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charge or control of said police department, to be paid and given for or on account of any extraordinary service of any member of the force, and all moneys arising from the sale of unclaimed property or money, after deducting all expenses incident thereto, shall be credited to said police relief fund; and the board of trustees are authorized to take by gift, grant, devise, or bequest any moneys or real or person al property, upon such terms as to the investment or expenditure thereof as may be fixed by the grantor or determined by said trustees. The trustees of the police relief fund may also receive such uniform amounts from each person designated by the rules of the police department a member thereof, as he may voluntarily agree to, to be deducted from the monthly pay of said person, and the monthly amounts so received shall be used as a fund to increase the pensions which may be granted to such persons or their beneficiaries, or in the discretion of the board of trustees of the police relief fund, the money derived from such monthly deductions may be used to relieve members of the force who contribute thereto when sick or disabled from the performance of duty, for funeral expenses, relief of their families in case of death or for pensions when honorably retired from the force. (d) Tle treasurer of every municipality having a Who custo

dian of fund; police relief fund shail be the custodian of said fund, and cond. shall pay out the same upon the proper order of the board of trustees. Said treasurer shall execute a bond for the faithful performance of his duties with respect to this fund, and in such sum and form as shall be satisfactory to said board of trustees. (e) The board of trustees of said police relief fund Investment of

fund. may invest any moneys received by them other than those raised by taxation under this section in interest bearing bonds of the United States, of the state of Ohio, or of any county, township, school district or municipal corporation in this state. Said board of trustees shall make a report to the council, board of legislation, or other legislative body of the municipality, of the condition of said fund on the first day of January of each year.

(f) The board of trustees of the police relief fund Rules and shall make all rules and regulations for the distribution of regulations. said fund, including the qualifications of those to whom any portion of said fund shall be paid, and the amount thereof; provided, that no such rules and regulations shall be in force until the same have been approved by the police commissioners or other board or officer having charge or control of the police department in any such municipality. (g) All persons drawing pensions or enjoying or en- Who benefic

iaries of fund. titled to the same or oher relief from existing police relief or pension funds, are hereby made beneficiaries in any police relief funds created under this section in the same municipality where said persons are beneficiaries in said existing police pension or relief funds, and shall remain such,

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receiving such amounts and subject to such rules as govern

the distribution of said existing police pension or relief Upon organ

funds. Upon the organization of any board of trustees of ization board a police relief fund created under this section, all moneys, shall become

credits, investments and property, of every kind and desimilar board now existing scription held by existing police pension or relief boards in pality.

any municipality where new boards are organized under this section, shall by said existing boards be delivered, transferred and conveyed to said new boards, and the said new boards created under this section are hereby made the successors of the existing boards as to the ownership of all such

property. Trustees of SECTION 3. (a) In any municipal corporation in this the sanitary police, pen

state, having, or which may hereafter have, a sanitary police sion fund.

force, supported in whole or in part at the public expense, the council, board of legislation or other legislative body may, by ordinance, declare the necessity for the establishment and maintenance of a sanitary police pension fund for the purposes hereinafter enumerated; and thereupon there shall be created a board of trustees, in the manner herein provided, who shall be known as the “Trustees of the sanitary police pension fund," and who shall administer and distribute the fund authorized to be raised by this section.

(b) The board of trustees of the sanitary police pension fund shall consist of the board or officer having charge or control of the health department in any municipal corporation availing itself of the provisions of this section, and five other persons, members of the sanitary police force of such corporation, to be chosen as follows: The board or officer having charge or control of the health department shall give notice of an election to be held on the second Monday of the month following the determination of said board or officer to create a sanitary police pension fund under the authority of this section; said notice shall be by posting the same in a conspicuous place at the headquarters of said force; each person in the asnitary police force, who, by its rules, is designated a member thereof shall, between the hours of nine o'clock in the forenoon and six o'clock in the afternoon on the day designated, send or cause to be sent, by mail or otherwise, in writing, the names of five persons, members of such sanitary police force, who shall be the choice of the member so voting; and all votes so cast shall be counted and canvassed by the board or officer having charge or control of the said health department, who shall announce the result, and the five members of the sanitary police force receiving the highest number of votes shall become members of the board of trustees of the sanitary police pension fund for the ensuing year. In case of a tie vote being received by any two persons for the office of trustee, such tie vote shall be decided by casting lots, or in

