There shall be a Firemen's Relief and Pension Fund, which shall
consist of:
6.70.1 All fines, penalties and forfeitures imposed upon the
officers and members of the Fire Department, and collectible from
pay or salary.
6.70.2 All rewards, fees, gifts or emoluments other than salary
that may be paid or given for or on account of services rendered by
any such officer or member except such as shall be allowed by the
Board of Public Safety to be retained by such officer or member.
6.70.3 All sums of money or property that may be contributed
by gifts or raised by entertainments given for that purpose.
6.70.4 An assessment of 1% per month on the salaries of all
officers and members of the department who have elected to remain
as beneficiaries of said fund; which assessment shall be deducted
weekly by the Treasurer of the city from the salary of each such officer
and member, and held by the Treasurer for the benefit of the fund.
6.70.5 The fund heretofore accumulated by the city or that may
hereafter accrue to the city from fines and donations.
6.70.6 A sum provided by the Common Council which, together
with the foregoing payments, will be sufficient to enable the fund
hereby created to meet its liabilities.
6.72.1 The Mayor, the Controller of the city, the members of
the Board of Public Safety and the Chief of the Fire Department shall
constitute the Board of Trustees of the Firemen's Relief and Pension
Fund. The Mayor shall be the Chairman, the Controller of the city
shall be the Treasurer, and the City Clerk shall be the Secretary
of the Board of Trustees, and all members of said Board shall serve
without additional compensation. [Amended 7-20-2000 by L.L.
No. 5-2000]
6.72.2 The Board of Trustees shall have the exclusive control,
management and distribution of the fund, and the Controller shall
be its custodian. The fund shall be kept separate and apart from any
other funds under his custody, and the sureties on the official bond
of the Controller shall be liable for the safekeeping and due accounting
by him of the moneys and sureties belonging to the fund. [Amended
7-20-2000 by L.L. No. 5-2000]
6.72.3 The Board of Trustees may make rules and regulations
for its administration, and shall hear and determine all applications
to it for relief or pension under this charter. It shall cause to
be kept a record of all its proceedings and meetings. No payments
whatever shall be made or allowed by said Board as rewards, gratuities
or compensation to any person for salary or other services rendered
to or for such Board. Said Board is empowered to make all necessary
contracts, institute all necessary and proper actions or proceedings
and make payment from said fund, of relief or pension as provided
by this charter.
6.72.4 The City Attorney shall be the legal advisor of the Board
of Trustees and shall have charge of all actions or proceedings brought
by or against said Board or the members thereof, and shall serve without
additional compensation therefor. A majority of said Board of Trustees
shall constitute a quorum.
6.74.1 Any officer or member of the Fire Department who is eligible
as a beneficiary of the fund, and who is, after an examination, certified
under oath by a competent physician to be disqualified physically
or mentally for the performance of his duties by reason of disease
or disability caused or induced by the active performance of his duties
and not by fault or misconduct on his part, may be retired by the
Board of Public Safety. Such officer or member may, however, demand
an examination by three competent physicians, one to be selected by
the Board, one by the president of the Warren County Medical Society,
and one by such officer or member. The finding of the majority of
such examiners shall be final as to the ability or disability at that
time of such officer or member to perform his full duty. If found
able, he shall be returned to duty at his current rank and salary.
Any officer or member retired under the provisions of this section
shall remain under the orders of the Board, which, subject to civil
service regulations, may order him at any time to do such duty of
which he is capable as may be in the best interests of the Department.
While so serving, he shall be paid the same salary as that of other
Department members of the same rank.
6.74.2 Every eligible officer or member of the Department who
may have become permanently incapacitated from performing full duty
by reason of age, or of disease or disability caused or induced by
injury while in the line of duty, without fault or misconduct on his
part, may, on his own application, be retired from service by a majority
vote of the Board of Public Safety, provided that the applicant has
been examined by three physicians or surgeons selected as aforesaid,
and their sworn certificate signed by a majority of such examiners
filed with the Board of Public Safety showing that the applicant is
permanently disqualified from performing his duties in the Department.
