« ForrigeFortsett »
who is fifty 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 house of correction for at least ten (10) years: And, provided, further, that this Act shall apply only to those employees who voluntarily accept and agree to comply with its provisions. Any employee on sick leave or leave of absence from such house of correction who has contributed to said pension fund, will be considered a member of said pension fund, and will be entitled to all benefits and annuities under this Act, while he or she remains on said sick leave or leave of absence from said house of correction: Provided the said employee does not take employment other than at such house of correction while on sick leave or leave of absence from such house of correction, and if said employee goes to work at employment other than at such house of correction while on said sick leave or leave of absence, from such house of correction, he or she will not be considered an employee of such house of correction, and will not be entitled to any benefits under this Act: And provided further, that any woman employee contributing to said pension fund, who marries and then takes a leave of absence for reasons other than sickness of self, will not be entitled to any benefits or annuities under this Act, while on such leave of absence, unless she is employed at least three (3) months of each year at such house of correction. Any employee, a part of whose salary may be set apart hereafter to provide for the fund created by this Act, may be released from the necessity of making further payments to said fund by filing a written notice of his or her desire to withdraw from complying with the provisions of this Act, with the board of trustees hereinafter mentioned, which resignation shall operate and go into effect immediately upon its receipt by said board of trustees. Any employee who has contributed to the said fund for three (3) years or more, and who shall be dismissed or resigned from the service of the said house of correction, may, upon application made within three (3) months, after such dismissal or resignation, receive one-half (1-2) of the total amount paid into said fund by such person so dismissed or resigned. Any person in the employ of the house of correction July 1st, 1911, shall be eligible to become a contributor to said pension fund, and shall be given credit for the time of his or her past service, upon the payment of two (2) per cent of the salary he or she has received while in such employment. § 3. The city treasurer, subject to the control and direction of the board of trustees hereinafter mentioned, shall be the custodian of said pension fund and shall secure and safely keep same and shall keep books and accounts concerning said fund in such manner as may be prescribed by said board of trustees, which said books and accounts shall always be subject to the inspection of said board of trustees, or any member thereof. The city treasurer shall within ten (10) days after his election or appointment, execute a bond to the city, with good and sufficient securities, in such penal sum as the said board of trustees shall direct, and shall be conditioned for the faithful performance of the duties of
said office, and that he will safely keep and well and truly account for all moneys belonging to said pension fund, and all interest thereon, which may come into his hands, as such treasurer, and on the expiration of his term of office, or upon his retirement therefrom for any cause, he will surrender and deliver over to his successor all unexpended moneys, with such interest as he may have received thereon, and all property which may come into his hands as treasurer of said pension fund. Such bond shall be filed in the office of the city clerk of said city for the use of said board of trustees, or any person or persons injured by such breach. § 4. The board of inspectors of any such house of correction, shall in the month of September immediately following the date of this Act going into effect arrange for the election of a board of trustees of said pension fund composed of five members to be chosen as hereinafter provided, which election shall be held not later than two (2) months after this Act goes into effect. The same [said] board of trustees shall have power, and it shall be its duty to administer said fund and to carry out the provisions of this Act for the purpose of enabling such board of trustees to perform the duties imposed and exercise the powers created by this Act, the board of trustees shall be and is hereby created a body politic and corporate, and said board of trustees may invest the accumulation of said funds in the government, State, county or municipal bonds, and the city treasurer shall be the custodian of said securities. § 5. The said board of trustees shall consist of the chairman of the board of inspectors and the superintendent of the house of correction, to [two) employees contributing to the fund and one member from the beneficiaries. The chairman of said board of inspectors and the superintendent of the house of correction shall be ea officio members of such board of trustees, and the three (3) other members of such board of trustees shall be elected by ballot, the two members of the contributors to be elected by the employees