any other way which may be agreed upon by the persons Term of mem- for whom such tie vote was cast. The members so elected bers,

shall serve for one year and until their successors are elected, and the election for such members of the board of trustees

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shall be held annually upon the second Monday of the same month upon which the first election occurs. In case of a Vacancies.. vacancy by death, resignation or otherwise among the five members so elected, the remaining member or members so eiected shall choose the successor or successors until the next annual election; provided, that upon the petition of a majority of the members of the sanitary police force in any such municipality, the board or officer having charge or control of the health department may designate a less number than five members of said sanitary police force to be elected trustees of said sanitary police pension fund. The presid- Officers of

board. ing officer of the board having charge or control of the health department, or the officer in charge or control of said department, shall be president of the board of trustees of the sanitary police pension fund created under this section, and the secretary, clerk, or corresponding officer of the health department shall be seceretary of the board of trustees of the sanitary police pension fund, and in case there be no secretary, clerk, or corresponding officer of said health department, the board of trustees of the sanitary police pension fund shall appoint the secretary of their board. It shall be the duty of such secretary to keep a full record of all the proceedings of the board of trustees of the sanitary police pension fund, and said trustees may fix his compensation for this work, which shall be paid out of said pension fund.

(c) In every municipality availing itself of the pro- Sanitary povisions of this section, there shall be a sanitary police pen- fund, how sion fund, which shall be maintained as follows: The coun- created. cil, board of legislation, or other legislative body of such municipality are hereby authorized to levy annually, at the time and in the manner provided by law for other municipal levies, and in addition to all other levies authorized by law, a tax not exceeding one-sixtieth of a mill on each dollar upon all the real and personal property as listed for taxation in such municipality, and in the matter of such levy the board of trustees of the sanitary police pension fund shall be subject to all the provisions of law controlling the heads of departments in any such municipality, and shall fulfill all the duties required of such heads of departments ; provided, that a failure of such board of trustees to act in the manner required by law of the heads of departments in any such municipality in the making of such levy shall not limit the power of the council, board of legislation, or other legislative body, to make said levy; and provided further, that in case the council, board of legislation, or other legislative body, shall fail in any year to make the levy herein authorized then and in that event there shall be passed to the credit of the sanitary police pension fund such portion of the tax raised under sections 4364-9 to 4364-17, inclusive, of Bates' Revised Statutes of Ohio, required in such sections to be passed to the credit of the general fund in any such municipality, as will equal the amount that would be realized from a one-sixtieth of a mill levy on each dollar upon all the real and personal property as listed for taxa

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tion in such municipality; provided, that such portion so used, of the tax raised under said sections 4364-9 to 4364-17 inclusive, shall not exceed one-thircieth of the amount of said tax required in such sections to be passed to the credit of the general fund in any such municipality. All fines imposed upon any member of the sanitary police force in any such municipality by way of discipline or punislıment by the board or officer having charge of the health department, and all proceeds of suits for penalties for the violation of any statute oi this state, or ordinances of such municipality with the execution of which the health department is charged, and license or other fees payable under tlie same, shall be credited to said pension fund; and the board of trustees of said fund are authorized to take by gift, granit, devise or bequest, any moneys or real or personal property, upon such terms as to the investment or expenditure thereof, as may be fixed by the grantor or deterniined by said trustees. The trustees of the sanitary police pension fund may also receive such uniforin amounts from each person designated by the rules of the sanitary police force a member thereof, as he may voluntary agree to, to be deducted from the monthly pay of said person, and the monthly amounts so received shall be used as a fund to increase the pensions which may be granted to such persons or their beneficiaries.

