Texas Vernon's Texas Civil Statutes - Article 6243d-1. Policemen's Relief And Retirement Fund
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Art. 6243d-1. POLICEMEN'S RELIEF AND RETIREMENT FUND.
Creation of Fund; Definitions
Sec. 1. There is hereby created in all incorporated cities in
this State having a population of two hundred and ninety thousand
(290,000), or more, according to the preceding Federal Census, a
fund to be known as the policemen's relief and retirement fund.
Said fund shall be administered in each such city by a board to be
known as the policemen's relief and retirement board.
The expression "pension fund," as used herein, shall mean the
policemen's relief and retirement fund. The expression "pension
board," as used in this Act, means the policemen's relief and
retirement board of each such city. All members of the police
department of any such city shall participate in said pension fund,
and shall be subject to all of the provisions of this Act, save and
except special officers, part-time officers, janitors, car
washers, and cooks. With the exceptions just named, it is the
intention hereof to include everyone who is designated by any such
city as a member of said police department, regardless of the
particular duty or duties performed by such person. The
expressions "member" and "members," as used in this Act, mean
members of any such police department who are entitled to
participate in said pension fund as above set forth, that is, the
entire personnel of any such police department, save and except
special officers, part-time officers, janitors, car washers, and
cooks, in each city.
Pension Board
Sec. 2. Said pension board in each such city shall consist of
one person to be appointed by the mayor and confirmed by the city
council or governing body of such city, the city controller, or, if
there be no city controller, then the person discharging the duties
of the city controller in such city, and three (3) persons to be
elected from the police department by the members. As soon as
practicable after the effective date of this Act, said members of
each such police department shall elect said three (3) members of
said pension board, one to be elected until the next succeeding
January 1st thereafter, and two (2) to be elected until the second
January 1st following such election, and thereafter, as the terms
expire, new members to said pension board shall be similarly
elected to hold office until the second January 1st following their
respective elections. In case of vacancies, new members shall be
elected to serve the unexpired term. All persons elected to said
pension board shall hold office until their successors are elected
and qualified. Any member shall be eligible to election to said
pension board.
Said pension board shall annually elect a chairman,
vice-chairman, and a secretary, from the members of said pension
board. Each one so elected, shall serve until his successor is
elected.
A meeting of said pension board may be called at any time by
the chairman, secretary, or by any two (2) members of such pension
board. Three (3) members of said pension board shall constitute a
quorum for the transaction of business.
Each member of said pension board shall take an oath that he
will well and faithfully perform the duties of a member of such
pension board.
No moneys shall be paid out of the pension fund except upon an
order by said pension board, duly entered in the minutes.
Treasurer of Pension Fund
Sec. 3. The city treasurer of any such city, or the person
discharging the duties of the city treasurer, is hereby designated
as the treasurer of the said pension fund for said city, and his
official bond to said city shall operate to cover his position of
treasurer of said pension fund. All moneys of every kind and
character collected or to be collected for said fund, shall be paid
over to said treasurer, and shall be administered and paid out only
in accordance with the provisions of this Act.
Per Capita Contributions
Sec. 4. Commencing with the next calendar month, immediately
following the effective date of this Act, per capita contributions
of all such members of each such police department as participate in
such fund, as aforesaid, shall be made to said fund. Said monthly
per capita contribution shall be made as follows: The salary and
future salary of each member participating in such fund is hereby
reduced Three Dollars ($3) per month, but said Three Dollars ($3)
per month shall be paid by such city into the said pension fund. No
other money paid into said pension fund, however, shall be counted
as a part of salary, under any law or ordinance fixing or pertaining
to salaries of members, of any such police department.
Accumulated Funds
Sec. 5. In all such cities where a general pension fund for
city employees has been accumulated but has not been put into
operation at the effective date of this Act, the governing body of
each such city shall segregate from said fund, the proportion which
the total number of members of the police department (eligible to
said pension fund) bears to the entire number of all city employees,
for whose benefit said fund was accumulated, and shall set aside
such sum into the policemen's relief and retirement fund.
Assignments of Salary to Fund
Sec. 6. Any members who have or may have any back or past due
salary due them, from any such city, may assign all or any portion
of such back salary to said pension fund, and such assignments as
have or may hereafter be executed by any such members, are hereby
validated and shall be recognized by the governing body of any such
city, and such sums, if any, shall be paid into the said pension
fund.
Appropriations to Fund Out of General Funds of City
Sec. 7. Any such city may make additional appropriations from
time to time out of its general fund, or otherwise, into the said
pension fund, and hereafter when any such city shall make any
appropriations for pensions of city employees or place any money
into any such account, the proportionate amount thereof shall be
placed in the policemen's relief and retirement fund. Said pension
fund may also be augmented as follows: By the giving of
entertainments and benefit performances; by gifts or donations
from any person, firm, or corporation; all rewards hereafter paid
to or due individual members for, or on account of service rendered
by them as members of the police department, shall be paid into such
fund; and said pension fund shall also participate in funds
otherwise provided or that shall hereafter be provided by law
pertaining to police pensions of cities of the class herein
provided for.
