and such member shall be subject to punishment and dismissal in the same manner as officers in active service. Any pension such retired member may have received shall cease in case of his expulsion; and such pension, for any refusal to obey orders or other branch of discipline, as aforesaid, shall be subject to whatever orders may be deemed proper by the board of public safety. It shall be the duty of the police surgeon of such city to make all examinations of the members of the police force of such city whenever requested by the board of trustees of the police pension fund, or whenever any such member requests him to do so far the purpose of certifying to his physical or mental condition to such board, or whenever he deems it proper to do so; and he shall thereupon certify to such board the true physical or mental condition of such person. If, at any time, there should not be sufficient money to the credit of such police pension fund to pay all claims against it in full, claims on account of the death of members of such force, if there be any such, shall be first paid in full with a [as] little delay as possible, after which an equal percentage shall be paid upon all other claims to the full extent of the funds on hand, until such funds be replenished so as to pay them in full. All pensions herein provided for shall be paid by the treasurer of such board at his office at the same time and in such installments as the members of the police force of such city are paid. All pensions granted and payable out of such police pension fund shall be exempt from seizure or levy upon attachment, execution, supplemental process, and all other process, whether mesne or final, and shall not be subject to sale, assignment or transfer by any beneficiary: Provided, further, however, That in no event shall a pension be paid to an employe of the police department who at the time of his appointment was over thirty-five (35) years of age, or who failed at that time to pass the medical examination required and provided by the board of trustees of the police pension fund, and power is hereby given to said board to require and provide for a medical examination for employes of the police department, with power to accept or reject them as members of the pension fund: Provided, however, Any such person over the age of thirty-five (35) years, or who has failed to pass the medical examination required, shall be exempt from paying or contributing any money to the police pension fund: Provided, however, That this provision is in no way to apply to the present members of the pension fund, or to those who have resigned, been removed or suspended, and have been reinstated by the board: Provided, further, That all employes of the police department at the time any city may have heretofore established, or may hereafter establish, a police pension fund, shall, regardless of their age at the time they

became members of the department, become members of said fund and be entitled to all the benefits thereof and shall pay the assessments therein provided and be subject to all the other provisions of said act and all amendments thereof.

This section amends section 8800 Revision of 1914.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1919, p. 72. In force May 15, 1919.]

8801. Forfeiture or reduction of pension.-180. Whenever any person who shall have received any benefit from such fund shall be convicted of a felony or shall become an habitual drunkard or shall fail to report himself for duty or for examination, or otherwise shall fail to comply with any legal requirements imposed by the board of trustees of the police pension fund, said board may upon notice to any such person discontinue or reduce in its discretion any payments that might otherwise accrue thereafter: Provided, however, That nothing contained in this act shall be construed to entitle said board to recall into service any member who has previously been retired from active service on account of having served twenty (20) years or more; nor shall anything in this act be construed to entitle a retired member to a pension after he shall have been convicted of a felony, or shall have become an habitual drunkard.

This section amends section 8801 Revision of 1914.

[Acts 1921, p. 29. In force February 17, 1921.]

8804. Firemen's fund-Trustees-Where applied.-182. In every city of the first, second, third and fourth classes, maintaining a regularly organized and paid fire department there is hereby created a "board of trustees of the firemen's pension fund," to be selected as hereinafter directed; and also a firemen's pension fund, to be derived from the sources and in the manner hereinafter provided. The said fund shall be managed, used and disbursed according to the provisions of this act and in conformity with the by-laws of such board of trustees: Provided, moreover, That the provisions of this act in relation to such fund shall likewise apply to all cities of the fifth class which maintain a regularly organized and paid fire department, in case the common council of any such city shall elect to establish such

board of trustees and firemen's pension fund, and if any such city elects to establish such board and fund, its common council shall adopt an ordinance to that effect, and upon the adoption of such ordinance the provisions of this act in relation to such fund and such board of trustees shall apply to and govern such city.

The section amends section 8804 Revision of 1914.

See section 8807 for section 2 of this act.

Section 3 of this act provides that the act be in force and effect from and after its passage.

[Acts 1921, p. 29. In force February 17, 1921.]

8807. Pension fund-Of what consists.-185. Such pension fund shall consist:

First. Of all moneys that may be given to such board or fund by any person or persons for the uses and purposes for which such fund is created. And such board of trustees may take by gift, grant, devise or bequest any money, personal property, real estate, or interest therein, or any right of property; and any such gift, grant, devise or bequest may be absolute or in fee simple, or upon condition that only the rents, income or profits arising therefrom shall be applied to the purposes for which such fund is established.

Second. Of all moneys, fees, rewards or emoluments of every nature and description that may be paid or given to the fire force of any of the fire companies.

