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HomeMy WebLinkAboutOrdinance 2003 s a • . a ORDINANCE N0. AN ORDINANCE CREATING A POLICEMENIS RELIEF, RE- TIREMENT AND PENSION FUND; LEVYING AND APPRO- PRIATING FUNDS FOR THE ESTABLISH11ENT THEREOF FOR THE NEXT ENSUING FISCAL YEAR AND FOR FUTURE YEARS AND REPEALING ORDINANCE NO. 1644; PRO- VIDING FOR DIRECTING THE DISTRIBUTION OF SAID FUND; CREATING AND PROVIDING FOR THE SELECTION OF A BOARD OF TRUSTEES; PRESCRIBING THE DUTIES, POWERS, QUALIFICATIONS, TIME OF MEETING OF SUCH BOARD; PROVIDING FOR MEMBERSHIP; PROVIDING FOR AND PRESCRIBING THE TIME AND MANNER OF DETERMIN- ING ASSESSMENTS UPON POLICEMEN PARTICIPATING IN THE BENEFITS HEREUNDER AND FOR THE ACCEPTANCE OF DONATIONS AND OTHER GIFTS OF MONEY IN AUGMENTA- TION OF SUCH FUND; PROVIDING FOR RETIREMENT AND PENSION OF POLICEMEN BECAUSE OF DISABILITY AND AGE, THE LENGTH OF SERVICE AND PRESCRIBING THE QUALIFICATIONS, AMOUNTS, MANNER OF OBTAINING AND WHO SHALL BE ELIGIBLE TO RECEIVE SUCH BENEFITS; PROVIDING FOR REFUNDS; PROVIDING FOR AND PRES- CRIBING THE AMOUNT OF ALLOWANCE OR BENEFITS TO A WIDOW, DEPENDENT CHILDREN OR DEPENDENT PARENTS IN THE EVENT OF DEATH AND DEFINING WHO MAY PAR- TICIPATE AS SUCH BENEFICIARIES; EXEMPTING BENEFITS UNDER THIS ORDINANCE; AND PROVIDING FOR THE EXEMPTION OF BENEFITS AS PROVIDED IN SECTION 15 OF ARTICLE 6243B, AND FURTHER PROVIDING THAT SUCH BENEFITS UNDER THIS ORDINANCE SHALL NOT BE ASSIGNABLE; PROVIDING FOR MEDICAL EXAMINATIONS AND PROVIDING FOR THE INVESTMENT OF THE SURPLUS OF THE FUND; PROVIDING FOR THE CONTRIBUTIONS OF THE CITY OF FORT WORTH BY ANNUAL AND MONTHLY APPROPRIATIONS TO SAID FUND; PROVIDING FOR THE SEPARATION OF FUNDS FOR THE PROTECTION OF SAID SYSTEM; PROVIDING FOR ANNUAL ACTUARIAL VALUATIONS; AND NAMING AND DESCRIBING SAID FUNDS FOR ACCOUNT- ING PURPOSES; PROVIDING FOR THE TRANSFER OF FUNDS; PROVIDING FOR INVESTIGATIONS AND PROVIDING A SAVING CLAUSE. _ OEM& i WHEREAS, Article 6243-B, of the Revised Statutes of the 'State of Texas, provides that all incorporated cities and towns con- taining more than One Hundred Thousand (100,000) inhabitants and Mess than One Hundred and Eighty-Five Thousand (185,000) inhabitants (according to the last preceding Federal Census, having fully paid ( Fire and Police Departments, shall provide and constitute a Board of Trustees of the Firemen, Policemen, and Fire Alarm Operators? !Pension Fund for the purpose of providing for retirement pensions, disability pensions and death benefits for the members of said de- ,Ipartments; and, WHEREAS, Article 6243-B, Section 16, provides that in such icities subject to said pension law, if it is deemed advisable and a ( majority of the members of the Fire Department or Police Department vote to authorize and provide for the maintenance and administration of Pension Funds for each department independent and apart from each other, that said division and separation shall be permitted and shall apply to the management, control and disposition of said funds; land., WHEREAS, by reason of the fact that the Legislature of Texas did, by the passage of Article 6243=E, (Acts of 1937, 45th Le- gislature, H. B. #258) create the Firemenfs Relief Pension Fund, and thereby provide for the levying of a tax against insurance companies for the support and maintenance of said fund, and further provide a complete pension system for the Firemen of this State, including the Firemen of the City of Fort Worth, it has become necessary and de- sirable that the Police Pension Funds and Firemenfs Pension Funds be kept separate and apart; and that members of the Fort Worth Po- lice Department, by reason of the fact that ample provision for (pensions has been made for the members of the Fire Departments, have heretofore unanimously voted that said pension funds be maintained land administered separately and apart from each other; that such faction was had in strict compliance with Section 16, of Article 16243-B, of the Revised Statutes of the State of Texas, providing for a separation of such funds, and for the maintenance of a Police Pension System separate and apart from the pension system of the ,Fire Department; and, WHEREAS, Article 6243-C, Section 6, of the Revised Statutes hof the State of Texas, provides that 'tall cities included in the pot- !pulation brackets of Article 6243-B, Acts of the First Called Session of the 43rd Legislature, shall hereafter from the effective date of ;this act (1933) be deemed to have a pension system without the ne- cessity of any election or any action on the part of the City Coun- cil, and such City Council or. Governing Board shall immediately provide adequate funds for the payment of pensions under the terms of Article 6243-B and the terms of said act*; and, WHEREAS, Section 7, of Chapter 11, of the Charter of the City of Fort Worth provides that the City Council may grant by or- dinance relief to members of the department of police permanently disabled in the discharge of their duties and provide for the organi- zation and administration of a pension fund for the benefit of old, disabled and infirm members of the Police Force; and, WHEREAS, in view of the fact that Ordinance No. 1644, of the City of Fort Worth, providing for the establishment of a pension fund for the members of the Fire and Police Departments has become