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municipality in this State, who shall violate any of the foregoing provisions of this Act, by failing or refusing to comply with such provisions as herein directed, shall be fined in a sum not less than ten ($10.00) dollars nor more than fifty ($50.00) dollars, to which may be added imprisonment in the county jail, not exceeding ten days.

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4. Members of board holding office under any other pension law to continue to serve rights and property not affected.

5. Powers and duties of board.

6. Treasurer-duties and bond.

7. How moneys paid out-interestfrom.

8. Retirement after twenty years of service-pension.

§ 9. Retirement on account of physical or mental disability-pensionrecovery and reinstatement when allowance received under Workmen's Compensation Act.

§ 10. Death while in service or after retirement pension to widow, minor, children or dependent parents.

§ 11. When fund insufficient to pay benefits.

§ 12. Fund not subject to levy for debt or damages.

§ 13. Who included within meaning of the term "firemen"-not to lose protection if transferred.

§ 14. Beneficiaries under other Act.

(HOUSE BILL No. 738. FILED JUNE 14, 1917.)

AN ACT to provide for a firemen's pension fund and to create a board of trustees to administer said fund in cities having a population exceeding two hundred thousand (200,000) inhabitants.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That in each city whose population exceeds two hundred thousand (200,000) inhabitants, having a paid fire department, there is hereby created a firemen's pension fund which shall be collected and administered according to the provisions of this Act.

§ 2. Said pension fund shall consist of the following items which shall be set apart and placed to the credit of said pension fund.

(a) Two and one-half per centum of the salary or wages of each fireman to be retained or deducted by the fiscal officers of the city before any part of said salary or wages shall be paid to said firemen.

(b) Five per centum of an amount equal to the monthly salary or wages of each fireman, attached to his rank at the time of his retirement after twenty (20) years' service under the provisions of this Act, which shall be paid monthly by such retired fireman to the treasurer of the board of trustees hereinafter created from the time of such retirement and until he shall reach the age of fifty (50) years.

(c) All fines and penalties imposed upon firemen for breach of any rule of the fire department.

(d) All rewards in moneys, fees, gifts and emoluments that may be paid or given for or on account of extraordinary services by the fire department or any member thereof (except when allowed to be retained by competitive award.)

(e) All taxes collected for the firemen's pension fund pursuant to the levy hereinafter authorized.

(f) All moneys or property acquired from any source by the board of trustees hereinafter created under the powers granted to said board.

The city council of such city shall levy annually a tax, for the purpose of providing revenue for the pension fund hereby created, of fivetenths of a mill on the dollar on all taxable property of such city, Said tax shall be in addition to all other taxes which such city is now or hereafter may be authorized to levy upon the aggregate valuation of all property within such city, and shall be levied and collected in like manner with the general taxes of such city; and the county clerk in reducing tax levies under the provisions of section 2 of an Act entitled, "An Act concerning the levy and extension of taxes," approved May 9, 1901, force July 1, 1901, as subsequently amended, shall not consider the tax herein authorized as a part of the general taxes levied for city purposes and shall not include the same in the limitation of three per cent of the assessed valuation upon which taxes are required to be extended.

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It shall be the duty of the corporate officers of such city who are or may hereafter be authorized by law to draw warrants upon the treasurer of said city, upon request made in writing by the board of trustees hereinafter created, to draw warrants upon the treasurer of such city payable to the treasurer of said board for all funds in the hands of the treasurer of such city belonging to such pension fund.

§ 3. That in each such city there is hereby created a body politic and corporate, under the name and style of, "The Board of Trustees of the Firemen's Pension Fund of the City of (name)," which shall have exclusive control and management of the firemen's pension fund. Said board shall be composed of the city treasurer, city clerk, marshal or chief officer of the fire department and the comptroller or chief officer of the finance department of said city and three other persons who shall be chosen from the active firemen of such city, and one other person who shall be chosen from the firemen who have been duly retired under this Act. The members of said board to be chosen from the active firemen shall be elected by ballot at a biennial election, at which election all active firemen of said city shall be entitled to vote; and the members of said board to be chosen from among the firemen who have been duly retired as aforesaid shall be elected by ballot at a biennial election, at which election all firemen retired under this Act shall be entitled to Fote.

The election or elections in this section provided for, shall be held on the 3rd Monday in April, under the Australian ballot system, at such place or places in said city and under such rules and regulations as shall be prescribed by the board: Provided, that no person entitled o vote shall cast more than one vote at such election. In the event of he death, resignation, failure or inability to act of any member of said oard, elected under the provisions hereof, the successor to such member hall be elected at a special election which shall be called by said board and shall be conducted in the same manner as the biennial election ereunder.

The said board shall elect from their number a president. The city treasurer shall be ex officio the treasurer of said board and the city clerk shall be ex officio secretary of said board.

The said board of trustees shall submit a report, at least once each year, to the Superintendent of Insurance of this State, and the said Superintendent of Insurance shall prescribe the form for such reports, the matter which they shall contain, and the times when they shall be submitted, and said Superintendent of Insurance shall report the information so submitted to him or a comprehensive summary thereof, to the Governor of this State at least once each year. The said Superintendent of Insurance shall also prescribe a system of records and accounting to be used in the management of this fund.

