The persons who immediately prior to the time in which this section takes effect are members of said fund, and their successors, shall be members of said fund.

(8) 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 records 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 or 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.

(9) Partial invalidity. If any clause, sentence, paragraph or part of this section shall for any reason be declared by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 2. Section two hundred and seventy-nine of chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, as last amended by chapter three hundred and ninety-seven of the laws of nineteen hundred and twenty, and local law number seven of the city of Buffalo of the year nineteen hundred and twenty-five are each hereby repealed and superseded, except that nothing herein contained shall affect the claim of any person to whom any pension has heretofore been allowed from the fire pension fund, but such pension shall be paid by the treasurer of said fund upon the basis in effect at the time said pension was granted; and nothing herein contained shall be construed to deprieve any person of any accrued right to benefits in said fund existing immediately prior to the date on which this section takes effect, and any such accrued right shall be allowed in accordance with the provisions of law then in force.

§ 3. This local law shall take effect immediately.

LOCAL LAW No. 8

A local law of the city of Buffalo in relation to the police pension fund of said city and repealing and superseding local law number eight of said city of the year nineteen hundred and twenty-five, entitled "A local law in relation to the police pension fund of the city of Buffalo."

Became a law October 27, 1926, 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. Local law number eight of the city of Buffalo of the year nineteen hundred and twenty-five, entitled "A local law in relation to the police pension fund of the city of Buffalo," is hereby repealed and superseded as follows:

§ 1 (1) Council. The council shall be the board of trustees of the police pension fund heretofore established and continued in and by this section, and shall be the legal successor of the board of trustees of the present police pension fund in office at the time this section takes effect. 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 section, for the disposition, investment, preservation and administration of said 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, and shall in making the payrolls for the police department deduct or cause to be deducted a sum not to exceed four per centum per annum of the respective salaries paid to 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. Pensions and allowances shall be granted only by vote of the council.

(2) Treasurer. The city treasurer shall pay over and account for all moneys and property which shall come into his possession as treasurer of the police pension fund and 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 funds of pensions granted pursuant to this section, and also all pensions now charged on said fund, or any part thereof, by or under prior or existing laws. 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.

(3) Pension fund. The 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 section takes effect; 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 property clerk in the possession of the department; all moneys received from the sale of any condemned, unfit or unserviceable property, including 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; all moneys, pay, compensation or salaries, 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 fund; 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 sums shall be deposited with the treasurer to the credit of said pension fund. The police pension fund existing when this section takes effect and all moneys, bonds, investments, securities, revenues and incomes thereof, or belonging thereto, in whose hands soever or wheresoever 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. All pensions provided for herein shall be payable in equal monthly installments.

(4) Surgeons. As used in this section the term "surgeon" shall include an assistant surgeon of the department.

(5) Members of the fund. The members of the police force and the employees of the department who, immediately prior to the date on which this section takes effect, were members of and entitled to the benefits of the police pension fund, and all other members of the police force and employees of the department hereafter appointed or employed, shall be members of said fund. Said membership shall include all members of the police force, the surgeon and each assistant surgeon of the department, by whatever titles their respective positions may be designated, and all employees of the department of police known as engineers at police headquarters, linemen, employees in the electrical bureau, the clerk of the chief of police, the stenographer to the clerk of police, the superintendent of the electrical bureau, the police janitors and janitress.

(6) Retirement. (a) Any member of said fund who, in the service of the department and without any fault or misconduct on his part, has received or shall hereafter receive an injury, or who, through service or exposure, has contracted or shall hereafter contract any disease or disability, which injury, disease or disability now permanently incapacitates him or shall in the future permanently incapacitate him, physically or mentally, from performing full duty, may be retired by the council upon 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, shall be retired.

(c) Any member of said fund who has suffered or shall in the future suffer an injury or has become or shall in the future become afflicted with any disease or disability, which injury, disease or disability now permanently incapacitates him, or which in the future shall permanently incapacitate him, physically or mentally, from performing full police duty, which injury, disease or disability arose from causes other than those stated under heading (a) of this subdivision, or whether arising out of service or otherwise, may be retired by the council upon the certificate of a surgeon of the department, that such injury, disease or disability exists and is permanent.

(d) Any member who objects to the conclusion set forth in the certificate provided for under headings (a), (b) and (c) of this subdivision may file a statement to that effect with the clerk of the council within thirty days after the certificate of a surgeon of the department is filed with such clerk, and thereupon three duly licensed physicians and surgeons, other than a police surgeon, shall be selected, two to be selected by the council and one by the member. A certificate signed by such three physicians and surgeons, or by a majority of them, shall be accepted in lieu of the prior certificate of a surgeon of the department and, insofar as it certifies to the existence of an injury, disease or disability of a permanent character, shall be final and conclusive. The fees of such physicians and surgeons so appointed shall be paid by the member. The cause of any injury, disease or disability shall in each case be determined solely by the council.

(e) Any member of said fund upon his own application, after twenty years of actual service in said department or a combined service of twenty years in the police and fire departments, shall be retired from further service. Any leave of absence without pay from either department subsequent to the time when this section takes effect shall not be included in computing such term of service.

(f) In computing the time of service of any member of the police force for the purpose of this section, the term of service or employment of such member or employee on the regular police or fire departments of the city of Buffalo, or upon the park police force of said city, as formerly constituted, shall be taken the same

as service on the police department of the city, and it shall not be necessary for the purposes of this section that such service shall have been continuous. In computing the time of service of members of the police force for the purposes of this section, the term of service of such member as an employee of the police department previous to becoming a member of the police force, shall be computed and allowed the same as service rendered on such police force.

(7) Amount of members' pensions. Each member retired pursuant to the provisions of subdivision six, except those who are retired under the provisions of heading (c) of such subdivision, shall receive a pension of not less than one-half of his salary or compensation received at the time of his retirement. Members retired under the provisions of heading (c) of said subdivision six shall receive such pension as may be fixed by the council, not to exceed, however, one-half of the salary or compensation received at the time of his retirement. The pension of any member who is retired after this section takes effect, and who thereafter engages in any business, occupation or employment from which profit, remuneration, income or salary is derived, shall not be in excess of a sum which, when added to the profit, remuneration or salary so received, will not be greater than the salary paid to such member at the time of his retirement.

(8) Pensions of widows. (a) The widow of any member whose death occurs during his service or employment in the department, or whose death shall occur after he shall have been retired on a pension pursuant to the provisions of headings (a) or (b) of subdivision six of this section, shall receive a pension of not less than twenty-five dollars per month. But the council may grant a pension of not to exceed twenty-five dollars per month to the widow of any member whose death shall occur after he shall have been retired on a pension pursuant to the provisions of headings (c) or (e) of subdivision six of this section.

(b) The widow of any member who is killed in the discharge of his duty shall receive a pension for one year equal to the yearly salary or compensation of the member, and thereafter at the rate of fifty dollars per month; the widow of a member who within one year after being injured in the discharge of his duty dies from the effects of said injury, shall receive a pension at the rate above stated, except that for the first year following the injury the amount of pension to be paid to the widow shall be a sum equal to the full salary of such member for one year less any salary paid to the member in the year following the injury, and thereafter the the pension shall be at the rate of fifty dollars per month. The widow of a member who after the expiration of one year after being injured in the discharge of his duty dies from the effects of said injury shall receive a pension of fifty dollars per month. A pension heretofore or hereafter granted to a widow shall cease upon her remarriage.