[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.
B. The corporate authorities of the City find and declare that the findings of fact and conclusions of law stated in Subsection
A are true and correct and bind the City to create and administer the Police Pension Fund provided for in this article.
[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.
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.
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:
A. The assets in its custody at such time;
B. The estimated receipts during the next succeeding calendar year from
deductions from the salaries of police officers, and from other sources;
and
C. The estimated amount required during the calendar year to:
(1) Pay
all pensions and other obligations provided in this article; and
(2) Meet
the annual requirements of the fund as provided in Section 3-125 of
the Act.
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.
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.