[Adopted as Ch. 2.66 of the 1997 Code]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Findings.
Article 3 of the Illinois Pension Code (40 ILCS 5/3-101 et seq.; the
"Act"), requires each city of 5,000 or more but less than 500,000
inhabitants, as determined from the United States government statistics
or a census taken at any time by the City, to establish and administer
a Police Pension Fund pursuant to and in accordance with the Act.
The population of the City of Columbia, Illinois (the "City") is more
than 5,000 but less than 500,000 inhabitants as determined by the
1990 Census conducted by the federal government and is therefore required
to establish a Police Pension Fund as required by the Act.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There is established a Police Pension Fund (the "fund") in the
City as required by the Illinois Pension Code (the "Act"). All police
officers, their surviving spouses, dependent children or dependent
parents are eligible for pension benefits from the fund who qualify
under the Act, including the following sections of the Act: Sections
3-105.1, 3-106, 3-108, 3-108.1, 3-111, 3-111.1, 3-112, 3-114.1, 3-114.2,
3-114.3, 3-114.4, 3-114.5, 3-115, 3-116, 3-116.1, 3-117.1, 3-120,
3-121, 3-122, 3-123, 3-124, 3-124.1 and 3-124.2 of the Act.
A.
A board of five members shall constitute the Board of Trustees to
administer the fund and to designate the beneficiaries thereof (the
"Board"). The Board shall be known as the "Board of Trustees of the
Columbia Police Pension Fund."
B.
Two members of the Board shall be appointed by the Mayor. The third
and fourth members of the Board shall be elected from the active participants
of the pension fund by such active participants. The fifth member
of the Board shall be elected by and from the beneficiaries of the
fund.
C.
The initial five-member Board shall take office the first Tuesday
in December, 1990, and shall serve until the second Tuesday in May,
1991. Thereafter, one of the two Board members appointed by the Mayor
shall serve for one year beginning on the second Tuesday of May, 1991.
The other Board member appointed by the Mayor, the two Board members
elected by the active participants and the one Board member elected
by the beneficiaries shall serve for two years beginning on the same
day. Their successors shall serve for two years each or until their
successors are appointed and qualified.
D.
The election for the initial Board members required to be elected
shall be held the third Monday in November, 1990. Thereafter, the
election for Board members shall be held biannually on the third Monday
in April, at such place or places in the City and under the Australian
ballot system and under such regulations as shall be prescribed by
the appointed members of the Board.
E.
At the election, the active participants in the fund shall be entitled
to vote only for the two active participant members of the Board.
All beneficiaries of legal age may vote only for the one member of
the Board chosen from among the beneficiaries. No person shall be
entitled to cast more than one ballot at such election. The term of
the initial elected members of the Board shall be until the second
Tuesday in May, 1991. Thereafter, the term of elected members of the
Board shall be for two years, beginning on the second Tuesday of the
first May after the election.
F.
Upon the death, resignation or inability to act of any elected Board
member, his or her successor shall be elected for the unexpired term
at a special election, to be called by the Board and conducted in
the same manner as the regular biannual election.
A.
The Board shall hold annually regular quarterly meetings on the second
Tuesday of July, October, January and April, and special meetings
as called by the President of the Board.
B.
At the organizational meeting of the Board, the Board shall elect
from its members a President, Vice President, Secretary and Assistant
Secretary. At the regular meeting of the Board and each July thereafter,
the Board shall elect from its members a President, Vice President,
Secretary and Assistant Secretary to serve for one year. Notwithstanding
anything herein to the contrary, Board officers shall serve until
their respective successors are elected and qualified.
C.
The Vice President shall perform the duties of President during any
vacancy in that office, or during the President's absence from the
City, or if he or she is by reason of illness or other causes unable
to perform the duties of the office.
D.
The Assistant Secretary shall act for the Secretary whenever necessary
to discharge the functions of such office.
