45990 4
ORDINANCE N0. 4599
(Published in the Salina Journal January 2, 1936)
AN ORDINANCE relating to and providing for the carrying of Life in-
surance on and the purchase of life insurance policies for members
of the Salina Fire Department and for the payment of premiums on
such policies out of the funds of the Firemen's Relief Association
and for the disposition of the proceeds of such policies.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas;
Section 1. That pursuant to the provisions of Section 40-1707
R. S. Supp. 19330 life insurance policies covering the lives of the
regular full paid members of the Salina Fire.Department, now or here-
after employed as such, shall be purchased and premiums thereon paid
from the funds of the Firemen's Relief Association. Such policies
shall be in the principal sum of $1000.00 each, with endowment at age
655, and with a clause providing for waiver of premiums in event of
disability occurring prior to the age of 55 (such clause to apply only
to policies written on firemen under the age of 50 at the time the
policy is written and who are in physical condition acceptable to the
company writing such policy).
Section 2. The Firemen's Relief Association shall be the beneficiary,
in each such life insurance policy and each such policy shall be deposited,
with the Board of Commissioners and held by the City "lerk for such Board
and shall be so endorsed that the Board of Commissioners shall have the
sole control thereof; Provided, that no such policy shall be purchased
for any fireman, and this ordinance shall not be effective as to any
fireman, unless and until such fireman shall sign a written assignment
and waiver substantially as follows:
"ASSIGNMENT AND WAIVER.
In consideration of the payment of the premiums on the within
described policy by the Board of Commissioners of the City of Salina,
Kansas, out of the funds of the Firemen's Relief Association of Salina,
Kansas, which funds are under the control and supervision of the Board
of Commissioners of said City, and of the fact that the insured is an
employee of the City of Salina, in whose life the City of Salina and
Firemen's Relief Association each have insurable interest, the Fire-
men's Relief Association of Salina, Kansas, is hereby made the benefi-
ciary of said policy without the right of revocation or change by the
insured except with the written consent of the Board of Commissioners
of said city expressed in a Resolution or Ordinance duly adopted by
such Board, and the policy issued on the life of ,
the undersigned, as insured, being Policy No. , dated. ,
issued by The United Life Insurance Company of Kansas, with all of the
rights of the insured provided for therein, is hereby assigned to The
City of Salina, Kansas, for the use and benefit of The Firemen's Relief
i
2003
Association of Salina, Kansas, and the Board of Commissioners of
l
said city shall have the sole control of said policy and of all
rights thereunder including the right at any time to surrender the
! same for the then cash value thereof without the consent of the in-
sured or the beneficiary or of any other person, and the undersigned
as the insured in such policy does hereby waive all of his rights under
the policy above described in favor of said The Firemen's Relief
Associa-tion of Salina, Kansas. The proceeds of said policy at
s
maturity, either by death or by arrival of insured at age 65 while
said policy is still in force, shall be paid to The Firemen's Relief
Association, of Salina, Kansas, in accordance with the terms and pro-
visions of said policy contract; Provided however, that if the under-
signed at any time before becoming eligible for retirement from said
fire department according to law, ceases to be a regular full paid
member of the Salina Fire Department, either voluntarily or in-
voluntarily, the undersigned may upon payment to the Firemen's Re-
lief Association of the then cash or loan value of such policy have
the right to such policy for his own benefit and the right to designate
the beneficiary therein, and for the purpose of borrowing from the
company issuing such policy an amount sufficient to pay such sum to
the Firemen's Relief Association, such association and the Board of
Commissioners may join with the undersigned in the execution of such
instrument as may be required by such company in order to procure
such loan, and after the payment of such amount to the Firemen's
Relief Association the insured shall thereafter have the sole right
to such policy subject only to such loan."
Section 3. The Board of Commissioners shall have the right
at any time to surrender any such policy, without consent of the
insured therein, to the life insurance company issuing the same,
upon payment by such company to the Firemen's Relief Association
of the then cash surrender value thereof as provided for in such
policy.