contributing to said fund at the time and for the terms respectively as follows: At the first election the contributors to the said fund shall elect one of their number to serve for the term of two (2) years and one of their number for the term of one (1) year, and annually thereafter said contributors shall elect one of their number to hold office for the term of two (2) years. At each election the beneficiaries shall elect one of their number to serve as a member of such board of trustees for a term of one year. And in case the beneficiary or beneficiaries be a child or children the guardian of such child or children may cast the votes to which such child or children may be entitled. § 6. Whenever any elective member of said board of trustees shall cease to be in the employ of or to be a member of said board of inspectors of said house of correction, or a beneficiary of the house of correction employees’ fund, his or her membership in said board of trustees shall cease. All vacancies in said board of trustees shall be filled by a ballot as aforesaid. Said board of trustees shall have power and it shall be its duty: 1. To make all payments from said pension fund pursuant to the provisions of this Act. -
2. To administer and invest, to purchase, hold, sell or assign and transfer any part of said pension fund remaining in the hands of said treasurer or any of the securities in which said fund, or any part thereof, may be invested, subject to, the approval of the majority of the contributors to said pension fund. 3. To pay all necessary expenses in connection with the administration of said fund and in carrying out the provisions of this Act for which provisions are not otherwise made. 4. To take by gift, or grant or bequest, or otherwise, any money or property of any kind and hold the same for the benefit of said fund. 5. To make and establish all such rules for the transaction of its business and such other rules, regulations and by-laws as may be necessary for the proper administration of said fund committed to its charge, and the performance of the duties imposed upon it. 6. To see that there is no restitution of deductions from salaries after the contributor shall have become eligible to an annuity under this Act. 7. To determine the amount to be paid as benefits or annuities on account of disability of any contributor, and to increase or reduce the same in its discretion: Provided, that no benefit or annuity shall exceed six hundred ($600.00) dollars per year. 8. It shall keep full and complete records of its meetings and of the receipts and disbursements on account of such fund, and also complete list of all contributors to said fund, and of all annuitants receiving benefits therefrom, and such other records as in its judgment shall seem necessary and shall make and publish annually a full and complete statement of its financial transactions. 9. Said board shall hear and determine all applications for benefits given under this Act, on account of disability and shall have power to suspend any annuity, given on account of disability whenever in its judgment the disability of beneficiary has ceased, or for other good cause, subject to the approval of the majority of the contributors to said pension fund. 10. Any contributor to said fund who shall have been in the service of said house of correction for a period of twenty (20) years, and shall have contributed to said fund for the same period, shall have the right to retire and become a beneficiary under this Act after July 1st, 1916, and receive a benefit or annuity, which shall be the sum of six hundred ($600.00) dollars per annum, for each and every beneficiary of said pension fund, the said annuity to be paid in equal monthly installments, and in case of insufficient funds in the treasury, the treasurer shall be empowered to pay to the beneficiaries a pro rata amount of the sum in the treasury, said pro rata amount to be divided equally among the beneficiaries entitled to the same. § 8. Upon the death of any contributor or any beneficiary who before becoming a beneficiary contributed to said fund the said board of trustees shall pay an annuity not to exceed six hundred ($600.00) dollars per annum, to be paid in equal monthly installments to the widow as long as she remains the same of such deceased contributor or beneficiary: Provided, she has been his wife five (5) years before his death, and if there is no widow eligible, said board of trustees shall pay said
annuity to the child or children of such deceased contributor or beneficiary, until such time as the youngest child shall reach the age of sixteen (16) years, if there be no widow eligible and no child or children eligible, the annuity shall be paid to the mother of such deceased contributor or beneficiary as long as she may live. § 9. Any person who has been an employee of said house of correction for a period of twenty (20) years or more and has contributed to said fund for a period of not less than twenty (20) years or shall pay into the fund the equivalent of twenty (20) years contribution thereto, consisting of two (2) per cent of the salary received from such house of correction, may retire from the service of said house of correction upon sixty (60) days’ notice, to be given to said board of trustees (unless such