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577. +~ ' . . ORDINANCE NO. ~~ 7 7 AN ORDINANCE ESTABLISHING THE WEST MEMPHIS, ARKANSAS, POLICEMEN'S PENSION AND RELIEF FUND AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. There is hereby created and established the Policemen's Pension and Relief Fund of the City of West Memphis, Arkansas, under the provisions of Amendment 31 of the Constitution of the State of Arkansas, and the Arkansas Statutes enacted pursuant thereto. Section 2. Annually hereafter a tax of not to exceed one mill on the dollar on the assessed value of all the real and personal property within the City of West Memphis, Crittenden County, Arkansas, shall be levied by the City of West Memphis, Arkansas, for the West Memphis Policemen's Pension and Relief Fund. Such levy shall be made by the City Council of the City of West Memphis, Arkansas, on or before the time fixed by law for levying county taxes, and such City Council shall make out and certify to the county clerk, by resolution, the rate of taxation levied by the City of West Memphis on the real and personal property within such city. The amount so certified shall be placed upon the tax books by the County Clerk of Crittenden County and collected in the same manner that state and county taxes are collected, and shall be turned over to the Board of Trustees of the Policemen's Pension and Relief Fund of the City of West Memphis, Arkansas. Section 3. The Board of Trustees of the Policemen's Pension and Relief Fund of West Memphis, Arkansas, shall consist of five (5) members and shall be composed of the Chairman of the police committee who shall be Chairman of the Board, the City Treasurer, who shall be the treasurer of said fund, a member of the Police Department who shall be elected by the members of the Police Department, who shall be secretary of the board and who shall serve for a period of two (2) years, or until his successor shall be elected and qualified. These three aforementioned mem- hers shall select the other two members of the board, one of which shall be a reputable physician, who shall represent the Board of Trustees in the examination of any member of the depart- ment upon a claim of disability. The fifth member of the board shall be a reputable citizen and shall not hold any public office. Each member of said board so selected shall serve for a period of two (2) years, or until his successor is elected and qualified. Section 4. On or before October 1st of each year, the Board of Trustees of the Policemen's Pension and Relief Fund of the City of West Memphis shall make out and certify to the City an estimate of the amount of money necessary to pay retirement salaries and pensions to policemen, and pensions to the widows and minor children of deceased policemen, and widows and minor children of deceased retired policemen, for the following year, and the City shall make its levy against the real and personal pro- perty of the City of West Memphis, sufficient to raise and provide the sum of money estimated and certified by the Board of Trustees of the Policemen's Pension and Relief Fund. However, the annual levy for the pensions herein provided for shall not exceed one mill on the dollar of the assessed value of the real and personal pro- perty within the City of West Memphis, Arkansas. Section 5. The Board of Trustees shall have absolute control and management of the funds in said West Memphis Police- men's Pension and Relief Fund, and all moneys donated, paid or assessed for the relief or pension of disabled, superannuated and retired members of the Police Department, their widows and minor children, or widowed mother, solely dependent upon such member for her support. The board shall make all necessary rules and regulations for its government and the discharge of its duties and shall hear and decide all applications for relief or pension and this decision upon said aplication shall be final and conclusive not subject to review or reversal except by the board. The board shall cause to be kept a record of all its meetings and proceedings. The Board of Trustees shall have the power to draw such sums from its treasury and to invest said sums in the name of the Board of Trustees of the West Memphis Policemen's Pension and Relief Fund, in interest bearing bonds of the United States, the State of Arkansas, or of the City in which such board is located, or in savings and loan associations duly established and authorized to do business in the State of Arkansas. All such securities shall be deposited with the treasurer of the Board of Trustees of the pension and relief fund and subject to the order of said board. Section 6. All moneys paid from said pension and relief fund shall be paid by the treasurer only upon warrants signed by the Chairman and countersigned by the secretary thereof. No war- rant shall be drawn except by order of the board, and interest accruing from the fund while on deposit or otherwise shall consti- tute a part of said fund. Section 7. There shall be added to the West Memphis Policemen's Pension and Relief Fund, the following moneys: (a) All forfeitures and fines imposed from time to time upon any member of the Police Department by way of discipline. (b) All money given or donated to such fund. (c) All money deducted from the salary of any