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4817 Est Fireman's Pension FundORDINANCE N0. 817 (Published in the Salina Journal 193 AN ORDINANCE relating to and creating a Firemen's Pension Fund and providing for the administration thereof* 4 BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. Pursuant to the provisions of Section 13-758 of the General Statutes of 1935 as amended by Chapter 128 Laws of 1937, there is hereby created a fund to be known as the "Firemen's Pension Fund" for the purpose of pensioning firemen and affording relief to members of the Fire Department of the City of Salina, Kansas, when sick or who may become disabled in the service or may be retired and for the relief of the family and other dependents of such fire- men in case of death under such rules and regulations as may be en- acted by the Board of Trustees of such fund as provided for in this ordinance and subject to the provisions of law. Section 2. That there is hereby created a Board to be known as the "Board of Trustees of the Firemen's Pension Fund", which Board shall consist of the Mayor, Chief of Fire Department, City Attorney l and two delegates at large from the Fire Department to be selected ! by the members thereof and who have been selected by the members of the Fire Department as follows: One delegate for a term of one year and one delegate for a term of two years from the first Monday in December 1937 thereafter on the first Monday in December of each year there shall be selected a delegate for a term of two years. The Board shall elect from the members a President and Secretary and the City Treasurer of said city shall be ex -officio Treasurer of said Board and shall have charge of the funds and securities of I such fund. Section 3• Pension fund kegt_se arate• trustees to serve without rays ;` Mvestm5­nt ofuVn 9 "hat the firemen'spensions—fid shall be kept and reserved as a separate fund and no P P P , part of the s fund shall be used for any purpose other than the payment of the amounts to become due as provided for in this act; and the trustees herein provided shall receive no compensation .for their services* The Board of Trustees of said fund are authorized and may invest up to seventy-five percent of said fund in United States government bonds, i or in bonds of the City by which it is created. Section 4• Persons entitled to receive death benefits: That if any officer or member of the Fire Department while in the performance of his duty be killed or injured or contracts a disease attributable to such performance so that death results therefrom, the Board of Trustees shall pay monthly to his widow, or if there be no widow, i, then to such of his children collectively so long as they are under 66 the age of eighteen years# a sum equal to fifty percent of the monthly salary or wages such officer or member is receiving at the time his .illness or injury occurred. Section 5. Retirement for permanent injury or disability or at ageTfm ; paymen 76 w1d"ow of deceased firemant That any member of a fire department within the provisions of this act who shall, while a member of such department and while engaged in the performance of his duties as a fireman, be permanently disabtled by reason of in- juries or illness resulting from the performance of his duties as a fireman, and upon an examination by a physician or physicians appointed by the Board of.Trustees and paid by same, be found to be physicially or mentally disabled as a result of such permanent In- jury or disability so as to render him unfit for the performance of his duties as a fireman, shall be entitled to be retired, and the Board of Trustees shall thereupon order his retirement and upon being retired shall be paid out of the firements pension fund of such city, monthly as long as such disability exists, a sum of: one half of the monthly salary at the date of his permanent injury or disability, and a physician or physicians -appointed by said Board of Trustees shall have the right to examine any such retired fireman at any time to determine his condition, and if it shall be determined upon such examination that such disability has ceased to exist, prior to the time that such retired fireman would otherwise be entitled to retire by reason of age and service, then the payments of such pension shall immediately cease. Section 6• Any officer or member of the fire department more than fifty years of age, and having served twenty years, or more in such fire department, of which the last two years shall have been continu- ous, or has been retired because of disability, may make application to the Board. of Trustees to be placed on the pension list and, upon such application being granted, the Board of Trustees shall pay monthly to such member so retired a sum equal to fifty percent of the salary or wages such officer or member was receiving at the time of his re- tirement or disability, and in the event of the death of such officer or member of the fire department, either while in service or while re- tired, leaving surviving hire a widow, such mont?:ly payment which such retired officer or member was receiving or would be entitled to at the time of his death shall be paid to her during the remainder of her life in the same manner as it was paid to such deceased officer or member of the fire department during his retirement; PROVIDED, that any widow of any officer or member of the fire department who shall become entitled to the pension under the provisions of this act shall be the wife of said pensioner at the time he is pensioned, or at the i time he is killed in service, and she shall forfeit all her rights under this act in case she remarries* Section ?