inoperative and of no force and effect by reason of the failure of the City Council to appropriate funds from year to year for the payment of the pensions provided for in said ordinance, and as the members of the Fire Department have been provided with a complete and adequately financed pension system by the State of Texas, thus re- lieving the City of Fort Worth of such expenditures, but in effect resulting in descrimination against the Police Department, it be- comes imperative and in the interest of the public welfare and imme- diate provision be made by the City Council of the City of Fort Worth for the establishment and maintenance of a pension system for the members of the Fort Worth Police Department in order to carry out the policies and mandatory requirements announced by the Legislature of Texas and the provisions of the Charter of the City of Fort Worth as set forth above; and, WHEREAS, in addition to the requirements of the law, it is deemed wise, expedient and advantageous and to the best interests of the City of Fort Worth in the proper, efficient and economical administration of the Police Department that the members of said department should be, in some measure, compensated at the expira- tion of a definite period of honest and faithful service by the creation of an adequate fund for their benefit and also for the bene- fit of their dependent children, and dependent parents; and, WHEREAS, in order to properly maintain said pension system and death and disability funds in the future it has been determined that said funds and the appropriation to be made to it annually, at hereinafter described by the City of Fort Worth, should not be in anywise considered a gratuity, donation or bounty, but a contractual pension system, whereby the appropriation made and to be made by the City of Fort Worth each month and year is to be and considered as a part of the compensation paid to police officers in consideration of their hazardous employment and special services to the City of Fort Worth and its citizens; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Section 1. In consideration of the contributions made and to be made by the members of the police department of the City of Fort Worth under the conditions and provisions hereinafter set forth, and in consideration of services rendered and to be rendered in the future by the members of said department to the City of Fort Worth and its citizens, the City of Fort Worth, acting by and through its City Council, hereby appropriates the sum of $3V00.00 out of the anticipated revenues for the ensuing fiscal year beginning October(/ 11 1938, for the purpose of providing a pension fund and death and disability benefits for the benefit of the members of the Fort Worth Police Department, their widows, dependent children, and other dependents, and it is contemplated that a like and adequate amount ' to properly carry out the purpose of the pension system herein created shall be included in the budget of each fiscal year in the future, such future appropriations to be made in consideration of future contributions made and services rendered by the members of said department, entitling each qualified member to participate in the total accumulated funds upon the terms and conditions herein- after set forth; that the amounts of such future contributions shall also be determined by valuations to be made of said fund annually as more particularly hereinafter described. Section 2. There is hereby created a pension fund and it shall be held and administered under the control of the Mayor, two council- men and two citizens selected from the ranks of the Police Depart- ment of the City of Fort Worth to be designated by the Mayor, the Chief of the Police Department, the Chief of the Fire Department, (or the City Manager of Fort Worth, if designated to act by the Chief of the Fire Department) and their successors, and as such, the above named shall constitute-, a Board of Trustees of the Police De- partment Pension Fund, designated in Article 6243-B as the Firemenfs, Policemen's and Fire Alarm Operators' Pension Fund. Said Board is to provide for the disbursement of said fund and to designate the beneficiaries thereof, and shall be known as the Policemen's Pension Fund Trustees of Fort Worth, Texas, provided, however, that in the event any question of the name of said Board should arise, the offi- cial name of said Board shall be *Board of Firemen's Policemen's and Fire Alarm Operators' pension Fund, Trustees of Fort Worth, Texas". The Board shall hold its office until the next general election in such city for municipal offices; said Board shall organ- ize by choosing one member as Chairman and by appointing a secretary; -3- such Board shall have charge of and administer said fund and shall order payments therefrom in pursuance of the provision of this ordi- nance, which is enacted in conformity with Article 6243-B, Revised IStatutes of Texas. It shall report annually to the governing body �of the City of Fort Worth the condition of the said fund and the ;receipts and disbursements on account of the same with a complete Ilist of the beneficiaries of said fund and the amounts paid them. I�Section 3. On the first day of October, 1938, and on the first day l�of October each succeeding year thereafter, the City Council shall