notice is waived by said board of trustees) and become an annuitant under this Act after July 1st, 1916. § 10. Any person who has contributed to said fund for a period of three (3) years or more may retire from the service of said house of correction on account of serious disability rendering him or her unable to properly discharge his or her duties, upon ninety (90) days' notice to be given to the board of trustees (unless such notice is waived by said board of trustees) and may become an annuitant under this Act, and thereupon be entitled to receive the annuity allowed by the board of trustees not to exceed six hundred ($600.00) dollars, until such time as he or she shall be able to properly discharge his or her duties or until death, when said board of trustees shall pay annuity hereinbefore provided not to exceed six hundred ($600.00) dollars per year to the widow (as long as she remains the same of such deceased contributor: Provided, she has been his wife five years previous to his death), to the child or children, or the mother of the deceased contributor as hereinbefore provided. § 11. No contributor shall receive any benefit from said fund on account of disability unless there be filed with the board of trustees of the fund a certificate of his or her disability which certificate shall be subscribed and sworn to by the house of correction physician (if there be one) and one practicing physician of the city where such house of correction is located. § 12. When any contributor to said fund, who, has been in the service of the house of correction for a period of twenty (20) years, has contributed to said fund for the same period and has retired and become a beneficiary under this Act, shall then marry, such wife of such marriage shall after his death receive no benefit nor annuity from said fund. Any widow or child or children receiving benefits or annuities under an “Act to provide for the setting apart, formation, and disbursement of a house of correction employees’ pension fund in cities having a population exceeding one hundred and fifty thousand (150,000) inhabitants,” approved and in force July 1st, 1911, will receive their benefits or annuities will be increased from four hundred and eighty [dollars] ($480.00) per year to not more than six hundred ($600.00) dollars per year.
The term “child” or “children” under this Act shall not include adopted child or children, nor shall it include a step-child or stepchildren of any contributor to aforesaid pension fund.
§ 13. The chairman of the board of inspectors and the superintendent of the house of correction shall certify monthly to the treasurer all amounts deducted in accordance with the provisions of this Act from the salaries paid by the house of correction, which amounts, as well as all other sums contributed to said fund under the provisions of this Act, shall be set apart and held by said treasurer for the purpose hereinbefore specified, subject to the order of said board of trustees and shall be paid out upon warrants signed by the president and secretary of said board of trustees.
§ 14. All annuities granted under the provisions of this Act shall be exempt from attachment and garnishment process and no annuitant shall have the right to transfer or assign his or her annuity either by way of mortgage or otherwise.
§ 15. Any person who shall directly or indirectly avoid or seek to avoid any or all the provisions of this Act, or shall directly or indirectly interfere with, or obstruct the enforcement of any of the provisions of this Act, shall be guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not less than fifty ($50.00) dollars, and not exceeding one thousand ($1,000.00) dollars, or by imprisonment in the county jail for a term not exceeding six (6) months, or both such fine or imprisonment in the discretion of the court.
This law shall take preference over all other laws and all laws and parts of laws which are inconsistent with this Act or any provisions hereof are hereby repealed.
APPROVED June 29th, 1915.
HUSBAND AND WIFE.
ABANDONMENT OF WIFE OR CHILDREN. § 1. Abandonment of wife or child—punishment. § 6. Evidence.
§ 2. Proceedings. § 7. Existing statutes not to apply—husband or wife competent witness.
§ 3. Temporary order for support. $ 8. Actions may be prosecuted during existence
§ 4. When fine imposed—to whom paid—order of of marriage relations. Court to P. sum periodically—release of desendant on probation. § 9. Actions may be prosecuted until child or children reach the age of 18 years. $ 5. Violation of order—forfeiture of recognizance. § 10. How offenses construed.
§ 11. Repeal.
AN ACT making it a misdemeanor for any person to neglect or refuse, without reasonable cause, to provide for the support or maintenance of his wife, said wife being in destitute or in necessitous circumstances, or, without lawful ercuse, to desert or neglect or refuse to provide for the support or maintenance of his or her child or children under the age of eighteen years in destitute or necessitous circumstances, to provide punishment for violation thereof and to provide for suspension of sentence and release upon probation in such cases. SECTION 1. Be it enacted by the People of the State of Illinois. represented in the General Assembly: That every person who shall, with