Section 4. If the insured in any such policy at any time
before becoming eligible for retirement according to law ceased
to be a regular full paid member of the Salina Fire Department
either voluntarily or involuntarily, such person may upon payment
to the Firements Relief Association of the then cash or loan value
of such policy have the right to such policy for his own benefit
and the right to designate the beneficiary therein, and for the
purpose of borrowing from the company issuing such policy an
amount sufficient to pay such sum to the Firements Relief Association,
204
such association and the Board of Commissioners shall join in the
execution of such instrument as may be required by such company in
order to procure such loan, and after the payment of such amount to
the Firemen's Relief association the insured shall thereafter have
the sole right to such policy subject only to such loan; or in the
event of such termination of service the Board of Commissioners may
make such other provisions with reference to the disposition of such
policy as they may deem proper under the circumstances.
Section 5. If any fireman so insured shall become eligible for
retirement as provided by law and shall retire before the maturity
of the policy covering such person, the Board of Commissioners may
surrender such policy for its then cash value and place such proceeds
in the Firemen's Relief Fund to be used in payment of such retirement
allowance as may be provided by the Firements Relief Association and by
the Board of Commissioners for such person, or they may make provision
for the payment of a retirement allowance to such person out of other
funds of the Firemen+s Relief .Association and carry such policy to its
maturity at which time the proceeds of such policy shall be placed in
the Firemen's Relief Fund and used in or applied to the payment of
the retirement allowance to such person so long as such allowance is
payable or until such proceeds are exhausted by reason of the payments
therefrome
Section 6. When any such insurance policy shall mature either
by the arrival of the insured at the age of 65 or by reason of death
of the insured prior thereto, the proceeds of such policy shall be
placed in the funds of the Firemen's Relief Association and used for
the following purpose:
(a) If the insured is still in service as a fireman such
proceeds shall be kept in the Firemen's Relief Fund to be applied
to the retirement allowance of such fireman when he becomes eligible
for retitmlent.
(b) If the insured has become eligible for retirement and
has retired, the proceeds shall be used as provided for in Section 5
of this ordinance.
(c) If the insured shall die before reaching the age of 65
(or after 65 while still in active service as fireman and after
the endowment has been paid to the Firemen's Relief Association,)
as a result of accident or illness incurred in the line of duty,
the proceeds of such policy shall be paid to the widow and/or
dependents of such fireman, if any, in lieu of a similar amount out
of the other funds of the Association, and in such monthly install-
205
ments or amounts as may be provided by the Board of Commissioners
and in addition to such other amounts out of such fund as the
Association and the Board of Commissioners may deem proper under
;
the circumstances and considering the then condition of such Fire-
men's Relief Fund.
t
(d) If the insured shall die while a regular member of the
Fire Department before reaching the age of 6.5 (or thereafter while
still in active service and after the endowment has been paid to
the Firemenfs Relief Association) as a result of accident or Ill-
ness not incurred in the line of duty, the proceeds of such policy
or such portion thereof as the Board of Commissioners may deem proper
may be paid to the widow and/or dependents of the insured, if any,
in such monthly installments or payments as the Board of Commissioners
may deem proper, or the Board of Commissioners may make such other
provisions for the disposition of such proceeds as they may deem
proper and equitable.
(e) In any event not herein specifically provided for the
Board of Commissioners shall provide for such disposition of the
proceeds of any such policy as they may deem proper and may in
any event provide that the proceeds of any such policy be placed
In the Firemenrs Relief Fund to be used in any manner provided by
law for the use of such funds.
