A. Rules And Definitions:
1. Words as used in this section that import the masculine gender are also intended to import the feminine gender, and words used in the singular number are also intended to import the plural number (or vice versa), unless such construction would be inconsistent with the manifest intention of the context. (Ord. 94-03, 1-24-1994)
2. The following words or phrases, as used in this section, shall have the meanings set forth in this subsection A2:
ACT: That act contained in article 3 of the Illinois pension code entitled "Police Pension Fund - Municipalities 500,000 And Under", 40 Illinois Compiled Statutes 5/3-101 et seq., and as the same is amended from time to time hereafter.
BENEFICIARY: A person entitled to receive benefits from the fund as set forth in the act.
CLERK: The clerk of the police pension board.
FINANCE DIRECTOR-TREASURER: The finance director- treasurer of the village.
FUND: The police pension fund of the village of Bloomingdale, DuPage County, Illinois, established hereunder.
POLICE DEPARTMENT: The police department of the village.
POLICE OFFICER: a. Any person who, on the date the act became applicable to the village, was employed as a police officer by the village, regardless of his age or physical condition and who, within three (3) months after the effective date hereof, makes written application to the police pension board, in such form as that board shall prescribe, to come under the provisions of the act.
b. Any person who hereafter is:
(1) Appointed to the police force of the village and who is sworn and commissioned to perform police duties; and
(2) Found upon examination by a physician or physicians licensed by the state of Illinois to practice medicine in all of its branches, and selected by the police pension board, to be physically and mentally fit to perform the duties of a police officer; and
(3) One who, within three (3) months after being appointed or reappointed, when such appointment or reappointment occurs after the effective date hereof, makes written application to the police pension board, in such form as that board shall prescribe, to come under the provisions of the act.
c. Persons excluded from the definition of police officer shall be:
(1) Part time police officers; special police; night watchmen; temporary employees; traffic guards; auxiliary police officers appointed to direct traffic at or near schools or public functions or to aid in civilian defense; municipal parking lot attendants; clerks, or other civilian employees of the police department who perform clerical duties exclusively.
(2) A police officer who fails to pay salary payments as required by the act.
(3) Any person who has elected, under section 3-109.1 of the act, to participate in the Illinois municipal retirement fund rather than a fund established by this section.
POLICE PENSION BOARD: The board of trustees of the fund as established hereunder.
RESERVES: The reserves required to be established and maintained by section 3-127 of the act.
SALARY: The annual salary, including longevity, attached to the rank held by the police officer as established by the village appropriation ordinance. The term "salary" does not include overtime pay, holiday pay, bonus pay, merit pay, or any other cash benefit over and above the salary established by the village appropriation ordinance.
VILLAGE: The village of Bloomingdale, DuPage County, Illinois.
VILLAGE BOARD: The president and board of trustees of the village. (Ord. 94-03, 1-24-1994; amd. 2012 Code)
B. Fund Established; Purpose: There is hereby established a police pension fund under and in accordance with the provisions of the act to be known as the "Police Pension Fund Of The Village Of Bloomingdale, DuPage County, Illinois" (the fund). The purpose of the fund is to provide pensions for police officers and benefits for their beneficiaries under the terms and regulations herein set forth and in accordance with the provisions of the act.
C. Tax Levied: The village board shall annually hereafter levy a tax upon all taxable property of the village at the rate on the dollar of all such taxable property which will produce an amount which, when added to the deductions from the salaries of police officers and receipts available from all other sources as hereinafter referred to, will equal a sufficient sum to meet the annual requirements of the fund. Such tax shall be levied and collected in a like manner with the general taxes of the village and shall be in addition to all other taxes now or hereafter authorized to be levied upon all property within the village.
D. Monies Constituting Fund: The following monies shall constitute the fund:
1. All monies derived from taxes levied hereunder.
2. Contributions by police officers under section 3-125.1 of the act.
3. All donations, gifts or other transfers received by the police pension board or the village board for or on behalf of the fund. (Ord. 94-03, 1-24-1994)
E. Finance Director-Treasurer Duties:
1. The finance director-treasurer shall have custody of all monies constituting the fund for and on behalf of the police pension board.
2. The finance director-treasurer shall disburse monies from the fund only upon the order to do so directed to him and signed by the president and secretary of the police pension board. The disbursement of monies from the fund by the finance director-treasurer shall be as so ordered by the police pension board.
