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estimate shall have been completed at the time of taking effect of this section as amended, the amount required to make the salary adjustments specified or allowed by this section for the fiscal year nineteen hundred and twenty beyond the budget appropriation therefor may be taken from any appropriate fund of the city, or in case there be no such fund, such money shall be provided by the issue of bonds to be known as "special revenue bonds" which shall mature within one year after their date and shall be payable out of the taxes of the next succeeding fiscal year.

§ 2. Chapter three hundred and seventy-eight of the laws of nineteen hundred and twenty, entitled, "An act to amend the second class cities law, in relation to salaries," is hereby superseded in so far as to apply to the city of Utica.

§ 3. This local law shall take effect immediately.

CITY OF WATERTOWN

LOCAL LAW No. 1

A local law in relation to the firemen's pension fund and providing for the administration thereof.

Became a law October 9, 1926. Passed by the local legislative body of the city of Watertown.

Be it enacted by the council of the city of Watertown as follows:

Section 1. The firemen's pension fund is hereby continued and re-established and nothing in this local law contained shall be so construed as to effect the rights of any fireman as they exist or may relate to the firemen's pension fund under the provisions of law heretofore enacted and effective at the time this local law takes effect.

§ 2. The firemen's pension fund shall be deposited with the city treasurer and shall be kept separate from all other funds and deposited in such banks as shall be designated by the board of trustees. The control of said fund is hereby vested in a board to be known as the board of trustees and which shall consist of the mayor, who shall be president of the board, one commissioner to be selected annually by the council, the city manager, the chief of the fire department and one fireman to be selected annually in such way as the men of the fire department shall decide upon, and such fireman shall act as secretary of the board. Said board shall, as soon as may be after this local law takes effect establish rules and regulations for the conduct of its business, and shall make provision for the holding of an annual meeting and regular meetings.

§ 3. All moneys paid from said pension fund shall be paid by check or warrant in the manner provided in the charter of the city of Watertown for disbursement of city funds.

§ 4. All funds received by any member of the fire department by virtue of the provisions, or any part thereof, of this local law, shall be immediately paid to the chief of the fire department, and shall be by him paid to the city treasurer, on or before the last day of the month, and a written report filed with the secretary of the board showing by items the amount so received and deposited and the sources from which received.

§ 5. The firemen's pension fund shall consist of all moneys contained therein at the time this law takes effect and in addition thereto.

(a) All fines and penalties or forfeitures collected from any officer or member of the fire department.

(b) All rewards, fees or gifts which may be received by any officer or member of the fire department for extraordinary services rendered, unless the board of trustees directs that such officer or member may retain the same.

(c) All sums of money or property which may be contributed to the fire department or raised by entertainments given for the benefit of the firemen's pension fund.

(d) One per cent of the monthly pay of each officer and member of the fire department; said sum to be deducted by the city treasurer and credited the firemen's pension fund.

(e) All moneys required by any law of this state to be paid by agents of insurance companies not incorporated under the laws of this state, for the use and benefit of fire department of cities, to which the city of Watertown or the fire department may be entitled.

§ 6. The board of trustees shall have the power in its discretion, upon the certificate of a physician or surgeon designated by it, to retire from membership any member of the fire force, who, after ten years service therein, becomes superannuated by age, permanently insane, or physically or mentally incapacitated, so as to be unfit or unable to perform full fire duty by reason of such disability, or disease, contracted without fault or misconduct on his part in said service and to thereupon grant him a pension in an amount to be fixed by the board in its discretion.

§ 7. The board of trustees of the firemen's pension fund may retire and dismiss from membership any member who has performed duty in the paid fire department for a period of twenty years, or upwards, upon the application in writing of such member showing that he has become permanently incapacitated from performing full fire duty by reason of disease or disability caused or induced by injury or by long service or exposure while in the line of duty without fault or misconduct on his part, upon the sworn certificate of a physician or surgeon designated by the board, showing such member to be permanently disabled physically or mentally so as to be unfit for duty, and to thereupon grant a pension to the member so retired of an annual sum equal to one-half of his salary or compensation at the time of retirement.

§ 8. Any member of the fire department who has served twentyfive years in the paid department and who shall have reached the age of fifty-five years or upwards, may, upon application in writing be retired from the fire department, by said board, and the board shall thereupon grant a pension to such retired member of an annual sum of not less than half of his salary or compensation at the time of retirement.