Section 7. The present regular full paid members of the Salina
Fire Department and all persons who shall be hereafter employed as
such shall make application to The United Life Insurance Company
of Kansas, for issuance of life insurance policies in accordance
with the provisions of this ordinance, and the first annual pre-
miums due on such policy and all subsequent annual premiums due
thereon shall be paid to such company out of the funds of the
Firemen's Relief Association, it being understood and agreed that
such Company by issuing the policies herein provided for agrees to
accept the present 20 members of the Salina Fire Department and to
issue policies on the lives of such persons without medical examina-
tion or other evidence of insurability except such as has been made
s
( except as to provisions for the waiver of premiums on account of
disability) and to issue policies in the same manner on any new
regular full paid members of said Fire Department as they may be
employed from time to time, provided that no such new member shall
be hereafter employed until he shall pass such physical examination
or tests as may be provided for from time to time by the Board of
Commissioners and by the medical examiner for such life insurance
206
company, and provided further that no person shall be hereafter
employed as a member of the Fire Department who at the time of such
employment is over the age of 40 years.
Section 8. Reference in this ordinance to the Board of Com-
missioners shall be deemed to mean the Board of Commissioners (or
the regular governing body) of the City of Salina, Kansas; reference
to the Firemen's Relief Association, or Association, shall be deemed
to refer to the Firemen's Relief Association of Salina, Kansas, a
corporation; reference to the Firemen's Relief Fund shall be deemed
to refer to the fund belonging to the Firemen's Relief Association
in the hands of the City Treasurer as ex -officio treasurer of the
Firemen's Relief Association; reference to members of the Salina
Fire Department, and to firemen, shall be deemed to refer to and
include all regular full paid firemen of the Fire Department of the
City of Salina, Kansas, including the Chief, Assistant Chiefs, Fire
Inspector, and any other officers now or hereafter in service on the
Fire Department of the City of Salina.
Section 9. If any section, sentance or clause of this
ordinance shall be held to be invalid by the final judgment of
any court of record, the same shall not be deemed to affect any
other section, sentence or clause of this ordinance, 3.t being the
intention of the Board of Commissioners of Said city to pass and
adopt each section, sentence or clause of this ordinance independ-
ently of each and every other section, sentence or caluse thereof.
Section 10. This ordinance shall take effect and be in
force from and after its publication in the official city paper.
Attest:
Introduced, December 270 1935
Passed, December 30, 1935
Chas, E. Banker
yerg c�—
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
F. C. Peters
Mayor
I, Chas. E. 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 Vo* 4599 passed and approved by the Board of Com-
missioners December 30, 1935; and a record of the vote on itS final
adoption is found on page /6 Journal No. 13.
laMA
• V.
(Puulished in The Salina JourL,.al januray 20 1936,
OB,DIN!"INCh 7-40. 4,599
rel: -?,tin,, to and for the c--rryinT 0"
life insui—mce on Ind urch,ase of life insure-nce
policies for members of the Sal -In' -A Fii,(, De,,::jrt�r-ent and
f -or t' -'Le of on su-c-i'l policies Olit of the
iunuis of t -,,.e helief Assoc.!_z,,t--;- on an(, for the
d-1spo-,--lition of the -:)roceeds of such -;)oli,,7ies.
'
