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A. Qualifications: Reserve officers shall meet the qualifications required under Montana Code Annotated Sections 7-32-213 and 7-32-214.
B. Police Officers Incapacitated In Line Of Duty: Whenever any police officer shall receive injuries or disabilities while on duty, or in active discharge of the duties of a police officer, and in the line of duty, which injuries or disability shall, in the opinion of the police commission or city council, be of such character to impair his ability as an active police officer, or incapacitate him for the further discharge of his duties as such, he shall become a member of the police reserves of the city in like manner as though he had arrived at the age of transfer to the reserve list of the department.
C. Payment Of Police Reserves:
1. Whenever any police officer shall, from age or disability, become transferred from the active list of the police officers of the city to the reserve list of the city, he shall thereafter be paid in monthly payments from the funds in this chapter provided, a sum equal to one-half (1/2) the salary he was receiving during the year prior to the time he passed to the police reserve list.
2. Upon the death of any police officer of the city, his/her surviving, dependent spouse, if there be such a surviving spouse, shall, as long as said spouse remains his/her spouse, be paid from the police reserves fund a sum equal to one-half (1/2) the salary such police officer was receiving during the year prior to the time such police officer passes to the police reserve list. If such police officer shall leave any dependent minor children, then upon the death of such police officer, provided he/she leaves no surviving spouse, or upon the death or remarriage of his/her spouse, then the surviving dependent minor children, collectively, if there be more than one dependent minor child, shall be paid the same monthly payments as are herein provided to be paid to the surviving spouse, until such minor child or minor children shall have attained the age of eighteen (18) years or shall have married; provided further, that the payments herein provided for be made to the surviving spouse and/or children shall not be made if such payments will require an increase in the millage tax levy now provided for by subsection 6-1-15A of this chapter.
3. Payments as herein provided for, to be made to any minor child of police officers, shall be paid to the duly appointed, qualified and acting guardian of such child for the use of the minor until the minor shall have reached the age of eighteen (18) years or shall have married. In case there is more than one minor child, upon each such child reaching the age of eighteen (18) years, the pro rata payments to such child shall cease and shall be made to the remaining minor children until the youngest child shall reach the age of eighteen (18) years or shall have married.
4. The term "police officer", as used herein, shall include all those on the reserve list as well as "active police" and/or "police officers". (Ord. 2.20; amd. 2006 Code)
D. State Law Controlling: Nothing in this section shall be construed as conflicting with state law. Any part of this section that conflicts with state law shall be null and void; the remaining parts of this section not in conflict with state law shall remain in full force and effect. (2006 Code)