• Pror_ ata payment where funds deficient: That if at any time there shall not be sufficient money in the fund created under the provisions of this act to pay such persons entitled to the benefits herein provided the full amount per month provided for in the said rules and regulations, then an equal percentage of such monthly payment shall be paid to each beneficiary until such fund shall have been replenished, so as to warrant the payment in full of each of said beneficiaries* Section 8 • How pens ions Raid; report by treasurer : That all persons paid and all moneys drawn from the pension fund under the provisions of this act shall be upon warrants signed by the President and Secretary of the Board of Trustees and approved by and appropriated from such fund by the Board of Commissioners of the City of Salina and such warrants shall designate the name of the person and the purpose for which payment is made. The treasurer of the Board of i Trustees shall prepare, annually, immediately after the first day f of January, a report of the receipts and expenditures for the year ending December 31 of the previous year, showing the money on hand, how invested, and all moneys received and paid out, which report I shall be filed with the City Clerk. Section 9• Payments inalienable. That all payments made, or to be made, as provided in this act, shall be absolutely in- alienable by any assignment, sale, execution or otherwise, and they shall not be subject to garnishment or attachment* i Section 10. Tax levy for fund; membership fees and dues; That there shall be levied annually at the time of the levy of other taxes for city purposes, a tax upon all taxable property within the limits of the City of Salina for the purpose of creating a Firemen's Pension i Fund as herein provided for a tax of 2/10 of one mill on the dollar, j provided that if at any time that fund shall reach the sum of $10,000 no additional tax shall be levied until the fund shall drop below that amount and the tax levy herein shall be in addition to all other levies authorized by law. All money derived from taxes so levied shall constitute a fund to be known as the "Firements Pension Fund" of the City of Salina, which fund shall be exclusively devoted to and for the purposes herein enumerated, Provided further, every member of the Fire Department of the City of Salina shall be regnired r.� 6 to pay to the Treasurer of said Board of Trustees of said fund a membership fee of $5.00 and shall also be required to pay to said Treasurer dues of at the rate of 1% of their monthly wages, which assessment shall be deducted from and paid in equal zhonthly install- ments out of his salary and no member of the Fire Department who shall fail to pay such membership fee or such dues shall be eligible to participate in or benefit by the fund hereby created by reason of any illness, injury or death occurring while such delinquency exists. Section.11. No member of the Fire Department nor the widow or dependents or any beneficiary of any such fireman who shall be participating from the Firemen's Pension Fund hereby created to the maximum extent provided for herein and in the Act pursuant to which this ordinance is adopted, shall be entitled to participate for the same purpose or on the same grounds or receive benefits from any other pension or relief fund which is provided for the relief of firemen and their dependents in the City of Salina, in- cluding the Firemen's Relief Association Fund of said city, it being the intention of this ordinance to provide only for the pay- ment of one pension or total payment of benefits not to exceed those provided for.in this ordinance to any such firemen or his dependents, and that the total payment of benefits and pension from this and other funds shall not exceed the maximum provided for in this ordinance. Section 12e This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced, December 14, 1937 Passed, December 27, 1937 _ Ed Morgenstern mayor Attest: Chas* E. Banker city er STATE OF KANSAS ) ) Ss COUNTY OF SALINE ) i, Chas. Ee Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 4817 passed and approved by the Board of Com- missioners of the City of Salina, December 27, 1937; and a record of the vote on its final adoption is found on page,���4 Journal No. 14, 7 pier (Published in the Salina Journal fi�J)L— J/ 1937 ) ORDIkiANCE N04A817 AN ORDINANCE relating to and creating a Firemen's Pension Fund and providing for the administration thereof• BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1• Pursuant to the provisions of Section 13.758 of the General Statutes of 1935 as amended by Chapter 128 Laws of 1937, there is hereby created a fund to be known as the "Firemen's Pension Fund" for the purpose of pensioning firemen and affording relief to members of the Fire Department of the City of Salina, Kansas, when sick or who may become disabled in the service or may be retired and for the relief of the family and other dependents of such firemen in case of death under such rules and regulations as may be enacted by the Board of Trustees of such fund as provided for in this ordinance and subject to the provisions of law* Section 2. That there is hereby created a Board to be known as the "Board of Trustees of the Firemen's Pension Fund".. which Board shall consist of the Mayor, Chief of Fire Department, City Attorney and two delegates at large from the Fire Department to be selected by the members thereof and who have been selected by the members of the Fire Department as follows: One delegate for a term of one year and one delegate for a term of two years from the first Monday in December 1937 thereafter on the first Monday in December of each year there shall be selected a delegate for a term of two years. The Board shall elect from the members a President and Secretary and the City Treasurer of said city shall be ex -officio Treasurer of said Board and shall have charge of the funds and securities of such fund* Sectiou 3�:1 * withow ion fund kept se arate• trustees to serve o e firemen's pensions shall be kept and preserved as a separate fund, and no part of the fund shall be used for any purpose other thanthe payment of the amounts to become due as provided for in this act; and the trustees herein provided shall receive no compensation for their services. The Board of Trustees of said fund are author- ised and may invest up to seventy-five percent of said fund in United States government bonds, or in bonds of the city by which It is created• Section 4• Persons entitled to receive death benefits: That if any officer or member of the Fire Department while in the per- formance of his duty be killed or injured or contracts a disease attributable to such performance so that death results therefrom, the Board of Trustees shall pay monthly to his widow, or if there be no widow, then to such of his children collectively so long as they are under the age of eighteen years, a sum equal to fifty percent of the monthly salary or wages such officer or member is receiving at the time his illness or injury occurred. Section 5. Retirement forpermanent injury_or disability or at age limit; payment to widow of deceased fireman: that any member of a fire department within the provisions of this act who shall, vuhile a member of such department and while engaged in the performance of