3. The finance director-treasurer shall, from time to time, advise the police pension board of the balance of funds on hand and of his estimate of current cash needs of the fund. Any monies on hand in excess of such current needs shall be invested by the finance director-treasurer when ordered to do so by the police pension board. Investments may be made only in those securities authorized by section 3-135 of the act. Interest earned on all such investments shall be credited to the fund.
4. On the second Tuesday in May annually, the finance director-treasurer shall file with the police pension board and with the village clerk (to be transmitted by such clerk to the village board) a statement, under oath, of all monies of the fund received and paid out by him during the preceding fiscal year. Such statement shall also show the amount of fund monies then on hand and the amount owing to the fund.
5. Upon the written demand, signed by the president and secretary of the police pension board, the finance director- treasurer shall furnish a written statement to the police pension board setting forth the method of collecting and handling monies of the fund.
6. The finance director-treasurer shall keep accurate books and records of the monies of the fund, and such books and records shall be made available by him for examination by the police pension board. (Ord. 94-03, 1-24-1994; amd. 2012 Code)
F. Board Of Trustees Of Fund:
1. Established; Membership; Compensation: There is hereby established a board of trustees of the police pension fund of the village (the "board"). Such board shall be composed of five (5) members. No member of the board shall receive or have a right to receive any payment of money or other compensation from the fund as salary for services performed as such member.
2. Appointive Members; Terms: Two (2) members of the board shall be appointed by the village president as follows:
a. One member shall be appointed as soon after the effective date hereof as is possible. His term of office shall be from the date of his appointment until the second Tuesday of May 1974, or until his successor is appointed and shall have qualified.
b. One member shall be appointed as soon after the effective date hereof as is possible. His term of office shall be from the date of his appointment until the second Tuesday of May 1975.
c. On or before the second Tuesday of May 1974, the village president shall appoint one member whose term shall commence on the second Tuesday of May 1974, and shall be for two (2) years, or until his successor is appointed and shall have qualified.
d. The terms of members appointed by the village president (except the term of the members appointed under subsections F2a, F2b and F2c of this section) shall be for two (2) years, or until their successors are appointed and shall have qualified.
3. Elective Members:
a. Two (2) members of the board shall be elected from the active participants of the fund by the active members thereof as follows:
(1) A special election shall be called by the appointed members of the board to be held as soon as possible after the effective date hereof. At such election, two (2) members of the regular police force shall be elected members of the board to serve until the second Tuesday of May 1974.
(2) The board shall call a regular election to be held on the third Monday of April 1974, and on the third Monday of April biennially thereafter, for the election of two (2) members of the active participants of the fund to serve as members of the board for two (2) year terms, beginning on the second Tuesday of May following such election, and until their successors are elected and shall have qualified.
(3) Such elections shall be held at such place or places in the village and under such regulations as shall be prescribed by the appointed members of the board.
b. One member of the board shall be elected by and from the beneficiaries of the fund as follows:
(1) Until such time as the retirement, disability or death of a police officer shall create a class of beneficiaries of the fund, there shall not be any election to fill the fifth membership position of such board, but such position shall remain vacant.
(2) When the retirement, disability or death of one or more police officers shall create a class of beneficiaries of the fund, and upon the designation of such beneficiaries by the appointed and active members of the board, an election shall be called to be held as soon as possible after such designation. At such initial election, the beneficiaries of legal age shall elect one of their number as a member of the board to serve until the second Tuesday of May following such election.
(3) The board shall call an election to be held on the third Monday of April following such initial election, and on the third Monday of April biennially thereafter, for the election of one member from among the beneficiaries to serve for a two (2) year term beginning on the second Tuesday of May following such election, or until his successor is elected and shall have qualified.
c. Upon the death, resignation or inability to act of any elected member of the board, his successor shall be elected for the unexpired term at a special election to be called by said board and conducted in the same manner as the regular biennial election.
4. Organization:
a. Officers: As soon as the initial police pension board has been constituted, as provided in this subsection, the village shall fix a date for the first meeting thereof. At such meeting, the members of the police pension board shall select from among themselves a president, vice president, secretary and assistant secretary. The term of such offices shall expire on the second Tuesday in July 1974.
b. Meetings:
(1) Regular Meetings: The police pension board shall hold regular meetings in July, October, January and April of each year. At the regular meeting in July 1974, and at such meeting annually thereafter, the police pension board shall select the officers named in subsection F4a of this section, whose terms shall be for one year, or until their successors are selected and shall have qualified.
