 100,000, ACT OF 1911 AMENDED.
§ 1. Amends sections 1, 3 and 4, Act of 1911. § 3. As amended, provides when quarterly meetings held—officers—record of
§ 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 invested in special assessment bonds
—authorizes payment to employee
and mayor. separated srom 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 , of an Act to provide for the formation and disbursement of a pension fund in cities, villages and incorporated towns having a population erceeding 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 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), be and the same are hereby amended so as to read as follows: § 1. That hereafter in cities, villages and incorporated towns having a population exceeding 100,000 inhabitants, there shall be created, established and maintained a pension fund for municipal employees who are employed in such cities, villages and towns, 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: Provided, however, that the provisions of this Act shall not apply to temporary or probationary employees, nor to employees who are less than twenty-one years of age, nor to those defined as sixty-day employees by said Act, nor to any employee who is sixty or more years of age at the time this Act is in force and effect and who at said time has not been in the service of such city, village or town for at least ten years, nor to any employee of such city, village or town now or hereafter participating in any other municipal pension fund. Nor to laborers, unless any such laborer shall within six months after this Act shall be in force and effect, or in the event that any such laborer is not now in the employ of such city, village or town, within six months after such laborer shall enter the service of such city, village or town, give written notice of his election to the board of trustees of said fund of his desire to participate in the benefits hereunder. Said fund shall consist of amounts of two dollars a month retained or deducted by the comptroller of such city, village or town from the salaries or wages of each employee and such other sums as are hereinafter referred to: Provided, however, that if the name of any such employee shall not appear upon the payroll of the department in which he or she is employed by reason of leave of absence, sickness, lack of work, or any other good and sufficient cause, making a deduction impossible, such employee may retain his or her rights under this Act by paying two dollars each month to the treasurer of such city, village or town for the benefit of said fund, during his or her temporary absence from the service. In computing the duration of service of each employee, the time during which he or she may have been absent from duty during his or her entire term of service, for any cause other than suspension or discharge, shall be included. There shall be set apart annually for a period of two years beginning with the year 1916, by such cities, villages and towns, from the revenue collected or received by such cities, villages and towns from licenses issued by such cities, villages and towns authorizing persons and corporations to engage in any business, profession or occupation within the corporate limits of such cities, villages and towns, excepting public utilities, a sum equal to the amounts deducted from the salaries or wages of the aforesaid employees during the preceding fiscal year. Such sums so set apart by such cities, villages and towns shall be paid by the official or officials of such cities, villages and towns to the treasurer of the pension fund hereby created, on or before the third Tuesday in August of each year. And at the time of the payment of such moneys, said official or officials shall make a sworn statement to the board of trustees of said pension fund and to the mayor of such city or cities, or the president of the board of trustees of such villages and towns of all moneys received and paid out by such official or officials on account of said pension fund during the year and any such official or officials shall at any and all times, upon demand by said pension board, furnish to said board a statement or information of any kind relative to said official’s or officials’ method of collecting or handling of said pension funds, and all books and records of such official or officials shall be produced at any time by said official or officials for examination and inspection by said board of pension trustees, for the purposes herein provided. § 3. The board herein provided for shall hold quarterly meetings on the third Tuesday of July, October, January and April of each year, and special meetings upon the call of the president of said board. On the third Tuesday in October in each year, it shall select one of its members who shall act as president of such board for a period of one year, or until such time as his successor is elected and qualified. Said board shall, on the same day, also select one of its members who shall act as secretaly of said board for a period of one year, or until such time as his successor is elected and qualified. Said board shall issue certificates signed by its president and secretary to the employee entitled thereto, of the amount of money ordered paid to such employee from said fund by said board, which certificate shall state for what purpose said payment is made. Said board shall keep a record of the proceedings of all of its meetings, which record shall be a public record, and shall submit semi-annually to the board of trustees of such village or town, or the city council of such city, a list of persons entitled to payments from the fund herein provided, stating the amount of such payments and for what granted as ordered by such board, which list shall be signed and certified by the treasurer of such city, village or town, and president of such board and attested by such treasurer under oath: Provided, that no resolution shall be passed or order made for the payment of money unless by affirmative vote of a majority of the members of said board. § 4. Said board shall have the power, and it shall be its duty: First: To authorize all payments from said pension fund pursuant to the provisions of this Act, which shall include all pensions to beneficiaries of said fund, at a rate of fifty dollars per month, and all necessary expenses incurred in the administration of said fund: Provided, that no compensation or emolument shall be paid to any member of said board for any duty required or performed under this Act: And provided, further, that the chief legal adviser of said city, village or town shall be the legal adviser of said board. Second: To hear and determine all applications for pensions under this Act and to suspend the payment of pensions when disability ceases. Third: To audit the accounts pertaining to said fund at least four times annually.