Investment of Surplus Funds
Sec. 8. Whenever, in the opinion of the said pension board,
there is on hand in said pension fund, a surplus over and above a
reasonably safe amount to take care of current demands upon such
funds, such surplus, or so much thereof as in the judgment of the
said pension board is deemed proper, may be invested in securities
of the United States, the State of Texas, or of counties, school
districts, or municipal corporations. No investment shall be made,
however, which does not meet with the approval of the city
controller, if any, of such city.
Benefits to Begin Not Prior to January 1, 1942
Sec. 9. No benefits of any kind shall be paid out of said fund
prior to January 1, 1942.
Pension Rates
Sec. 10. From and after January 1, 1942, any member who shall
have been a member of such police department for the period of
twenty-five (25) years, and who shall have reached the age of fifty
(50) years, shall be entitled to a retirement pension of
Seventy-five Dollars ($75) per month for the rest of his life upon
his retirement from said police department. Upon the completion of
the said twenty-five (25) years of service, such pension board
shall issue to him a certificate showing that he is entitled to said
retirement pension, and thereafter, when such member retires from
the police department, whether such retirement be voluntary or
involuntary, such monthly payments shall forthwith begin, and
continue for the remainder of said member's life. Provided,
however, that payments shall not commence until such member is
fifty (50) years of age, and further provided that members who are
eligible for a pension but who continue in the department shall make
their per capita contributions until they retire from the
department.
In computing the twenty-five (25) years service required for
retirement pension, interruption of less than one year out of
service, shall be construed as continuous service and such period
out of service shall not be deducted from the twenty-five (25)
years, but if out for more than one year and less than five (5)
years, credit shall be given for prior service, but deduction made
for the length of time out of service. If out of service more than
five (5) years, no previous service prior to said time shall be
counted.
Service with any such city in some other department, prior to
January 1, 1939, shall be included in the twenty-five (25) years
above provided for, but service after January 1, 1939, must be in
the police department. The pension board may, within its
discretion, provide for the payment of such retirement pension to a
former member or members of the police department who have
heretofore served for the twenty-five-year period and who have
reached the age of fifty (50) years, and it is the intention hereof
to include in the group of former members those who have heretofore
been retired by any such city and who are drawing partial pay or
compensation from such city.
Disability Resulting From Performance of Duty
Sec. 11. If any member shall become totally or permanently
disabled as a direct and proximate result of the performance of
duties in the police department, said member shall be retired on a
pension of Seventy-five Dollars ($75) per month.
By total and permanent disability is meant such disability as
permanently incapacitates a member from performing the usual and
customary duties of a police officer.
Before any retirement on disability pension is made, the
pension board shall require such medical examination and such other
evidence as it may see fit to establish such total and permanent
disability, as above provided.
When any member has been retired for total and permanent
disability, he shall be subject at all times to re-examination by
the pension board and shall submit himself to such further
examination as the pension board may require. If any member shall
refuse to submit himself to any such examination, the pension board
may within its discretion, order said payment stopped. If a member
who has been retired under the provision of this Section, should
thereafter recover so that in the opinion of the pension board, he
is able to perform the usual and customary duties of a police
officer, and such member is reinstated or tendered reinstatement in
the police department, then the pension board shall order such
payments stopped.
Said pension board may, at its discretion, retire on said
permanent and total disability pension, those members of said
police department who have heretofore become totally and
permanently disabled, as that term is above defined.
Death Resulting From Performance of Duty
Sec. 12. Should any such member die, as a direct and proximate
result of injuries received or sickness incurred in line of duty in
said police department, the pension board shall order paid to the
beneficiaries hereinafter designated, the sum of Seventy-five
Dollars ($75) per month for a period of ten (10) years. Such
beneficiaries shall be as follows: The surviving wife, surviving
children under the age of sixteen (16) years, and the dependent
parent or parents, if any. If there be neither surviving wife,
children under the age of sixteen (16) years, nor dependent
parents, then no payments shall be made on account of the death of
any such member. If there be a surviving wife, but no children
under the age of sixteen (16) years, then the entire payment of
Seventy-five Dollars ($75) per month shall be made to such
surviving wife. If there be a surviving wife and children under the
age of sixteen (16) years, then the payments shall be Thirty-seven
Dollars and Fifty Cents ($37.50) per month to the wife and
Thirty-seven Dollars and Fifty Cents ($37.50) per month payable to
the legal guardian of such children, to be administered in
accordance with the orders of the Probate Court. As each child
becomes sixteen (16) years of age, the children's part of
Thirty-seven Dollars and Fifty Cents ($37.50) per month shall
thereafter be for the use and benefit of the children who then
remain under the age of sixteen (16) years. When there are no
longer any children under the age of sixteen (16) years, the entire
amount of Seventy-five Dollars ($75) per month shall be paid the
surviving wife. When there is no surviving wife, but there are
surviving children under the age of sixteen (16) years, the entire
Seventy-five Dollars ($75) per month shall be paid to the legal
guardian of such children under the age of sixteen (16) years, but
such payment shall not be made for or on account of any child after
said child reaches the age of sixteen (16) years. Should such
surviving wife thereafter die, then the entire Seventy-five Dollars
($75) shall likewise be paid for the benefit of such children as
remain under the age of sixteen (16) years. If there be neither a
surviving wife nor surviving children under the age of sixteen
(16), then such payments shall be made to the dependent parent, or
parents, if any, of such deceased member. If there be two (2)
dependent parents, then the Seventy-five Dollars ($75) per month
shall be divided equally between them, but if there be only one
dependent parent, the Seventy-five Dollars ($75) per month shall be
paid to said parent.