The Board shall have the powers and duties stated in the Act,
including but not limited to the following:
A.
To control and manage the pension fund. To control and manage, exclusively,
the pension fund, and all money donated, paid or assessed to the pensioning
of disabled and retired police officers, their surviving spouses,
minor children and dependent parents. All such moneys shall be placed
by the City Treasurer to the credit of the fund, subject to the order
of the Board.
B.
To order payments and issue certificates. To order the payment of
pensions and other benefits and to issue certificates signed by the
Board's President and Secretary to the beneficiaries, stating the
amount and purpose of the payment.
C.
Submit annual list of fund payments. To submit annually to the City
Council by April 30 of each year, a list of persons entitled to payments
from the fund, stating the amount of payments, and their purpose,
as ordered by the Board. The list shall also include items of income
accrued to the fund during the fiscal year. The list shall be signed
by the President and Secretary of the Board, and attested under oath.
A resolution or order for the payment of money shall not be valid
unless it is approved by a majority of the Board members, and signed
by the President and Secretary of the Board.
D.
Draw and invest funds.
(1)
To draw pension funds from the City Treasurer, and invest any part
thereof in the name of the Board in:
(a)
Interest-bearing bonds or tax anticipation warrants of the United
States, of the State of Illinois, or of any county, township or municipal
corporation of the State of Illinois.
(b)
Insured withdrawable capital accounts of state or federal chartered
savings and loan associations if the withdrawable capital accounts
are insured by the Federal Savings and Loan Insurance Corporation.
(c)
Insured investments of credit unions if insured by the National Credit
Union Administration.
(d)
Savings accounts or certificates of deposit in a national or state
bank.
(e)
Other investments authorized by Section 3-135 of the Act.
(2)
All securities shall be deposited with the Treasurer of the City,
and be subject to the order of the Board. Interest on the investments
shall be credited to the pension fund.
(3)
No bank or savings and loan association shall receive investment
funds from the fund, unless it has complied with the requirements
establish pursuant to Section 6 of An Act Relating to Investments
of Public Funds by Public Agencies (30 ILCS 235/6). Limitations set
forth in said Section 6 shall be applicable only at the time of investment
and shall not require the liquidation of any investment at any time.
E.
Subpoena witnesses. To compel witnesses to attend and testify before
the Board upon all matters connected with the administration of the
Act, in the manner provided by law for taking of testimony in the
Circuit Courts of the State of Illinois. The President, or any Board
member, may administer oaths to witnesses.
F.
Appoint Clerk. To appoint a Clerk and define his duties. No person
drawing a pension under this article shall be employed by the Board.
G.
Pay expenses. To provide for the payment from the fund of all necessary
expenses, including Clerk hire, printing or witness fees.
H.
Keep records. To keep a public record of all Board proceedings.
I.
Make rules. To make necessary rules and regulations in conformity
with the provisions of the Act, and to publish and transmit copies
from time to time to all pensioners and contributors.
J.
Accept donations. To accept by gift, grant, transfer or bequest,
any money, real estate, or personal property. Such money and the proceeds
of the sale of or the income from such real estate or personal property
shall be paid into the pension fund.
On the second Tuesday in May, annually, the City Treasurer and
all other City officials who had custody of any pension funds, shall
make a sworn statement to the pension board, and to the Mayor and
City Council, of all moneys received and paid out by them on account
of the pension fund during the year, and of the amount of funds then
on hand and owing to the pension fund. All surplus then remaining
with any official other than the Treasurer shall be paid to the Treasurer
of the City. Upon demand of the pension board, any official shall
furnish a statement relative to the official method of collection
or handling of pension funds. All books and records of that official
shall be produced at any time by him for examination and inspection
by the Board.
A.
Any police officer and any eligible surviving spouse, child or children,
or dependent parent of the officer to whom the Board has ordered benefits
to be paid shall receive a yearly benefit payable in 12 equal monthly
installments, which shall be the aggregate amount to which they are
entitled.