turn over to said trustees the sum of $30,000.00, which amount to- gether with interest as it may accrue shall constitute a separate and distinct fund and shall not be used for any purpose except for pensions as provided by this ordinance, and such pensions shall only be paid after certification by the trustees as above named, in con formity with the laws of this State; that said amount after October Itime lst, 1938, may be diminished or increased according to valuations to be made of said fund annually as hereinafter set forth, but at no shall said contribution by the City of Fort Worth be less than ithe amount required to maintain the pension system in full force and (effect as provided by Article 6243-B of the Revised Statutes of Texas. Section 4. The benefits of such system for which provisions have hereafter been made shall become effective from and after the first day of October, 1938, and shall extend to and be enjoyed at that time by such persons as may show they are eligible for them, provid+ ling, however, that no person shall be eligible for retirement as hefe- !after provided until after the 1st day of October, A. D. 1940. 4ection, 5. Each fully paid policeman in the employ of the City of Fort Worth, who desires himself or his beneficiaries to participate jlin said fund shall file a written statement with the City Secretary INof his desire to participate in said fund and authorize the deduction !of a sum of $5.00 from his wages each month, semi-monthly, to form (part of the fund known as the Policemen' s Pension Fund, and the City IjAuditor of the City of Fort Worth is hereby authorized to make such I1deductions and pay same over to the City Secretary to be deposited to the account of said pension fund. Any donations made to such fund and received by any member of said department and all funds received from any source for such fund may be deposited in like manner to the credit of such fund. Section 6. The Board shall hold regular monthly meetings and other meetings upon call of its chairman. It shall issue orders signed by the President or chairman and secretary to the persons entitled thereto, of the amount of money ordered paid to such persons from such fund by said Board which order shall state for what purpose such payment is to be made; it shall keep a record of its proceedings which record shall be a public record; it shall at each monthly meet- ing send to the City Treasurer a written list of persons entitled to payment from the fund, stating the amount of such payment, and for ; ghat granted, which list shall be certified to and signed by the president or chairman and secretary of such Board* attested under ( oath. The treasurer shall enter a copy of said list upon the book to Abe kept for that purpose, which book shall be known as the *Record of Policemen' s Pension Fund", of Fort Worth, Texas, and the said Board shall direct payments of the amounts named therein to the per- son entitled thereto out of said fund. No money of said fund shall j. be disbursed for any purpose without a vote of a majority of the Board, which shall be a no and yes vote entered upon the proceedings of the Board. Section 7. The City Secretary and Treasurer of the City of Fort , Worth shall be ex-officio treasurer of laid fund. All money for said fund shall be paid over to and received by the treasurer for the use of said fund, and the duties thus imposed upon such treasurer shall The additional duties, but he shall receive no compensation therefor. I -4- Section 8. Any person who at the establishment of said fund, or thereafter shall have been duly appointed and enrolled in the police department of the City of Fort Worth, who makes application for par- ticipation in said fund and who has filed his written application within thirty (30) days after the organization of such Board or who shall file his application within thirty (30) days after becoming a member of such department and who shall have allowed said de- ductions from his salary, as well as the beneficiaries hereinafter named, shall be entitled to participate in said fund. Any Police officer employed at the date of the passage of this ordinance, or hereafter employed by the City of Fort Worth, after the expiration of three (3) months service in said police department shall be re- quired, as a condition of his employment, to become a member en- titling him to participation in said fund, and he shall authorize the deductions provided for herein. Section 9. Whenever any member of said department who shall have contributed a portion of his salary, as provided herein, shall have served twenty-five (25) years or more in said department and shall . have attained the age of fifty (50) years, shall be entitled to be retired from said service upon application, and shall be entitled to be paid from said Fund a monthly pension of $75.00 per month, pro- vided, however, that this portion of said ordinance shall under no condition become effective until after October lst, 1940. Section 10. Whenever any member of the police department of the City of Fort Worth and who is a contributor to said fund as provided, shall become so permanently disabled through injury received, or disease contracted, in the line of duty as to incapacitate him for the performance of duty, and shall make written application therefor approved by