6.74.3 Any officer or member of the Department who shall have
served therein for 20 years or more and has attained the age of 60
years, may retire upon his own application without examination.
6.74.4 Except as otherwise prescribed by this charter, a pension
shall be granted and paid to each person retired under the provisions
of this section to the amount of 1/2 of the salary paid to such person
at the time of his retirement, and shall be payable in monthly installments.
No officer or member of the Department shall be entitled to any allowance
as pension during the time he shall be receiving full salary from
the city.
6.74.5 Any officer or member of the Department who is receiving
a pension hereunder cannot be employed or receive pay or salary from
any other department of the city.
Said Board of Trustees may also, in its discretion, grant, authorize
and direct the payment of pensions out of said funds as follows:
6.76.1 Upon the death of any eligible department officer or
member, to his widow and to his child or children under the age of
18, a sum per month not exceeding 1/2 of the monthly salary paid to
him at the time of his death, irrespective of duration of service.
Said sum may be divided between the widow and child or children in
such proportion and in such manner as the Board of Trustees may direct.
If there be no child or children under 18 years of age, then all of
said sums shall be paid to the widow.
6.76.2 If the deceased officer or member died leaving no widow,
or in the event his widow dies or remarries, then to his children
under 18 years of age, the aforesaid monthly sum shall be apportioned
in such manner as the Board of Trustees may direct.
6.76.3 If the deceased officer or member died leaving no widow
or no child under the age of 18 years, then to any dependent parent
of his, the aforesaid monthly sum shall be apportioned in such manner
as the Board of Trustees may direct.
6.76.4 If there be any deceased retired officer or member, who
has been retired by the Board of Trustees, upon his death said pension
shall, if granted, be paid to his dependents subject to the foregoing
provisions of this section.
Pensions granted to a widow shall terminate when the widow shall
remarry, and pensions granted to children shall terminate whenever
they shall respectively marry or arrive at the age of 18 years. Said
Board of Trustees may in its discretion refuse, terminate or diminish
any pension of any widow, child or parent whenever said Board deems
that the necessities of such widow, child or parent do not require
it.
[Amended 7-20-2000 by L.L. No. 5-2000]
All payments from the fund shall be made by the City Controller
only upon order of the Board of Trustees duly entered in the record
of its proceedings. The City Controller shall deposit the moneys belonging
to the fund in the bank or banks designated as depositories by the
Common Council. Any moneys belonging to the fund may, in the discretion
of the Board of Trustees, be invested in any securities authorized
in accordance with the laws of the state as investments of trust funds
by trustees.
In the month of January of each year, the Treasurer shall make
a report in writing to the Common Council of the conditions of the
fund, in which report there shall be clearly set forth a complete
itemized statement of all receipts and disbursements during such year,
giving the name of each and every person, corporation or association
from whom any money or property has been received or to whom any money
or property has been delivered or paid on account of the fund, together
with the total amounts thereof.
[Amended 7-20-2000 by L.L. No. 5-2000]
Any officer or Board of officers of the city who shall realize
or receive any money, which under the provisions of law constitutes
a part of said fund, is hereby directed to pay over the same immediately,
to the Controller of the city to be used and applied as a part of
the fund.
Any person who shall willfully or knowingly swear falsely in
any oath or affirmation in obtaining or procuring any relief or pension
or the payment thereof, under the provisions of this charter, shall
be guilty of perjury.
Notwithstanding the provisions of this charter, or any other
law, the Board of Public Safety may, in its discretion, retain in
active service, any member of the Department until he shall reach
the age of 70 years.
Notwithstanding any inconsistent provisions of this charter,
no member of the Fire Department appointed on or after June 24, 1940,
shall be a member of the Firemen's Relief and Pension Fund said be
required pay any money or part of any monthly pay, salary or compensation
to the pension fund; and no such member of the Fire Department, his
widow, children or parents, shall be entitled to receive, be granted
or paid, any pension, allowance or money from the fund.