his duties as a fireman, be permanently disabled by reason of injuries or illness resulting from the performance of his duties as a fireman, and upon an examination by a physician or physicians appouted by the Board of Trustees and paid by same, s.e found to be physically or mentally disabled as a result of such permanent injury or disability so as to render him unfit for the performance of his duties as a fireman, shall be entitled to be retired, and the Board of Trustees shall thereupon order his retirement and upon being retired shall be paid out of the firemen's pension fund of such city, monthly as long as such disability exists, a sum of one half of the monthly salary at the date of his permanent injury or disability, and a physician or physicians appointed by said Board of Trustees shall have the right to examine any such retired fireman at any time to determine his condition, and if it shall be determined upon such examination that such disability has ceased to exist, prior to the time that such retired fireman would otherwise be entitled to retire by reason of age and service, then the payments of such pension shall innediately cease. Section 6. Any officer or member of the fire department more than fifty years of age, and having served twenty years, or more in such fire department, of which the last two years shall have been continuous, or has been retired because of disability, may make application to the Board of Trustees to be placed on the pension list and, upon such application being granted, the Board of Trustees shall pay monthly to such member so retired a sum equal to fifty percent of the salary or wages such officer or member was receiving at the time of his retirement or disability, and in the event of the death of such officer or member of the fire department, either while in service or while retired, leaving surviving him a widow, such monthly payment which such retired officer or member was receiving or would be entitled to at the time of his death shall be paid to her during the remainder of her life in the same manner as it was paid to such deceased officer or member of the fire depart- ment during his retirement; PROVIDED, that any widow of any officer or member of the fire department who shall become entitled to the pension under the provisions of this act shall be the wife of said pensioner at the time he is pensioned, or at the time he is killed in service, and she shall forfeit all her rights under this act in case she remarries. Section 7. Pro rata paMent where funds deficient: That if at any time there shall not be sufficient money in the fund created under the provisions of this act to pay such persons entitled to the benefits herein provided the full amount per month provided for in the said rules and regulations, then an equal percentage of such monthly payment shall be paid to each beneficiary until such fund shall have been replenished, so as to warrant the payment in full of each of said beneficiaries. Section C How pensions paid; report by treasurer: That all persons paid and all moneys drawn from the pension fund under the provisions of this act shall be upon warrants signed by the President and Secretary of the Board of Trustees and approved by and appro- priated from such fund by the Board of Commissioners of the City of Salina and such warrants shall designate the name of the person and the purpose Sir which payment is made. The treasurer of the Board of Trustees shall prepare, annually, immediately after the first day of January, a report of the receipts and expenditures for the year ending December 31 of the previous year, showing the money on hand, how invested, and all moneys received and paid out, which report shall be filed with the City Clerk. Section 9. Payments inalienableo That all payments made, or to be made, as provided in this act, shall be absolutely inalienable by any assignment, sale, execution or otherwise, and they shall not be subject to garnishment or attachment. Section 10. Tax lever for fund; membership fees and dues; That there shall be levied annually at the time of the levy of other taxes for city purposes, a tax upon all taxable property within the limits of the City of Salina for the purpose of creating a Firemen's Pension Fund as herein provided for a tax of 2/10 of one mill on the dollar, provided that if at any time that fund shall reach the sum of $10,000 no additional tax shall be levied until the fund shall drop below that amount and the tax levy here- in shall be in addition to all other levies authorized by law* All money derived from taxes so levied shall constitute a fund to be known as the "Firemen's Pension Fund" of the City of Salina, which fund shall be exclusivley devoted to and for the purposes herein enumerated, Provided further, every member of the Fire Department of the City of Salina shall be required to pay to the Treasurer of said Board of Trustees of said fund a membership fee of $5.00 and shall also be required to pay to said Treasurer dues of at the rate of 1% of their monthly wages, which assessment shall be deducted from and paid in equal monthly installments out of his salary and no member of the Fire Department who shall fail to pay such member- ship fee or such dues shall be eligible to participate in or bene- fit by the fund hereby created by reason of any illness, injury or death occurring while such delinquency exists* Section 11. No member of the Fire Department nor the widow or dependents or any beneficiary of any such firemen who shall be participating from the Firemen's Pension Fund hereby created to the maximum extent provided for herein and in the Act pursuant to which this ordinance is adopted, shall be entitled to participate for the same purpose or on the same grounds or receive benefits from any other pension or relief fund which is provided for the relief of firemen and their dependents in the City of Salina, in- cluding the Firemen's Relief Association Fund of said city, it being the intention of this ordinance to provide only for the pay- ment of one pension or total payment of benefits not to exceed those provided for in this ordinance to any such firemen or his dependents, and that the total payment of benefits and pension from this and other funds shall not exceed the maximum provided for in this ordinance. Section 12. This ordinance shall take effect and be in force from and after its publication in the official city paper• Introduced, Deccamber 14, 1937 Passed, December 27, 1937 Attests yor 2) Ulty Uleric