a majority of the Board, he shall be retired from service and be entitled to receive from said fund $75.00 per month as a member of said department, at the time he became disabled, to be paid in regularly monthly installments. mDisease contracted in lire of dutye, under the terms of this ordinance, shall be construed to mean only such disease as is directly and immediately caused from duty-service, and the determination of the Board upon such claims shall be final. Payments under this section shall be made from the Disability Fund only as more particularly hereinafter described. Section 11. In the event any member eligible to participate in said fund, having made contributions thereto, shall sever his connection with the police department of the City of Fort Worth for any reason voluntary or by discharge, he shall be entitled to receive from sad fund the amount contributed by him and in addition thereto 3J% inter- est upon such contributions, subject to the condition hereafter set forth. Section 12. The monthly contributions of the individual members from salary deductions shall be invested in such securities as are now or may hereafter be authorized by the laws of the State of Texas for the investment of the funds of legal reserve life insurance com- panies. An individual record shall be maintained of the amount of the contribution of each employee and the total interest income shall be distributed and credited at the end of each calendar year on the basis of the accumulated salary deductions as of the beginning of the year, and the total of said individual employeels credits, after such interest credit shall have been made, must equal the total accumulated securities and cash in this fund. In the event an em- ployee withdraws from service before retirement, the amount of his reserve as of the beginning of the calendar year may be withdrawn by him in cash at the time of leaving the service, provided, however, that no member shall be entitled to withdraw funds without first giv- ing the Board sixty (60) days wrftten notice of such intention. In the event a member is discharged from the service, for misconduct or any other reason, and an appeal is filed by such member to the Civil Service Board, the Board of Trustees shall not pay over the contributions described above until said appeal is finally and comp- pletely adjudicated. In the event of the death of an employee while in the service of the department, the amount of his reserve from his -5- Section 10 (a) . Death from accidental injury incurred in line of duty shall be construed to mean accidental injury received while o actual duty as a policeman when the injury received totally disabl the member from date of accident and results in his death within ninety (90) days from the date of the accident. Likewise, death from disease contracted in line of duty shall mean disease, such a Influenza and/or pneumonia, following exposure while on duty which causes the total disability of the member within ten10 days of such exposure and results in his death within ninety 90) days frolt the beginning of such total disability. ,Any claim made because of death caused by injury incurred in line of duty or disease contracted in line of duty which does not come within the two foregoing defi- nitions shall be subject to the approval of the Board of Trustees of said fund. a a i contributions may in like manner be withdrawn or paid by the Board of Trustees in monthly installments; provided, however, no with- drawal of accumulated contributions will be allowed at death if death results from accident incurred or disease contracted while line of duty, and the widow or other beneficiary of the deceased i* paid an income of $75.00 or more for a period of ten years. In th$ event of total and permanent disability of an employee that has existed for six months or more, the Board of Trustees shall have the right to use the accumulated reserve from his contributions in a like manner to provide a disability income to the employee and/off his widow or designated beneficiaries in monthly installments, and! any reserve so used shall be deducted in the event of death or lat r withdrawal. When an employee remains in the service to the age of retirement, his accumulated reserve upon retirement shall be trans- ferred to the flCurrent Pension Fund". Until such contributions are placed in the Current Pension Fund as herein provided the contribu- tions by the employees shall be maintained separate and apart from other funds provided for herein and shall be referred to and design- ated "Member's Pension Reserve Fund.fl Section 13. In the case of the death before or after retirement of any member of the Fort Worth Police Department resulting from disease contracted or injury received while in the line of duty, and who at the time of his death or retirement was a contributor to said fund leaving a widow and no children, the widow shall be entitled to receive monthly from said fund an amount not exceeding I of the base pay of a private per month, and if not retired before death J of the base pay of a private per month; and, if at the time of the death of such contributor, under the circumstances and conditions herein- above set forth, such contributor leaves a child or children under seventeen years of age and the wife of such contributor is dead