The term "dependent parent" means a parent who is principally
dependent upon said member for a livelihood.
By the term "surviving wife" is meant the woman, if any, who
is the lawful wife of said member at the time of his death.
No death benefits whatever shall be paid after the expiration
of ten (10) years from the death of any said member, and no
beneficiary shall ever receive more than Seventy-five Dollars ($75)
per month.
In the event of women members of the department, their
surviving husbands shall be entitled to the same rights and
benefits as have the wives of the male members.
Pension to Dependents, When
Sec. 13. When any member who has been retired upon pension,
whether retirement pension or disability pension, or when any
member who has a pension certificate shall thereafter die from any
cause, his pension of Seventy-five Dollars ($75) per month shall be
payable to his dependents, if any, as is provided in the next
preceding Section hereof, but only for the unexpired portion of ten
(10) years. In computing said ten (10) years, such length of time
as a pension may have been paid to said member during his lifetime
shall be deducted from such ten-year period, and such dependents
shall receive said payment only for the unexpired term of ten (10)
years.
Refunds on Leaving Service
Sec. 14. If any such member shall leave such police
department either voluntarily or involuntarily before he is
entitled to a pension, he shall have refunded to him the deductions
from his salary, which have been paid into said pension fund. Said
payments may be made to him, either in a lump sum or on a monthly
basis, as may be determined by the pension board.
Provided, however, that this Section shall be subject to
Section 10 and upon a re-entry into the department all such refunds
shall be paid back into the pension fund or prior service of such
member shall not be counted toward his retirement pension.
Reduction of Benefits Authorized in Case Fund is Depleted
Sec. 15. In the event said pension fund becomes seriously
depleted, in the opinion of the pension board, said pension board
may proportionately and temporarily reduce the benefits of all
pensioners and beneficiaries, but such reductions shall thereafter
be paid to such pensioners or beneficiaries as and when said fund
is, in the opinion of the pension board, sufficiently
re-established to do so.
Legal Counsel for Board
Sec. 16. The city attorney of any such city shall render such
legal service, and without additional compensation, as such pension
board may request him to do. The pension board may, if it deems
necessary, employ additional legal assistance and pay reasonable
compensation therefor, out of said police pension fund. Said
pension board, may at its discretion, from time to time, employ the
services of an actuary, and pay him reasonable compensation out of
said police pension fund.
Pensions Not Subject to Execution, Etc.
Sec. 17. No portion of any such pension fund, either before or
after its order of disbursement by said pension board, and no
amounts due or to become due any beneficiary or pensioner, under
this Act, shall ever be held, seized, taken, subjected to,
detained, or levied upon by virtue of any execution, attachment,
garnishment, injunction, or other writ, and no order or decree, or
any process or proceeding whatsoever, shall issue out of or by any
Court of this State for the payment or satisfaction in whole or in
part out of said pension fund, of any debt, damage, claim, demand,
or judgment against any such members, pensioners, dependents, or
any person whomsoever, nor shall such police pension fund or any
part thereof, or any claim thereto be directly or indirectly
assigned or transferred and any attempt to transfer or assign the
same or any part thereof, or any claim thereto, shall be void. Said
fund shall be sacredly held, kept, and disbursed for the purposes
provided by this Act, and for no other purposes whatsoever.
Severability Clause
Sec. 18. If any provision, section, part, subsection,
sentence, clause, phrase, or paragraph of this Act be declared
invalid or unconstitutional, the same shall not affect any other
portion or provision hereof and all other provisions shall remain
valid and unaffected by any invalid portion, if any.
Act to be Cumulative to Other Laws
Sec. 19. The provisions hereof shall be cumulative of and in
addition to all other laws relating to pensions, which laws are
hereby preserved and continued in force and effect, provided,
however, that in the event of any conflict, the provisions of this
law shall control, and police departmental pensions in the cities
covered by this Act shall be administered in accordance with this
law.
Acts 1939, 46th Leg., p. 105.
Article: 6228e 6228h 6228j 6243b 6243c 6243d 6243d-1 6243e 6243e.1 6243e.2(1) 6243e-2 6243e-3 6243f-1 6243g-4
Last modified: August 11, 2007
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