(d) The treasurer of every municipality having a sanitary police pension fund shall be the custodian of said fund and shall pay out the same upon the proper order of the board of trustees. Said treasurer shall execute-a bond for the faithful performance of his duties with respect to this fund, and in such sum and form as shall be satisfactory to said board of trustees.

(e) The board of trustees of said sanitary police pension fund may invest any money's received by the other than those raised by taxation under this section in interest bearing bonds of the United States, of the state of Ohio or of any county, township, school district or municipal corporation in this state. Said board of trustees shall make a report to the council, board of legislation, or other legislative body of the municipality of the condition of said fund on the first day of January of each year.

(f) The board of trustees of the sanitary police pension fund shall make all rules and regulations for the distribution of said fund including the qualifications of those to whon any portion of said fund shall be paid and the amount thereof; provided, that no such rules and regulations shall be in force until the same have been approved by the board or officer having charge or control of the health department in any such municipality.

(g) All persons drawing pensions or entitled to the same from existing sanitary police pension funds, are hereby made beneficiaries in any pension funds created under this section in the same municipality where said persons are beneficiaries in said existing pension funds, and shall remain

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such, receiving such amounts and subject to such rules as govern the distribution of said existing sanitary police pension funds. Upon the organization of any board of trustees l'pon organiof a sanitary police pension fund, created under this sec- shall become tion, all moneys, credits, investments, and property of every similar board kind and description held by existing sanitary police pen- now existing

in any municsion boards in any municipality where new boards are or

ipaltiy. ganized under this section, shall by said existing boards be delivered, transferred and conveyed to said new boards, and the said new boards created under this section are hereby made the successors of the existing boards as to the ownership of all such property.

SECTION 4. The following acts and all other acts, or Repeals. parts of acts, inconsistent herewith, are hereby repealed : An act passed April 7th, 1893, entitled, “An act to amend sections I and 4 of an act entitled 'An act to create and perpetuate a board of trustees of the firemen's pension fund, to provide and distribute such fund for the pensioning of disabled firemen, and the widows and minor children and dependent mothers or fathers of deceased firemen, in cities of the third grade of the first class, and of the third grade of the second class,' passed March 16th, 1887, and as amended March 8th, 1889"; an act passed March 16th, 1887, entitled "An act to create and perpetuate a board of trustees of the firemen's pension fund, to provide and distribute such fund for the pensioning of disabled firemen, and the widows and minor children and dependent mothers or fathers of deceased firemeh, in cities of the third grade of the first class, and of the third grade of the second class"; an act passed March 27th, 1889, entitled, "An act to create and perpetuate a board of trustees of the firemen's pension fund, and to provide and distribute such fund for the pensioning of disabled firemen, and the widows and minor children and dependent mothers and fathers of deceased firemen; to authorize the retirement from all service, or the relief from active service, and the pensioning of any such member of the fire department, and for the other purposes in connection therewith, in cities of the first grade of the first class”; an act passed April 14th, 1900, entitled, “An act to amend sections 2477-2, 2477-4, 2477-8 and 2477-14 of the Revised Statutes of the state of Ohio as enacted March 27th, 1889 (86 O. L., 149)”; an act passed April 18th, 1890, entitled, “An act to create and perpetuate a board of trustees of the firemen's pension fund; to provide and distribute such fund for the pensioning of disabled firemen and cadet employes and the widows and dependent children, mothers or fathers of deceased firemen and cadet employes; to authorize the retirement from all service of disabled members and cadet employes and all members after a service of twenty-five years, and the pensioning of such members of the said fire departinent; and for other purposes in connection therewith, in cities of the second grade of the first class, and to repeal the act of April 30th, 1886, creating such board"; an act passed April 13th, 1892, en

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