§ 4. The members of the board of trustees of the firemen's pension fund of any such city holding office under any other firemen's pension law existing at the time this Act shall become effective, shall serve as members of the board hereby created for the terms for which they were respectively appointed or elected and until such time as their successors are respectively appointed or elected and qualified as herein provided. All rights and property of every kind and description which are vested in the board existing at the time this Act shall become effective shall be deemed and held to be vested in the board created under the provisions of this Act; and no rights or liabilities, suit or prosecution of any kind, either in favor of or against said board, existing at the time this Act shall become effective, shall be affected by the transfer of the firemen's pension fund from the control of one board to the other, but the same shall stand and progress as if no change had been made.

§ 5. Said board shall have power:

(a) To hear and determine all applications for pensions and to suspend the payment of pensions under this Act and its decisions in such matters shall be final and conclusive and not subject to review or reversal except by the board.

(b) To compel witnesses to attend and testify before it upon all matters connected with the operation of this Act in the same manner as is or may be provided by law for the making of testimony before masters in chancery, and the president or any member of said board is hereby authorized to administer oaths to such witnesses.

(c) To take by gift, grant, devise or bequest any money, real estate, personal property or other valuable thing.

(d) To establish and maintain a fund in reserve and to invest said fund, or any part thereof, in the name of said board in interest bearing bonds of the United States, of the State of Illinois, or of any county or municipal corporation of the State of Illinois.

(e) To sell or dispose of, in any manner that said board in it's judgment deems proper, any or all assets of any kind, which are in the possession or under the control of said board.

(f) To employ a physician, counsel or attorney and such clerical aid as may be necessary.

(g) To provide for the payment from said pension fund of all moneys which may be necessary for the expenses of the board.

(h) To make all needful rules and regulations for its government in the discharge of its duties.

It shall be the duty of the board:

(a) To order payments to be made from the firemen's pension fund all persons entitled thereto under the provisions of this Act.

(b) To order that payments of pensions to firemen retired on account of disability be suspended whenever said board shall be satisfied. that such disability no longer exists.

(c) To report to the city council before the first Monday of September of each year the amount of taxes necessary to be levied to carry out the provisions of this Act for the following fiscal year.

(d) To keep a record of all its meetings and proceedings.

(e) To require every fireman retired on account of disability to be examined at least once a year by a physician to be selected by the board, and to require said physician to report to the board the physical and mental condition of all such firemen examined by him.

§ 6. 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. He shall keep his books and accounts concerning said fund in such manner as may be prescribed by the Superintendent of Insurance and 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 board, 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; 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 the firemen's pension fund. Said bond shall be filed in the office of the secretary of said board and in case of a breach of the same, or the conditions thereof, suit may be brought on the same in the name of said board.

§ 7. All moneys ordered to be paid from said pension fund to any person 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 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 the firemen's pension fund: Provided, that nothing herein contained shall be construed as authorizing the said treasurer to loan or deposit said fund or any part thereof, unless so authorized by the board.

§ 8. Any fireman of any such city, after having served twenty (20) years as a fireman, of which the last five (5) years shall be continuous, may retire from active service, and when such retired fireman shall have

reached the age of fifty (50) years the board shall order and direct that such fireman shall be paid a monthly pension equal to one-half the amount of monthly salary attached to the rank which he may have held in the fire service at the date of his retirement; provided that the retired fireman has remained in good standing by paying to the treasurer of the board all his monthly contributions from the time of his retirement until he shall have reached the age of fifty (50) years as required by this Act. Provided, further, that the pension so paid shall not exceed the sum of three thousand ($3,000) dollars per annum, nor be in any case less than six hundred ($600) dollars per annum.

Any fireman of any such city, who, after having served twenty (20) years as a fireman, of which the last five (5) years shall be continuous, shall be discharged from the fire service, shall be entitled to the same benefits under this Act as firemen who have retired as hereinabove provided.

In determining whether the service of a fireman has been continuous for the last five (5) years, under the provisions of this section, all firemen subject to be called to duty, whether in active service or on leave of absence, shall be regarded as being in the fire service but in computing the time for the purpose of determining whether a fireman has served twenty (20) years, all furloughs without pay exceeding thirty (30) days in any one year shall not be counted.

§ 9. If any firemen of any such city while in active service or on leave of absence shall become and be as so physically or mentally disabled as to render necessary his retirement from active service, said board shall order the retirement of such disabled fireman and he 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 reitrement: Provided, further, that the pensions so paid shall not exceed the sum of three thousand ($3,000.00) dollars per annum, nor be in any case less than six hundred ($600.00) dollars per annum. Provided, however, that no pension shall be allowed to any fireman who has been so physically or mentally disabled while on leave of absence without pay for more than thirty days during any year.

If, after placing a fireman on the pension roll, the board shall become satisfied that such retired fireman has recovered from such physical or mental disability, said board shall order the suspension of the payment of his pension and that said fireman report back to the marshal or chief of the fire department of such city, who shall thereupon order the reinstatement of such firemen in active service in the same rank or grade that such fireman held at the time of his retirement.

If any fireman of any such city receives any compensation or allowance from such city under and by virtue of the law known as the Workmen's Compensation Act or other similar Act, the pension herein provided for such employee shall be reduced by the amounts so received if they be less than the amounts of such pension, and if any employee receives a sum or sums as compensation or allowance in excess of the pension herein provided for such employee, he shall not receive any pension until after the expiration of the period of time during which

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