thereafter at the rate of fifty dollars ($50) per month; the widow of a member who, within one year after being injured in the discharge of his duty, dies from the effect of said injury, shall receive a pension at the rate above stated except that for the first year following the injury the amount of salary paid to the widow, shall equal the full salary of such member for one year, and thereafter the pension shall be at the rate of fifty dollars ($50) per month; and the widow of each member who is retired from service for physical or mental disability as above provided shall receive a pension of twenty-йve dollars ($25) per month.

(c) Children. Each child, so long as he or she is under the age of eighteen years, shall receive a pension of ten dollars ($10) per month if the father, being a member, is killed in the discharge of his duty, dies within one year after being injured from the effects of an injury received in the line of duty, or dies after having been retired for physical or mental disability acquired without fault or misconduct on his part while in the discharge of his duties in the department.

If there is no widow entitled to a pension, the children while under eighteen years of age, in addition to the ten dollars ($10) per month provision, shall be entitled to the same pension to which the widow, in a like case, would have been entitled, but the combined amount of the widow's and children's pension shall in no case exceed one-half the salary or compensation received by the member at the time of his death, injury or retirement.

(d) Dependent parent or parents. If there is no widow nor any child entitled to pension rights, as provided under headings (b) and (c) of this subdivision, the parent or parents dependent upon the member at the time of such death, injury or retirement, as the case may be, shall receive a pension of twenty-five dollars ($25) per month, but for such time only as such pension shall be necessary for the support of the parent or parents.

(e) No pensions in certain cases. No woman, except the widow of a member killed in the discharge of his duty, shall receive a widow's pension unless she was the lawful wife of the member at the time of his retirement, or, in the case of a member injured in the line of duty and resulting in death within one year after such injury, was the lawful wife of such member at the time of such injury.

No woman shall receive a widow's pension after her remarriage. No widow, child, or dependent parent of a member who is retired under the provisions of heading (c) of subdivision one above, or of a member who retires from service solely by reason of twentyfive years of service, shall receive any pension under any circumstances.

(3) Nothing herein contained shall affect the claim of any annuitant to whom any annuity has heretofore been allowed from the firemen's relief and pension fund, but such annuity shall be paid by the treasurer out of said fund, so long as the council shall so direct, and upon the basis in effect at the time said annuity was granted. Nothing herein contained shall be construed to deprive

any person of any accrued right to benefits in said fund, existing immediately prior to the date on which this local law takes effect, and any such accrued right shall be allowed in accordance with the provisions of law then in force. In computing the time of service of any member of said fund, all service rendered in the department of fire as an officer, fireman or employee, and the term of service rendered on the police force of the city, if any, shall be included, and it shall not be deemed necessary for the purpose of this section that such service be continuous. All officers and employees who are retired under the provisions of this local law and who are drawing pay from the said pension fund may, when able to act, perform duty in case of emergency and may be accepted to perform temporary duty by the superintendent of the department of public safety when satisfied that they are able to serve. While so serving on temporary duty, they shall be entitled to receive compensation to be fixed by the council, in addition to their pension which shall not be in any manner affected by such temporary service. Except as herein before in this subdivision provided, no person drawing a pension pursuant to the provisions of this local law shall receive other or further compensation for any services rendered as an officer or employee of the state of New York or of any municipal corporation therein. Provided, however, that any such person may accept a position as officer or employee of said state of New York or any municipal corporation therein, but shall not be entitled to receive any part of the pension money provided by this local law during the time such person is holding such state or municipal office or employment. All pensions provided for herein shall be annual and payable in equal monthly installments. Officers and employces heretofore retired, or who may be retired hereafter, under the pro visions of law governing the firemen's relief and pension fund, shall not be restored to active duty, except as hereinbefore provided.

(4) Membership. Nothing herein contained shall be construed to change the membership in the firemen's relief and pension fund. The persons who immediately prior to the time on which this local law takes effect are members of said fund, and their successors, shall be members of said fund.

§ 2. All moneys ordered to be paid out of said firemen's relief and pension fund to any person or persons, shall be paid by the treasurer only upon warrants countersigned by the commissioner of finance and accounts and the secretary of the council, and no warrant shall be drawn except by the order of the council duly entered in the record of its proceedings. Said council shall have charge of and administer said fund and from time to time invest and reinvest the same, or any part thereof, in such securities as a savings bank organized under the laws of the state of New York may purchase for investment, and is empowered to make all necessary contracts and take all necessary and proper actions and proceedings in the premises.

The treasurer and the secretary of the council shall each report

in detail to the council annually in the month of January the condition of the firemen's relief and pension fund and the items of receipts and disbursements on account of the same, which report shall show the name and residence of each beneficiary and the amount paid to such beneficiary for or on account of said fund. § 3. Section two hundred seventy-nine of chapter two hundred seventeen of the laws of nineteen hundred fourteen, as amended, known as the charter of the city of Buffalo, is hereby superseded in so far as the same is inconsistent with the provisions of this local law.

§ 4. This local law shall be known as "section 279 § 5. This local law shall take effect immediately.

local.'