E, IT 0111- h D b -,Y the. Bo:,ird o--. Com )c
.ners of t,e rc-ty
of Sa 11 n!-;... K S as:
pursuf..Mt- to t"ie provisi,-ms of Section
40-1707 1`L.S;. Supp. li-te insu,-ance poli --,-pies coverj-n-, the
1-1ve-- of the rerzular Poll paid meii-ibers, of th,F o,-!.'Lin,i J -i -*c
,�s suc?, 1-1
L;,e:11,Drt-m:f-:it-, now or hereafter pi loi s' .!l be
ui UMS c fuer; s of e
-c,ii,-,,,sed an "'i 'Al
Ass,-)cintion. SIIC�! DOliCiOS shall be the
of .,,.1000.Jj each., wit'l'i e;nu,),.V,,.v-.)-,t ",t anci
ta.Titi a clause for -.,aiver of i`ums in event of
disability occurring prior to the at -e of 55 (.,:-!,jch cl-,use to
appL;, only t,l) --',ritteri on f, -re -,;-en under tnc,, -�i,--e of 50
at 15 -he -tL!i,1? tiie policy is wl-,-) �;-,.-e Lri phy-sical
condition acce,,)table t) t,ie co--!--ny writin{F suci,�, policy)
S1'CrL"1'1-,,11!,' 2. Tic: FiJ,emc-n'-- -Relief Associ tion. shall be t --ie
benefj-c-J-,r,,,r in such life insurance an,-- su('-',,
s1-.iill 1--,e 6e:)o---!ted thF� Lo, -:rd of Comf,-,`L:3sil.)ners eind
held by thC-',+,-,-T Cl,.,rl.- for such 3oa--a -,.nd 91-a'l be so cnC.orsed
�-ere-
t t'' ie -Zo rd of Cwl, S, S-1, 0"1 e.� h-ic-,
�j,ve sole control t-1
of; Provi,
ed
thf,.t no such s' be purc,,!ised for any
L A- r omanand t' is ordinance soall f, -)t be ef"'ective as to gn%7
.V
f -ire,. --an unless and ant -*,I sucl. firc!,ian s1l,-.11 s] -7n a 11-Tr-1-tten
ass -1 ;jhi,en.t and waiver s---1bst--),nti,illy as follows:
In cor.si^er_7tiot of tre ua.yment of the arr-niiums on
the +l.,ithin descr.'_bed policy by of Com_issionf�,rs of
tC!� CIA,Of »ling, ri,=r1Sc3S, O-Ut o`er tllE f1�11!'.S Of t' F ami er: e�,tI S
belief kssoci:-:.tion of S^iin ., ._ tins_ S, ;,,, ich funds :'ire under thc,
cor�tr�l ,,,nd Supervision of t-ie Lo .rd. of Corl,ni_ ,sio_lers of said
;anu of the fact tr..t tlj.e iri. ured is an. emnlovc.e of
t' ,e C_ ti - -L 1,i, in kI<ose 1i ':;: t _c; C,_t, o.f lin and
i --term � l ' li f l ss�c; -a.t on e .rr '� sve ins , ble interE st, the
Firenen+ s :i: 1i: f Ass,,ci ti on of Snlina., r ins -Is, is herr-byy made
t:: e bencfici"�ry of said policy ;iithout th— ri •ht of revoc=„_tion or
cna:nge by the insured except it . the '.ri tten const rit of the
3oai-d of Cominissi;ners of s.�L-d city exr:ressed in a Resolution
or Ordinance duly adopted by suet j3o�.rd, and t- e '�oli_c T �.c,saed
On ,1, life Of
as insured, beim Policy �3o.
, c ted
, the undcir signed,
issued -Dy The Uni-!,ed Life Insurance Corgio:ny of Kers as, ,,1th
all of the r,?hts of the insured ;�r�v _c ed for t� — re7n, is
r,
r(S1 SS1 �.7f d tO i':lE t,; of 1.1't, 1' t ]. _�.5, f Or tiiF uGE? �Yp
benefit of Thc:, Y rnenI s R<.Iief Ass- c i,Lt_:.-)n of S -11 na,,
and t'lE' O .rd Of C')T'1?.,J ssi 7ners Of said cit S' '_il1 have tC1(:: S`7ie
control of said ,)oliC-Y an.- of all r'i?r11L's t!'ei-cun!'er inC l�k-__=1i'
t:,e r ,s Clt -..t any tine to surrender V r-, : a,:;e for the cash
V<.a.i `. tIi .r�':�f ttl_thO'a{ th= c,,nScnt Of
t, -,,C insured of th( bene-
f ici m'; or of ,,_ny other Jerson, and t.:'e undersi gnE'C- as the
n suc� -poli ^ ao �.:reb ve ;11 :�� h
ns�are i �' es � °;r � ; s rJ p:t-its under
t' ---Ie jolic-: above described in -vor of C:,' d Thi F1„F=,,1F 1r t rlelief
-ssoci tion of 1->,a ” "insas. 'i'llc .)roceeds o. ? a
., .- � said ��o ic;;� t
matt. r^t, , c-_.tner by derj.tti or b; arr:iv,,l ofy in .�.,rcid �t ;-c r5
while, sa-d ,olicy is ~till in force, shall be _:.,aid t:, The
rizcrlenl s S Alin,_, Kans--,.s, in accord -f_ -ice
,Plth thc; trr=ls a_ld •ovisi-)ns of said polio,, c�)ntrr ct; Provided
iO�sdeVer, t .'_i.t if t,''e unc}_ei'Si;�--.ied at any ti-mle bef,)reli'?eC'.7t ing
eliz ;le fir rctirE;_�:ent fro��_I s�._ ire de�-,rt ,�t Accor�._7 to