§ 9. The trustees of the firemen's pension fund shall grant a pension to that widow of a member of the fire department who is killed in the actual performance of duty or who may have retired pursuant to the provisions of section eight of this local law, and may grant a pension to a widow of a member of the fire department who has been retired on account of disability, disease or injuries contracted or received while in the performance of duty. The minimum amount of such widow's pension, which may be increased from time to time by the board, shall be twenty-five dollars per month. If in addition to the widow, the deceased member leaves a child or children, under the age of sixteen years, then the combined pension for said widow and for all of said children may

be increased to thirty dollars per month, and may in the discretion of the board be divided between the widow and child of children in such proportion and in such manner as it may direct; and if the deceased member leave a child or children under sixteen years of age and no widow, or if a widow, then after her death, the board may grant to the child or children under sixteen years of age a pension in such amounts as it may direct, the aggregate of which shall not exceed the sum of thirty dollars per month. If the deceased member leave no widow or child, but a parent or parents wholly dependent upon him for support, the board may grant such pension to the parent or parents, or to the survivor thereof. When a member of the fire department who has been retired on a pension thereafter marries, his widow and the children of such marriage shall not be entitled to a pension under this local law.

§ 10. The pension to a widow shall terminate upon her remarriage, and a pension to a child or children upon their reaching the age of sixteen years, or to such child or children if they marry before reaching the age of sixteen years.

§ 11. The trustees of the firemen's pension fund may revoke any pension granted, or any part thereof, except in the case of the members retired after twenty-five years service or retired because of permanent total disability received in the performance of duty. But if said total disability should disappear, said trustees may then revoke said pension.

§ 12. The moneys, securities and effects of the firemen's pension fund and all pensions and moneys granted and payable from said fund are and shall be exempt from execution and from all process and proceedings to recover the same or to enjoin or stay the payment of the same by or on behalf of any creditor or person having or asserting any claim, debt or liability against any pensioner of said fund.

§ 13. The board of trustees is hereby authorized to invest said pension fund or any part thereof in securities designated by law as legal for trust funds and savings banks. All interest, income or dividends received from such investments shall belong to and constitute a part of the firemen's pension fund.

§ 14. Section one hundred and fifty-eight-a, one hundred and fifty-eight-b, one hundred and fifty-eight-c, of chapter seven hundred and sixty of the laws of eighteen hundred and ninety-seven, amended by chapter two hundred and eighty-nine of the laws of nineteen hundred and nine, entitled, "An act to revise the charter of the city of Watertown" and the provisions of sections seventyeight, seventy-nine, eighty, eighty-one, eighty-two and eighty-three of chapter six hundred and sixty of the laws of nineteen hundred and twenty-three, entitled "An act to revise the charter of the city of Watertown, New York," in so far as they may be inconsistent with the provisions of this local law, are hereby superseded. § 15. This local law shall take effect sixty days after its adoption.

INDEX

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expenditures, when made by contract to lowest bidder. Law 1.....
funds, enumeration of. Law 2....

Auburn:

charter, appointment of commission to draft new. Law 2....
streets, opening, widening and extending. Law 1...

Batavia:

Law 4.

ashes, collection of. Law 2.
compensation, fixation of.
garbage, collection of. Law 2.
hearings, public. Law 1..
refuse, collection of.

swill, collection of.

Beacon:

21

34

76

9

8

8

8

9

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civil actions, conditions under which certain may be maintained.
Law 9

26

ordinances, enactment of and publication. Law 1.

firemen's relief and pension fund. Law 7..
gasoline tanks, placing or maintenance of in city. Law 5.
lands, sale, transfer or otherwise disposing of. Law 2.
obligations, creating. Law 4.....

pavement, defraying cost of constructing, widened, on accepted street
other than park approach or main thoroughfare. Law 10..

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police pension fund. Law 8.....

20

streets, acquiring, opening, closing, contracting, discontinuing and
change of grade. Law 3..

12

Cohoes:

contracts, officers not to be interested in. Law 1..

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liquor, to provide for enforcement of law in relation to. Law 1....
city officers, salaries of. Law 2....

31

40

Dunkirk:

city officers, fixing salaries and compensation. Law 1......

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compensation, increase officer's and employees. Law 1..
firemen's pension fund, pensions to widows, children and dependents.
Law 3
police pension fund, administration of. Law 2.

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