LOCAL LAW No. 8

A local law in relation to the police pension fund in the city of Buffalo. Became a law December 9, 1925, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. The council shall be the board of trustees of the police pension fund mentioned and established in and by this section. The treasurer shall pay over and account for all moneys and property which shall come into his possession as such treasurer. Said council shall have charge of and administer said fund and from time to time invest and reinvest the same, or any part thereof, in such securities as a savings bank organized under the laws of the state of New York may purchase for investment, and is empowered to take all necessary and proper actions and proceedings in the premises. The council is authorized from time to time to adopt and amend rules and regulations not in conflict with this local law for the disposition, investment, preservation and administration of said fund. The treasurer of said fund is authorized upon the order or warrant of the council, countersigned by the commissioner of finance and accounts and the secretary of the council, to make payments from such fund of pensions, granted in pursuance of this local law, and also pensions now charged on said fund, or any part thereof, by or under prior or existing laws; and said council shall be the legal successor of the board of trustees of the present police pension fund in office at the time this local law takes effect. The treasurer and the secretary of the council shall each report in detail to the council annually in the month of January the condition of the police pension fund and the items of receipts and disbursements on account of the same, which report shall show the name and residence of each beneficiary and the amount paid to such beneficiary for or on account of such fund. The said police pension fund existing when this local law takes effect and all moneys, bonds, in

vestments, securities, revenues and incomes thereof or belonging thereto, in whose hands soever or whersoever the same may be, shall be paid over and delivered on demand to the treasurer. The moneys, securities and effects of the police pension fund and all pensions granted and payable from said fund shall be and are exempt from execution and from all processes and proceedings to enjoin and recover the same by or on behalf of any creditor or person having or asserting any claims against or debt or liability of any pensioner of said fund. Every person who knowingly or wilfully in anywise procures the making or presentation of any false or fraudulent affidavit or affirmation concerning any claim for pension or payment thereof shall in every case forfeit a sum not exceeding two hundred and fifty dollars to be sued for and recovered by and in the name of the city, and when recovered to be paid to and thereupon become a part of the said police pension fund. Any person who shall wilfully swear falsely on any oath or affirmation in obtaining or attempting to obtain or procure any pension or payment thereof under the provisions of this local law shall be guilty of perjury. The said police pension fund shall consist of the capital, interest, income, dividends, cash deposits, securities and credits belonging to the police pension fund of the city existing at the time this local law takes effect; and all rewards or gifts that may be paid or given to any member of the police force for his services, except when the council shall allow him to retain the same; all moneys arising from the sale of unclaimed goods remaining for the space of one year in the hands of the clerk of police; all moneys received from the sale of any condemned, unfit or unserviceable property, except horses belonging to or in the possession of or under the control of the police department, not exceeding the sum of two hundred and fifty dollars for any one article; all fines imposed by the council upon members of the police force or employees of the department, who are beneficiaries of said fund; and all moneys, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld from any member or members of the police force or employees of the department, who are beneficiaries of said fund, for or on account of absence for any cause, lost or sick time, sickness or disability, physical or mental, all of which shall be paid monthly into said funds; and all moneys which may be derived by such other methods as may be duly and legally devised for the increase of said fund, all of which sum shall be deposited with the treasurer to the credit of said pension fund. From and after the date on which this local law takes effect, the council shall in making the payrolls for the department deduct or cause to be deducted a sum not to exceed four per centum per annum of the respective salaries paid to the persons entitled to share in the police pension fund, and a warrant for the amount of the deductions shall be drawn payable to the order of the treasurer of the police pension fund. The council shall annually provide a sum adequate to bring said fund up to an amount sufficient to pay all drafts thereon or withdrawals therefrom. No soldier,

sailor or marine of the army or navy of the United States in the late Civil War, honorably discharged from service, who shall be entitled to share in the police pension fund, shall be required to contribute thereto an amount exceeding two per centum per annum of the salary paid to him. The members of the police force and the employees of the department of police who, immediately prior to the date on which this local law takes effect, were members of and entitled to the benefits in the police pension fund, and their successors, shall be members of said fund. Said membership shall include members of the police force, employees of the department of police known as engineers at police headquarters, linemen, employees in the electrical bureau, the clerk to the chief of police, the stenographer to the clerk of police, the superintendent of the electrical bureau, the police matrons and the janitresses attached to police headquarters. The surgeon and each assistant surgeon of the police department, by whatever titles their respective positions may be designated, shall be members of said fund.

Pensions shall be granted only by vote of the council, subject to the following provisions: (1) Retirement. (a) Any member of said fund, who, by long service and exposure in the actual service of the department, without fault or misconduct on his part, shall either have received an injury or contracted any disease or disability which permanently incapacitates him, physically or mentally, from performing full duty, may be retired by the council upon the certificate of a surgeon of the department, to the effect that such physical or mental disability exists and is permanent.

(b) Any such member, upon his own application, under like conditions and upon such certificate of a surgeon of the department, may be retired from service.

(c) Any member of said fund, who, within one year after his original appointment to service in the department, becomes afflicted with any disease or disability which permanently incapacitates him, physically or mentally, from performing full duty, which disease or disability arose from causes other than those stated under heading (a) of this subdivision, may be retired by the council upon the certificate of a surgeon of the department that such physical or mental disability exists and is permanent.

If, however, the person, concerning whom a certificate is made, as provided under headings (a), (b) and (c) of this subdivision, is dissatisfied with the conclusion therein set forth, either as to the existence or non-existence of the injury or disability, or the character of the same, he may file a statement to that effect with the council within thirty days after the certificate of a surgeon of the department is filed with the council, and thereupon three competent physicians and surgeons shall be selected, two to be selected by the council and one by the member affected. A surgeon of the department shall not be one of the three physicians and surgeons so selected. The certificate signed and verified by such three physicians and surgeons, or by a majority of them, shall be