B.
If at any time there is insufficient money in the fund to pay the
benefits under this article, the City Council shall make every legal
effort to replenish the fund so that all beneficiaries may receive
the amounts to which they are entitled. If, thereafter, there still
remain insufficient funds, the beneficiaries shall be paid pro-rata
from the available funds, but no allowance or order of the Board shall
be held to create any liability against the City, but only against
the pension fund.
The Board shall report to the City Council on the condition
of the pension fund. The report shall be made prior to the Council
meeting held for the levying of taxes for the year for which the report
is made. The Board shall certify:
All pensions, funds or disability pension benefits granted under
this article, and every portion thereof, shall be exempt from attachment
or garnishment process and shall not be seized, taken, subject to,
detained or levied upon by virtue of any judgment, or any process
or proceeding whatsoever issued out of or by any court for the payment
and satisfaction in whole or in part of any debt, damage, claim, demand
or judgment against any pensioner, refund applicant or other beneficiary
under this article.
The amount of any overpayment, due to fraud, misrepresentation
or error, of any pension or benefit granted under this article may
be deducted from future payments to the recipient of such pension
or benefit.
A.
None of the benefits provided in this article shall be paid to any
person who is convicted of any felony relating to or arising out of
or in connection with his or her service as a police officer.
B.
Nothing herein to the contrary shall, however, impair any contract
or vested right acquired prior to July 1, 1955, under any law continued
in the Act, nor preclude the right to a refund.
C.
All persons entering service with the Columbia Police Department
after July 11, 1955, are deemed to have consented to the provisions
of this section as a condition of coverage.
The provisions of the Administrative Review Law, and all amendments
and modifications thereof and rules adopted pursuant thereto, shall
apply to and govern all proceedings for the judicial review of final
administrative decisions of the Board provided for under this article.
The "Administrative Review Law" is that law contained in 735 ILCS
5/3-101 et seq. The term "administrative decision" is as defined in
735 ILCS 5/3-101.
Article 3 of the Illinois Pension Code, as amended (40 ILCS
5/3-101 et seq.), is incorporated in and made part of this article
the same as if set forth herein verbatim for such details and matters
as are not set forth in this article. In case of any conflict between
the provisions of this article and Article 3 of the Illinois Pension
Code, the applicable provisions of the Illinois Pension Code shall
control. If and as the Illinois Pension Code is amended, from time
to time, the provisions of this article, insofar as same may vary
from the provisions of the Illinois Pension Code, shall automatically
be construed to have been amended to conform to the Illinois Pension
Code.
A.
The City Council shall annually levy a tax upon all the taxable property
of the City at the rate on the dollar which will produce an amount
which, when added to the deductions from the salaries or wages of
police officers, and revenues available from other sources, will equal
a sum sufficient to meet the annual requirements of the Police Pension
Fund. The annual requirements to be provided by such tax levy are
equal to: 1) the normal cost of the pension fund for the year involved;
plus 2) the amount necessary to amortize the fund's unfunded accrued
liability as provided in Section 3-127 of the Act. The tax shall be
levied and collected in the same manner as the general taxes of the
City, and in addition to all other taxes now or hereafter authorized
to be levied upon all property within the City, and shall be in addition
to the amount authorized to be levied for general purposes as provided
in 65 ILCS 5/8-3-1 of the Illinois Municipal Code, as amended.
B.
The Police Pension Fund shall consist of the following monies, which
shall be set apart by the City Treasurer and earmarked for the Police
Pension Fund:
(1)
All moneys derived from the taxes levied hereunder;
(2)
Contributions by police officers under Section 3-125.1 of the
Act;
(3)
All moneys accumulated by the City under any previous legislation
establishing a fund for the benefit of disabled or retired police
officers; and
(4)
Donations, gifts or other transfers authorized by this article
and the Act.
