Sec. 37A-1. Definitions.
Sec. 37A-2. Creation of board.
Sec. 37A-3. Terms of board.
Sec. 37A-4. Powers and duties of the board.
Sec. 37A-5. Qualified beneficiaries.
Sec. 37A-6. Investigation and payment of grant-in- aid.
Sec. 37A-7. Establishment of trust fund.
Sec. 37A-8. Nonvested rights.
Sec. 37A-9. Nonalienation of benefits.
In this chapter, unless the context clearly indicates otherwise:
(1) BENEFACTOR means a person who donates or gives money, stocks, bonds, or real or personal property to the fund for the benefit of qualified beneficiaries.
(2) BENEFICIARY means a person designated in Section 37A-5.
(3) BOARD means the board of trustees of the city police and fire welfare fund.
(4) DEPENDENT CHILD means an unmarried person who immediately preceding the death of his parent, received over half of his support in each calendar year from the parent, who died as a result of an occurrence described in Section 37A-5(a).
(5) DEPENDENT PARENT means the parent of a person who died as a result of an occurrence described in Section 37A-5(a) and who is:
(A) totally and permanently disabled and received over half of his support in each calendar year from the deceased person; or
(B) 65 years of age or older.
(6) DONATION means a gift or contribution in the form of money, stocks, bonds, or real or personal property by a benefactor.
(7) GRANT-IN-AID means a loan or gift of money to a beneficiary.
(8) GUARDIAN means the court-appointed guardian or conservator of a dependent child or dependent parent.
(9) PERSON means an individual, corporation, association or other legal entity.
(10) QUORUM means two members of the board.
(11) SPOUSE means the surviving husband or wife of a person who died as a result of an occurrence described in Section 37A-5(a). (Ord. 16126)
(a) There is hereby created the police and fire welfare fund and the board of trustees of the police and fire welfare fund.
(b) The board shall be composed of five persons consisting of:
(1) one person appointed by the city council who shall be a member of the city council;
(2) the chief of the Dallas police department;
(3) the chief of the Dallas fire department;
(4) the city manager or his designee; and
(5) the city controller.
(c) The chief of police shall serve as chairman for a term of two years from the effective date of this ordinance. The fire chief shall succeed the chief of police as chairman and shall serve for a term of two years. The chief of police and the fire chief shall then alternately serve as chairman for terms of two years, each succeeding the other upon the expiration of their terms.
(d) The chairman shall call a meeting at any time there is business of the board to be conducted. (Ord. 16126)
(a) The board member appointed by the city council shall serve for a term of two years without remuneration. The appointment shall correspond to the appointment of other city boards and commissions as provided by the charter and ordinances of the city of Dallas.
(b) The chief of police and the fire chief shall serve as long as they hold their respective positions. (Ord. 16126)
(a) The board shall have the power and duty to:
(1) administer the welfare fund;
(2) adopt rules and regulations not inconsistent with the provisions of this chapter and the Constitution and laws of this state;
(3) receive private funds and donations as the public may desire to donate, with full authority to invest, re-invest, alter and change the funds of the welfare fund;
(4) disburse funds or its equivalent in kind to the qualified beneficiaries;
(5) appoint as administrator the administrator of the police and fire pension fund to carry out the business of the board and who shall be the custodian of the records of the fund and who shall serve without remuneration;
(6) make a final determination of the eligibility of a beneficiary for an award or grant-in-aid from the welfare fund;
(7) issue subpoenas for the attendance of witnesses and production of records, papers, or other objects, administer oaths to witnesses, and examine witnesses on any matter relating to an award or grant- in-aid from the welfare fund.
(b) No award, grant-in-aid, or expenditure shall be made from the welfare fund without the approval of the board.
(c) The board shall have complete discretionary authority to either grant or deny an award or grant-in- aid to a potential qualified beneficiary. (Ord. 16126)
(a) The following persons are hereby designated as qualified beneficiaries for an award from the welfare fund:
(1) a police officer, fire fighter, park department police officer, city marshal, deputy city marshal, security officer, or public service officer injured while in the performance of his official duties while employed by the city of Dallas;
(2) the spouse, the dependent child, or dependent parent of any city employee designated in Subsection (1) above who lost his life while in the performance of his official duties;
(3) a person injured while assisting any city employee designated in subsection (1) above in an emergency, either voluntarily or when called upon for assistance, or if the injury results in death, then the spouse, dependent child, or dependent parent of the person;
(4) a reserve police officer or reserve fire fighter injured while serving in his capacity as a reserve police officer or reserve fire fighter, or if the injury results in death, then the spouse, dependent child, or dependent parent of the reserve police officer or reserve fire fighter when the injury results in death.
(b) If a surviving illegitimate child makes a claim as a qualified beneficiary, the board may only disburse funds or property if the child establishes his heirship in a court of competent jurisdiction. (Ord. 16126)
(a) Upon a request for a grant-in-aid, the board shall initiate an investigation of the application by an appropriate division within the employee’s department. The investigation shall determine the qualification and need of the applicant. After completion of the investigation, the department head shall submit a written report to the board and shall make a recommendation for approval or denial of the request.
(b) The applicant shall cooperate with the investigation and the board. The failure of the applicant to cooperate or disclose necessary information to the investigator or the board, or be truthful, shall be grounds for disqualification or immediate repayment of the grant-in-aid regardless of need or qualification.
(c) The beneficiary shall attempt a repayment of the grant-in-aid. The terms and schedule of repayment either in whole or in part, shall be determined by the board depending on the financial circumstances of the beneficiary. The board shall have the authority to waive repayment, either in whole or in part, depending on the financial circumstances of the beneficiary. (Ord. 16126)
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