1- w, c e 9 S e s t-) 6 Is _a rer u1 -r f'lll J lic, `1 ember ) f t'Le C;al-1 rIa
M
Fire Department, either voluntarily or involuntnrily, the
underc'_Er:rIed may upon pgjTrr1E?nt to t e "lc .::lents Pplief Associition
of the then cash or lona value of such policy have the _"milt to
such policy for his own benefit n . thn ri ht to des _gr -t-e the
be»eficinray therein, and for the pir_ se of borrowing from 00
company issuinv suet policy an amount sufficient to pay such
stars to We Finewe 's helinf Associ tion, suer -ssnci� tion and the
Board of Commissioners may join Pitt the undersigned in the
execution of such instrument as !'lad' be renuired by such coipany
in order to procure such loan, and _`"ter the p Tment of such
anount to the Fi- q l s _ elinf Ass)c_ ,tion tKe insured sn2ll
t ereaftf r have the solc ri~ .t to suer, policy sun:ect only to
such loan.'
SECTION ". The hoard of C<arnminsion. rs sgall have the r_ght
at any ti-rm t') su-ren6er :=1ny such ? li cy, without consent of the
insured tKervin, to the life, insurrAnce company issuing the same,
upon payment by such coi'pa.ny to the r1_ e", ens s Rphief As4 & 't:l on
of tLe tnrn cash surrende." value thereof as :)roviAed for in such
policy.
SECTION 4. If the inured in any such policy at any time
before becoming eligible for retic ment according to law ceAsus
t7 be a. resulor full paid me:r_ber of the Salina Fire Department
either voluntarily :ily or involuntarily, such person nny upon payment to
the yi. - enis Rvlief rssocigt.ion of thr 0en cash or loan value
of such pollc; n ve the right to such policy for bis own benefit
and the r t to design to t:le ben fic1 z.r„ 0-. r eln, and for the
purpose of borrowina From We company issuing such policy an
amount sufficient to pRy such sum to the h,, emenl s Belief Assoc`_ -"tion,
such association and the Board of Commissioners sh. 11 ,loin in
the execution of such instrument as mai be re: nired by such company
in order to procure such loan, and .=after the pDy - of such
"_ount to tin A e, eAl s RUIef Association the insured stall
w
thereafter have the sole right to such policy subject only to
such loan; or in the event of such termination of service the
Board of Commissioners may make such other provisions with
reference to the disposition of such policy as they may deem
proper under the circumstances.
Section 5. If any fireman so insured shall become eligible
for retirement as provided by law and shall retire before the
maturity of the policy covering such person, the Board of Com-
missioners may surrender such policy for its then cash value and
place such proceeds in the Firemen's Relief Fund to be used in
payment of such retirement allowance as may be provided by the
Firemen's Relief Association and by the Board of Commissioners for
such person, or they may make provision for the payment of a
retirement allowance to such person out of other funds of the
Firemen's Relief Association and carry such policy to its maturity
at which time the proceeds of such policy shall be placed in the
Firements Relief Fund and used in or applied to the payment of
the retirement allowance to such person so long as such allowanc*
is payable or until such proceeds are exhausted by reason of the
payments therefrom.
Section 6. When any such insurance policy shall mature either
by the arrival of the insured atthe age of 65 or by reason of
death of the insured prior thereto, the proceeds of such policy
sha 11 be placed in the funds of the Firements Relief Association
and used for the following purposes
(a) If the insured is still in service as a fireman such
proceeds shall be kept in the Firemen's Relief Fund to be applied
to the retirement allowance of such fireman when he becomes eligible
for retirement.