or divorced from such contributor, the child or children under seven-' teen years of age shall be entitled to receive monthly from said fund an amount not exceeding 1/3 of the base pay of a private per month, said sum to be paid equally divided among said children under seventeen years of age if more than one; and if at the time of the death of said contributor under the conditions hereinabove set forth, such contributor leaves a widow and a child or children -- under seventeen years of age, the widow shall be entitled to re- ceive monthly from said fund for the joint benefit of herself and such child or children an amount not exceeding J of the base pay of a private per month, and if not retired before death, J of the base pay of a private per month, said payments to be made uhtil such child or all said children, if mewe than one as the case may be, shall reach the age of seventeen years, and after said child or all of said children, as the case may be, have reached the age of seventeen years, then the widow shall be entitled to receive monthly from said fund for herb benefit an amount not exceeding J of the base pay of a private per month, and if not retired before death J. of the base pay of a private per month. In no case shall the amount paid to any one family exceed monthly the amount of J of the base pay of a private per month. On the re-marriage of any widow, such pensia�i paid to her and for her benefit shall cease and in the event that II there are child or children under seventeen years of age at the time of said re-marriage, 1/3 of the base pay of a private per month shall be paid monthly to the widow for' the sole benefit of the chid or children under the age of seventeen years; provided, however, that the pension board, if it finds that such payments to the widow are not being used for the benefit of said child or children may order said monthly benefits paid to►said child or children instead of to said widow, who has remarried. Where there is more than one child of such contributor the benefits herein provided for shall b� equally divided among the children and upon the marriage or death of any child receiving such pension, or upon any child receiving such pension reaching seventeen years of age, such pension payment for the benefit of said child shall cease, and if there remains a child or children under seventeen years of age, the share of said child so married or reaching seventeen years of age, shall be paid for the benefit of the remaining child or children under seventeen, years of age. In the event that a contributor leaves a widow and -6- child or children under seventeen years of age who are not the children of said widow, the pension board may, in its discretion either pay monthly to the widow for the benefit of herself and said child or children, an amount not exceeding J of the base pay of a private per month as hereinabove provided, or said Board may order 1/4 of the base pay of a private per month paid to the widow and 1/4 of the base pay of a private per month paid to said child or children. No widow or child of any such member resulting from any marriage contracted subsequent to the date of retirement of said mem- ber shall be entitled to a pension under this ordinance. The above described payments to the widow, children and dependents shall be specifically limited as to total payment in a sum not to exceed $150.00 per month for 24 months and thereafter a monthly income of $75.00 per month for 96 additional months irrespective of the age of any of the beneficiaries named or described herein; said paymen s shall be made only from the Accidental and Death Fund and shall no be paid from any other fund described in this ordinance. This li- mitation on the state law is designed to preserve said system upon a sound financial and actuarial basis. The same limitations shall apply to Section 14, hereafter set forth. Section 14. If any member of the police department dies from in- juries received or disease contracted while in the line of duty wh was a contributor to said fund and entitled to participate in said fund himself, leaves no wife or child, but who shall leave surviv g him a dependent father, mother, brother or sister, wholly dependen upon said pension for support, such dependent father, mother, brother and sister shall be entitled to receive in the aggregate 2 of the base pay of a private per month, to be equally divided between thoe who are wholly dependent on said deceased, so long as they are who ly dependent. The Board shall have the authority to determine the facts as to the dependency of said parties, and each of them, as t how long the same exists, and may at any time upon the request of any contributor to such fund, reopen any award made to any of said parties and discontinue such pension as to all or any of them as i may be proper and the findings of said Board in regard to such matter and as to all pensions created under this law shall be fins upon all parties seeking a pension as a dependent of said deceased until such award of the trustees shall have been set aside and re- voked. Section 15. The Board shall consider all cases for the retirement and pension of the members of the police department rendered neces Bary or expedient under the provisions of this ordinance, and all applications for pensions by widows