Third. Every member of such force shall be assessed a part of his salary, to be fixed in the by-laws of the board, not less than one per centum nor more than one and one-half per centum per annum of such salary. The secretary of the fire force, or the person whose duty it is to make out the pay rolls, shall place opposite the name of every member of such force on the pay roll, the amount of assessment on each individual's salary, and the city treasurer, or county treasurer acting as city treasurer, shall monthly deduct from the salary of every member of such force the sum set opposite his name, and shall place the same to the credit of the firemen's pension fund. Every person who becomes a member of the fire force shall be liable to the aforesaid assessment, and, in becoming a member thereof shall be conclusively deemed to undertake and agree to pay the same and to have it deducted from his compensation as herein provided.

Fourth. A sum, one-fifth of one mill in all cities of the first, sec ond, third and fourth classes shall be levied on each dollar of the value of all taxable property annually assessed in any such city, as the same appears on the tax duplicate, which sum shall be set aside and made part of such firemen's pension fund by the city treasurer.

or county treasurer acting as city treasurer; Provided, That the said sum shall not be used for or devoted to any purpose other than that herein specified.

This section amends section 1, Acts 1919, p. 802.

See section 8804 for section 1 of this act.

Section 3 of the above act provides that the act be in force and effect from and after its passage.

[Acts 1921, p. 495. In force March 10, 1921.]

8809. Beneficiaries, deficiency, pro rata payments.-187. If any member of the said fire force shall, while in the performance of his duty, become, or be found, upon examination by a medical officer ordered by the chief of the fire force, to be physically or mentally disabled, so as to render necessary his retirement from all service on the force, such chief shall retire such disabled person, and the board of trustees shall authorize the payment to such person, monthly, from the pension fund, the sum provided in the next section.

When any member of such fire force, or retired member on the pension fund thereof, dies, from any cause whatever, and leaves a widow or child or children under sixteen years of age, the board of trustees shall authorize the payment to such widow, while unmarried, any child or children under sixteen years of age, monthly, from the pension fund, the sum or sums provided in the next section; or if any deceased members shall have a dependent mother or father, upon satisfactory proof that such mother or father was dependent upon such deceased member of the fire force, the board of trustees shall authorize the payment to such mother or father, monthly, from the pension fund, the sum provided in the next section: Provided, however, That no pension shall be paid to the mother or father of a deceased member who leaves a widow; and if the widow of any deceased member shall remarry, her pension shall cease: Provided, further, That if there be no widow and no child or children, and no dependent father or mother, but dependent brothers or sisters, then such pension shall be paid to them. If at any time there should not be sufficient money or bonds to the credit of said pension fund to pay such beneficiary the full amount per month to which such beneficiary may be entitled, then and in that event an equal percentage of such monthly payments shall be made to each, until such fund is so replenished as to warrant payment in full to each of such beneficiaries. Power is hereby given to the board of trustees of the fireman's pension fund to require and provide for a medical examination of applicants for employment in the fire department, and said board is also given power to accept or reject any such applicant as a member of the pension fund and the decision of such board shall be final and conclusive:

Provided, further, That in no event shall a pension be paid to any employee of the fire department who at the time of his appointment was over thirty-five years of age nor to any employee who has failed to pass the medical examination required and provided by the board of trustees as hereinbefore provided: Provided, however, That this provision is in no way to apply to the present members of the pension fund nor is it in no way to limit the power of the board of safety to employ men for the fire department over the aforesaid age or who fail to pass the required medical examination: Provided, further, That when a member of the fire force is disqualified to participate in the benefits of the pension fund by reason of the provisions herein, neither said member nor his salary shall be subject to an assessment for the benefit of said fund: Provided, further, That all employees of the fire department at the time any city may have heretofore established, or may hereafter establish, a fireman's pension fund, shall, regardless of their age at the time they become members of the department, become members of said fund and be entitled to all the benefits thereof and shall pay the assessments therein provided and be subject to all the other provisions of said act and all amendments thereof.

This section amends section 8809 Revision of 1914.

Section 2 of the above act provides that the act be in force and effect from and after the date of its passage.

[Acts 1919, p. 10. In force May 15, 1919.]

8816e. Fire force platoons, cities of 60,000 to 68,000, tax levy.-1. The board of safety in each city having a population of not less than sixty thousand nor more than sixty-eight thousand according to the last preceding United States census, shall from and after the first day of January, 1920, divide the officers and member of the fire force of such cities, excepting the chief of the fire force, into two bodies, or platoons, one to perform day service and the other to perform night service. In cases of riot, serious conflagration, or other such emergency, the chief of the fire force, or the assistant chief or chief officer in charge at any fire, shall have the power to assign all the members of the fire force to continuous duty, or to continue any member thereof on duty, if necessary. No member of either of said platoons shall be required to perform continuous day service or continuous night service for a longer consecutive period than two weeks; nor be kept on duty continuously longer than ten hours in the day platoon, or fourteen hours in the night platoon, except as may be necessary to equalize the hours of duty and service, and also excepting in cases of riot, serious conflagration, or other such emergency, as above provided. That for the purpose of paying the salaries of the officers and members of