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