and the children and of depen- dent relatives, and the said trustees shall give written notice to persons asking a pension, disability or death benefits, to appear before said Board and offer such sworn evidence as he or they may desire. Any three members of said department who are contributors to said fluids may appear either in person or by attorney and contest the application for participation in said funds by any person cls - ing to be entitled to participate therein, and may offer testimony in support of such contest. The president or chairman of said Board shall have authority to issue process for witnesses and administer oaths to said witnesses and to examine any witness as to any matte affecting retirement, disability or death pensions tLuder the provi sions of this ordinance. Such process for witness shall be served by any member of the police department and upon the failure of any witness to attend and testify, he or she may be compelled to atten and testify, as in any judicial proceeding. Section 16. Such Board may cause any person receiving any pension or any other benefits under the provisions of this ordinance, who has served less than twenty (20) years, to appear and undergo a medical examination as a result of which the board shall determine whether the relief in said case shall be continued, increased, de- creased or discontinued. If any person receiving relief under the provisions of this ordinance, after due notice, fails to appear Mi undergo such examination, the Board may reduce or entirely discon- tinue such relief. -7- Section 17, The contributions hereby made and to be made to the pension fund by the City of Fort Worth and by appropriation month) and annually as hereinabove set forth shall be referred to and is hereby designated as the Pension Reserve Fund of the City of Fort Worth. The contributions by the City of Fort Worth for the retire went of officers shall be made in the following manner: With each remittance of the total salary deduction of the members of J5.00 each per month, the City of Fort Worth shall remit an amount equal to $8.00 per each man monthly out of the annual appropriations above described, which shall be credited and maintained perpetual) as the Pension Reserve Fund of the City of Fort Worth. This fund shall be invested in such securities as are now or may hereafter b authorized by the laws of the State of Texas for investment of fun( s of legal reserve life insurance companies. There shall be mainta ed an individual employeets reserve record and the accumulated reserve on each individual record by reason of contributions from the City to its pension reserve fund must always equal the amount in the pr - portion described above, to wit, in a ratio of 5 to 8 of the mem- berts individual reserve credit in the members' pension reserve fund. In the event of the death or withdrawal of a member the amount of his accumulated reserve in this fund, or a part thereof, shall first be used to bring the individual reserve credits up to a 3 earned interest basis, and any amount in excess of said sum and no required for said purpose shall be transferred to the "Current De- ficiency Pension Fundx hereinafter more particularly described. In the event a member has made the contributions described above, and should die from injuries sustained outside of his line of duty, or should die from any cause not compensible under this law, then his heirs at law shall be entitled to receive, upon proof of heirship, all contributions made by the member to said fund, plus 3 inter- est. In the event an employee continues in service until the age o retirement, the amount of his accumulated reserve in the pension reserve fund of the City of Fort Worth and in the members' reserve pension fund shall be transferred to the current pension fund for the payment of the pension as provided for herein. The current pension fund shall be referred to and is hereby disignated as the fund out of which pensions and benefits shall be paid and a separate card index shall be maintained showing the exa t status of said fund at all times. Money and securities belonging in said current pension fund shall be maintained in the same type of securities required for the other funds herein described, provided however, that it shall be the duty of the board when reinvesting the money of the current pension fund, to provide securities that may be maintained on a liquid basis in order that said fund shall be assur- ed of having sufficient cash on hand at all times to promptly meet the payments due therefrom. Future obligations of the current pen- sion fund shall be computed annually according to the Combined Annuity Table with an interest assumption of 3 per annum and a copy of the valuation report covering this fund shall be furnished to the Auditor of the City of Fort Worth, and to each employee and each person receiving an income from this fund. If such valuation report shall show that said fund is at any time more than 105% solvent, the amount of funds in excess of 105% may be transferred by the Board of Trustees, with the consent of the City Council, to the Current Deficiency Reserve Fund. No other payments or transfers from said fund shall be made except for the payment of the benefit as herein provided. There shall be and there is hereby created a "Current