(2) Special Meetings: Special meetings may be held upon the call of the president of the police pension board.
c. Clerk Of Board: The police pension board may appoint a clerk and define his duties. The clerk may be paid such reasonable compensation as the police pension board shall determine. No person drawing a pension under the act shall be employed by the police pension board.
5. Powers And Duties: The police pension board shall have the following powers and duties (and such other powers and duties as may be conferred thereon by the act):
a. To control and manage, exclusively, the monies of the fund.
b. To order and direct the payment of pensions and other benefits provided by the act.
c. To designate the beneficiaries of the fund.
d. To issue certificates, signed by the president and secretary of the police pension board, to beneficiaries of the amount ordered paid from the fund thereto, and the purpose of such payment. (Ord. 94-03, 1-24-1994)
e. Beginning January 1, 1998, to invest funds in accordance with 40 Illinois Compiled Statutes 5/1-113.1. (Ord. 94-03, 1-24-1994; amd. 2012 Code)
f. To hold such public hearings as may be necessary or required in connection with the administration of the fund, and to subpoena witnesses to attend and testify at such hearings. A stenographic record shall be taken of all such hearings at which the rights of any person with respect to the fund may be determined by the police pension board. The cost of such transcript shall be paid by the fund. Copies thereof shall be provided to any person upon the payment to the fund of the amount of the actual cost to the fund for reproducing such copy.
g. To provide for the payment from the fund of all necessary expenses of the fund, including compensation to be paid to the clerk, printing costs and witness fees.
h. To keep a public record of all of its proceedings.
i. To adopt such rules and regulations for the administration of the fund as may be required; provided, that such rules and regulations are consistent with the provisions of the act and this section, and to amend such rules and regulations from time to time. A certified copy of such rules and regulations, and all amendments thereto, shall be filed with the village clerk. Copies of such rules and regulations, and all amendments thereto, shall be transmitted to all pensioners of and contributors to the fund.
j. To take, by grant, gift, transfer, devise or bequest, any money, real property or personal property of any description. Such money and the proceeds of the sale of, or the income derived from, any such real or personal property shall be paid into the fund.
6. Reports Required:
a. As soon as practicable after the close of the village fiscal year, the police pension board shall submit a written report, under oath, to the village board, signed by the president and secretary of the police pension board, containing, among other things, the following:
(1) A list of persons entitled to payments from the fund as ordered by the police pension board, stating the amounts and purposes of such payments.
(2) A statement of the items of income accrued to the fund during the fiscal year.
b. Prior to the meeting of the village board held for the purpose of levying taxes for the year, the police pension board shall submit to the village board a report containing, among other things, the following:
(1) The assets of the fund in the custody of the police pension board.
(2) The estimated receipts during the next succeeding calendar year for deductions from the salaries of police officers and from all other sources.
(3) Where the reserves provided in subsection H of this section are less than the actuarial requirements of the fund, a statement of the proportionate amount needed annually to ensure the accumulation of such actuarial reserve over a period of forty (40) years subsequent to the date the fund is established or over a period of time as amended by the act.
(4) The estimated amount required during the next succeeding calendar year to pay all pensions and other obligations of the fund and to maintain the reserves as provided in subsection H of this section.
G. Pensions And Benefits:
1. The police pension board shall provide for the payment from the fund of such pensions and benefits as are provided in the act.
2. If, at any time, there are not sufficient monies in the fund to pay the allowances of the police pension board to the beneficiaries of the fund, the village board shall make every effort consistent with law to replenish the fund so that all beneficiaries may receive the amounts to which they are entitled.
3. If, however, after such effort is made as set forth in subsection G2 of this section, there remains a deficit in the fund, the police pension board shall order pro rata payments from the fund to the beneficiaries.
4. No allowance or order of the police pension board shall be held to create any liability against the village except upon the fund.
H. Reserves: The police pension board shall establish and maintain a reserve in compliance with section 3-127 of the act.
I. Rooms For Offices And Meetings: The village board shall make available to the police pension board suitable rooms for offices and meetings of the police pension board. (Ord. 94-03, 1-24-1994)