member of the Police Department on account of -3- absence or loss of time. (d) One-half of all reward paid for any purpose. (e) Four per cent of the monthly salary of each member of the Police Department, to be deducted each month by the City and immediately paid to the Board of Trustees of the Policemen's Pension and Relief Fund. Section 8. There shall also be assessed and collected a penalty of S1.00 for each conviction of a moving traffic violation, such conviction arising out of the unlawful operation of a motor vehicle in violation of municipal ordinances of the City of West Memphis and/or the laws of the State of Arkansas. Such penalty shall also apply to each conviction for the violation of a crimi- nal law of the State of Arkansas. The term "conviction" shall include forfeiture of bond, and any bond posted pursuant to a charge or violation for the violation of any law or ordinance shall include the 51.00 additional penalty provided for herein. These penalties herein mentioned shall be deemed to be collected for the benefit and use of the West Memphis Policemen's Pension and Relief Fund and all such penalties collected under the provisions of this Section shall be remitted by the collecting officials to the trea- surer of the Board of Trustees of the West Memphis Policemen's Pension and Relief Fund, on or before the fifth day of the month next following the month of collection thereof. Section 9. In the event of resignation or discharge from the Police Department of any member thereof, all moneys deducted from his salary shall be immediately returned to him with- out interest. Section 10. If any member of the Police Department of the City of West Memphis, Arkansas, shall become, physically or mentally, permanently disabled, and this fact shall be certified to by the physician on the Board of Trustees, the Board of Trustees -4- shall retire such disabled member from service upon half pay, which is one-half of the monthly compensation received by said officer at the time of his retirement; provided, that such retire- ment on half pay shall in no instance be less than 550.00 per month, regardless of whether such minimum amount should exceed one-half of said member's monthly compensation. Section 11. If any member of said West Memphis Police Department, shall, while in the performance of his duty, be killed or dies as a result of injuries received in the performance of his duty, or shall die of disease contacted (contracted) by reason of his occupation, or shall die from natural causes while in said service, shall leave a widow or child or children under the age of eighteen (18) years surviving, the said Board of Trustees shall direct a payment from said pension and relief fund monthly to such widow, while unmarried, of 5125.00, and for each child until it reaches the age of eighteen (18) years, but not exceeding six (6) children, an allowance of 525.00 per month. Should he leave no widow or children, but a widowed mother, solely dependent upon his support, the board shall pay her the sum of 5125.00 monthly, as long as she remains unmarried. Provided, that if any member of the Police Department retired and pensioned under the provisions of this act shall die while so retired and pensioned, leaving a widow or children or widowed mother surviving (such widow or children or widowed mother) shall be entitled to a pension as aforesaid. Provided further that if any policeman marries after he has retired, his widow shall not be entitled to any pension. Section 12. The Board of Trustees by a majority vote of the members and with the approval of the physician on said board, shall have the power to retire from service in the depart- meat any member thereof who has become disabled, when it has been -5- certified to the Board of Trustees in writing by the physician on said board that such member because of disability is incapacitated either mentally or physically from the performance of his duties `~ as a member of said department; provided that no member shall be retired because of disability from natural causes unless he has served in said department for a period of five (5) years; provided, that no member of the department shall be retired because of a disability of any nature except upon examination and approval of the physician of the Board of Trustees. Provided further, that any member of the department who has performed faithful service in the department for a period of not less than twenty (20) years shall be eligible for voluntary retirement, and the Board of Trustees upon written application for retirement by said member to the board, shall place such member upon the pension roll at one-half the actual compensation based upon his highest compensa- tion year during his time of service, provided, the minimum monthly pension paid to said retired members shall not be less than 5100.00 per month regardless of whether said retired member's monthly salary shall equal this minimum sum or not. Provided further, that any member of the department who is eligible for voluntary retirement and who shall continue to work for said department shall receive the sum of 55.00 per month upon retirement in addition to his regular monthly retirement pay for each continuous year that he shall work over and above his twenty years, but in no instance shall he receive more