De- ficiency Reserve Fund", which said fund shall receive its contri- butions from the transfers of money and security from the current pension fund as above described or from any other source. In addition to the $5.00 contribution per month per membe appearing on the pension rolls eligible to retirement, out of the appropriation hereinabove described, and after said contributions -8- are transferred to the City's pension reserve fund, there shall be paid out of said appropriation an amount sufficient to pay $2.50 p month for each employee of the department, which said amount shall be placed in the fund hereby designated as the nAccidental Death Fund. Said fund shall be used for the purpose of paying the deat benefits provided for in this pension ordinance. The payment of death benefits herein contemplates injuries received and disease contracted while in the performance of duty as set forth above. It is further provided, however, that in the event death should occur from accidental injury incurred not on duty, the widow or the designated beneficiary shall be paid a monthly income from the acci- dental death fund in the sum of $130.00 per month for a period of not to exceed twenty-four (24) months; that the payment of $2.50 per month by the City of Fort Worth for each employee of the department will permit the relaxation of the State law to the extent that the sum mentioned to wit, $130.00 per month for twenty-four (24) months, may safely be provided for herein as extra compensation for the hazardous nature of the service rendered by the members of said de- partment in addition to the death benefits payable for injury re- ceived or disease contracted in the performance of duty. For the purpose of this ordinance ffinjuries received or disease contracted line of duty " shall mean and shall be construed to mean by the Board, the performance of duty as a police officer in the enforce- ment of the law or any regular duty imposed upon one engaged in la enforcement work, and shall not be restricted in such a manner as to contemplate employment during a regularly defined shift for a certain number of hours in the general course of employment, but it shall equally apply to any police officer who is a regular contributing member to said fund who voluntarily or in obedience to call during off hours or hours other than those at which he is regularly re- porting for duty, receives an injury or contracts a disease while in the performance of his duty. Section 17(a) There shall be and there is hereby created a "Disabi- lity Fund", which said fund shall be supplied out of the appropria- tion above described and by contributions in the sum of $2.50 per month for each employee of the department making regular contribu- tions to the pension fund. Said fund shall be used for making pay- ments of $75.00 per month in the event of permanent and total dis- ability as provided for in Section 10 hereinabove. No disability income shall be payable out of the disability fund to any employee who is continued on the payroll of the department at a salary of $75.00 per month or more. The Board of Trustees of the pension fund shall have the right at any and all times to have an actuarial valuation made of the accidental death fund and of the disability fund and in the event it is shown from said actuarial valuation made upon an interest assumption of not more than 3 and upon reliable disability tables that one or either of said funds is more than 110% solvent, then all funds not required to maintain said percentage of solvency shall be immediately transferred to the "Current Deficiency Reserve Fund. Section 18. All police officers and those members of the police de partment paid out of the police department budget and those partic pating directly or indirectly in the enforcement of the criminal statutes of the State of Texas and the ordinance of the City of For Worth who have filed their application and who are regularly enroll d as members in said department and eligible for participation in sa fund and have contributed a portion of their salaries are hereby de- clared to be members of the police department of the City of Fort Worth and they and their beneficiaries shall have the same rights and privileges as are herein granted to other members of such de- partment of cities operating under and by virtue of Article 62.43-B, of the Revised Statutes of Texas, and all provisions of this ordi- nance shall be retractive as the length of time served by any membe of said department. The records of said department shall be prima facie evidence of the age of each member and length of service. -9- Section 19. No amount awarded to any person under the provisions of this ordinance shall be liable for the debts of any such person; shall not be assignable and shall be exempt from garnishment or other legal process. Section 20. Should any part, portion, section or part of a sectio of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or ,judgment shall in no way effect the remaining portions, parts, sections or parts of sections of this ordinance, which provi- sion shall be, remain, and continue to be in full force and effect. I Section 21. Ordinance No. 1644 is hereby repealed. Section 22. This ordinance shall take effect and be in full force and effect from and after the first day of October, A. D. 1938.