(b) If the insured has become eligible for retirement and
has retired, the proceeds shall be used as provided for in Section 5
of this ordinance.
L7
(c) If the insured shall die before reaching the age of 65
(or after 65 while still in active service as fireman and after
the endowment has been paid to the Firemen's Relief Association,)
as a result of accident or illness incurred in the line of duty,
the proceeds of such policy shall be paid to the widow and/or
dependents of such fireman, if any, in lieu of a similar amount out
of the other funds of the Association, and in such monthly install-
ments or amounts as may be provided by the Board of Commissioners
and in addition to such other amounts out of such fund as the
Association and the Board of Commissioners may deem proper under
the circumstances and considering the then condition of such Fire-
men's Relief Fund.
(d) If the insured shall die while a regular member of the
Fire Department before reaching the age of 65 (or thereafter while
still in active service and after the endowment has been paid to
the Firemen's Relief Association) as a result of accident or illness
not incurred in the line of duty, the proceeds of such policy or such
portion thereof as the Board of Commissioners may deem proper may
be paid to the widow and/or dependents of the insured, if any, in
such monthly installments or payments as the Board of Commissioners
may deem proper, or the Board of Commissioners may make such other
provisions for the disposition of such proceeds as they may deem
proper and equitable.
(e) In any event not herein specifically provided for the
Board of Commissioners shall provide for such disposition of the
proceeds of any such policy as they may deem proper and may in
any event provide that the proceeds of any such policy be placed in
the Firemen's Relief Fund to be used in any manner provided by law
for the use of such funds.
Section 7. The present regular full paid members of the Salina
Fire Department and all persons who shall be hereafter employed as
such shall make application to The United Life Insurance Company
of Kansas, for issuance of life insurance policies in accordance
with the provisions of this ordinance, and the first annual
premiums due on such policy and all subsequent annual premiums
due thereon shall be paid to such company out of the funds of the
Firemen's Relief Association, it being understood and agreed that
such Company by issuing the policies herein provided for agrees to
accept the present 20 members of the Salina Fire Department and to
issue policies on the lives of such persons without medical examina-
tion or other evidence orf insurability except such as has been made
(except as to provisions for the waiver of premiums on account of
disability) and to issue policies in the same manner on any new
regular full paid members of said Fire Department as they may be
employed from time to time, provided that no such new member shall
be hereafter employed until he shall pass such physical examination
or tests as may be provided for from time to time by the Board of
Comanissioners and by the medical examiner for such life insurance
company, a nd provided further that no person shall be hereafter
employed as a member of the Fire Department Who at the time of such
employment is -,over- the age of 40 years.
Section 8. Reference in this ordinance to the Board of Com-
missioners shall be deemed to mean the Board of Commissioners (or
the regular governing body) of the City of Salina, Kansas; reference
to the Firemen's Relief Association, or Association,
shall be deemed to refer to the Firemen's Relief Association of
Salina, Kansas, a corporation; reference to the Firemen's Relief Fund
shall be deemed to refer to the fund belonging to the Firemen's
Relief Association in the hands of the City Treasurer as ex -officio
treasurer of the Firemen's Relief Association; reference to members
of the Salina Fire Department, and to firemen, shall be deemed to
refer to and include all regular full paid firemen of the Fire
Department of the City of Salina, Kansas, including the Chief,
Assistant Chiefs, Fire Inspector, and any other officers now or
hereafter in service on the Fire Department of the City of Salina.
section 9. If any section, sentence or clause of this
ordinance shall be held to be invalid by the final ,judgment of
any court of record, the same shall not be deemed to affect any
other section, sentence or clause of this ordinance, it being the
intention of the Board of Commissioners of said city to pass and
adopt each section, sentence or clause of this ordinance independently
of each and every other section, sentence or clause thereofe
Section 10. This ordinance shall take effect and be in force
from and afte r its publication in the official City paper.
ATTEST:
Introduced, December 27, 1935
Passed, December 30, 1935
City Clerk
mayor