than 550.00 per month in addition to his regular retirement pay. P rovided that any person employed in the police department after April 1st, 1963, unless retired for dis- ability purposes, shall not be eligible to retire until such per- son has attained the minimum age of 51 years. Section 13. If any member be retired because of any -6- disability, it shall be the duty of said member to have an examina- tion made of himself by the physician on the Board of Trustees at least once every six (6) months, and if he shall have recovered from such disability, it sY~all be the duty of the Board of Trustees to stop the payment of said pension and place such member back in service on the police department and the time of his retirement shall be considered as continuous service in such department. A member receiving the examination shall pay to the physician examin- ing him a fee of 55.00 for the examination so made. Section 14. If at any time there should not be sufficient money in said fund to pay each person a full amount to which he or she may be entitled, the beneficiaries shall be paid by pro rating the fund available among them. Section 15. There shall be kept in the office of the Board of Trustees by the secretary a book known as the List of Retired Policemen. This book shall give the full and complete history and record of action of the Board of Trustees in retiring any and all persons under this ordinance, such record shall give the name, date of joining the department, date of retirement and reason thereof, the date and finding of the physician of each examination made of disabled members of the department retired under the provisions of this ordinance. Section 16. When entitled to a pension as provided by this ordinance, a widow or child or a widowed mother shall make application to the Board of Trustees through the secretary of said board. Accompanying such application shall be the proof of the marriage of the deceased member to the widowed claimant. Proof of the birth of children shall be shown by the baptismal or Board of Health certificate. Applications and proof shall be retained -7- in the custody of the board, and due notice of such action shall be registered by the secretary in his office. Section 17. The board shall deposit all moneys in the ~,~ bank selected as the fiscal agent of the City of West Memphis, pro- vided said moneys draw the same rate of interest as the City receives on its deposits, otherwise the board shall make its own selection of the bank. Section 18. The Board of Trustees shall report to the council of the City of West Memphis the condition of said pension fund on the first regular meeting of the West Memphis City Council of January of each year. Section 19. No portion of said pension and relief fund shall, at any time, be subject to seizure or to be levied on under any process whatsoever for the payment of any claim or debt held against any disabledmember or the widow or widowed mother or child of a deceased or retired member, but the said fund shall be securely held and distributed for the purpose of pensioning the persons men- tinned in this ordinance, and for norther person or purpose what- soever. Section 20, The treasurer shall be custodian of said pension fund, and shall keep his books and accounts concerning said funds in such manner as may be prescribed by the board; said books and accounts shall be subject to the inspection of any member of the board. The treasurer shall within ten (10) days after his selection, execute a bond to the Board of Trustees with good and sufficient securities, in such penal sum as the board shall direct, conditioned for the faithful performance of the duties of his office; and that on the expiration or retirement of his term of office, he shall surrender and deliver to his successor all unexpended moneys and all property which may have come into his hands as treasurer of said fund. Such bond shall be filed in -8- -.. the off ice of the Board of Trustees and in case of a breach of same, suit may be brought on said bond in the name of said board, or in the name of any person or persons injured by said breach. Section 21. Whenever an active or retired policeman shall die, or be killed, the Board of Trustees shall appropriate from the fund the sum of 5100.00 to go toward defraying a portion of the funeral expenses of said decedent. Section 22. Every member of the department must file with the secretary the name or names to whom death benefits are to be paid, and relations of such beneficiary or beneficiaries. Section 23. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provi- lions hereof. Each sentence and clause is expressly declared to be severable from the remainder, and should any part be declared unconstitutional, then the remainder shall continue and remain in full force and effect. Section 24. The establishment of an adequate pension and relief fund for the Police Department being essential to the efficient and orderly operation of the West Memphis Police Depart- ment, and the same being necessary for the preservation of the immediate peace, health, safety and welfare of the inhabitants of the City of West Memphis, Arkansas, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and approval. Passed and approved this day of ~~o~~fL~/, 1968. ~~ / ,, MAYOR -~ Atte `"~ C ity Clerk