The said board of trustees shall determine all applications for pensions according to the provisions of this act, and shall cause to be kept a full and complete record of all its proceedings and meetings. Pensions shall be granted only by the concurring vote of three members of said board voting in favor thereof.

§ 3. The trustees of the police pension fund shall have the power and authority by the concurring vote of at least three of its members to retire any member of the police department who may be found on examination by the surgeon of the department, duly certified under oath, disqualified physically or mentally for the performance of his duties in the department by reason of long service, disease or disability caused or induced by the active performance, without fault or misconduct of such member. Such retirement shall continue during the disability of such member. It is provided, however, that if such member objects to being so retired, he may demand an examination as to such disability by three competent physicians or surgeons of good repute and standing, one to be the surgeon of the department, one to be selected by the member of the department whose retirement is in question, and the third to be selected by the two physicians, as aforesaid, and the three so selected shall examine said member of the department and the findings of a majority of such examiners shall be final as to the ability or disability at the time of the member to perform his full duty, and if found able he shall be returned to duty at the same salary and rank then paid and held by him. Any member of the department retired under this section unless he has served at least twenty-five years in said department, shall, however, remain under the orders of the police commissioners who may order him at any time to do such duty of which he is capable as may be decided to be for the best interests of said department, and while so serving he shall be paid the same salary as that received by other members of the department of the same rank.

§ 4. Every member of said department who may have become permanently incapacitated from performing full duty as a policeman by reason of disease or disability, caused or induced by injury or by long service and exposure, while in the line of his duty as a policeman, without fault or misconduct on his part, may on his own application be retired from service by the concurring vote of at least three members of the board of trustees of said police pension fund, provided the applicant has been examined by the surgeon of the department and his sworn certificate filed, showing that the applicant is permanently disqualified from performing his duties of a policeman. Every member of the department who shall have served therein for twenty-five years or more shall upon his own application without examination or certification be retired from membership therein, provided he has attained the age of fifty-five years.

§ 5. A pension shall be granted and paid to each person retired under the provisions of the last two preceding sections, of an annual amount which equals two per cent. of the annual compensation now paid to a first class policeman, viz: one thousand six

hundred and twenty dollars multiplied by the number of years served in the department, payable monthly.

No pension granted to any member of said department in any case shall exceed the sum of seventy-five dollars ($75.00) per month, and in no case shall the percentage deductions from the salaries of said policemen be based on a salary basis of more than one thousand five hundred dollars per year. A member retiring under the two previous sections on the basis of five years of service will receive thirteen dollars and fifty cents per month; ten years service twenty-seven dollars per month; twenty years service fifty-four dollars per month; twenty-five years service sixty-seven dollars and fifty cents per month; the maximum seventy-five dollars per month. This provision relates to members of the department who have given full time in the service of the department.

§ 6. It is provided, however, that in case a member of the Elmira police department is permanently disabled on account of a direct injury received while in the actual performance of his duty as a policeman or on his way to or from such duty and by reason thereof said member suffers a permanent total disability or permanent partial disability, and he is retired, on a pension, on account of said injury, within one year from the date of the happening thereof, by the concurring vote of four members of said board of trustees of the police pension fund, the said board of trustees may grant to said member a pension in an amount not exceeding seventyfive dollars per month for and during the term of his disability. The said board of trustees by the concurring vote of three of its members shall have power from time to time to change said pension granted to said member so injured, but in no case shall the pension exceed the maximum of seventy-five dollars a month or be less than said member would be entitled to receive according to the provisions of section five of this act.

A pension under this section shall not be granted unless the member suffering an injury, as aforesaid, makes a report of the same to the officer in charge of the department or to the chief of the Elmira police department within ten days of the time of such injury and it is hereby made the duty of the chief of the Elmira police department to report the said injury to the surgeon of the department, who shall make an examination of said injured member and report the same to the board of trustees of the police pension fund.

The board of trustees of the police pension fund shall make rules requiring officers in charge of the department to make reports of all members of the department injured in the line of duty.

§ 7. Any member of the police department who may become sick from natural causes, or injured while on duty, shall receive compensation from the wage fund in an amount and for a period to be fixed by the board of police commissioners or until retired or discharged under the provisions of this act.

§ 8. The board of trustees shall pay to the widow of any member of the department who shall have died from the immediate effects of any injury sustained while in the actual discharge of such duty, an annual sum of nine hundred dollars, payable monthly.

To the child or children of such member under the age of eighteen years if there be no widow, or if the widow dies, the same sum as would be paid or was paid to the widow, to be divided equally between the children.

In case there be both widow and children, the board of trustees are given the power and authority if in their judgment they deem it for the best interest of the child or children to pro rate the monthly pension of seventy-five dollars between the widow and the child or children in such proportion as they deem wise, notwithstanding any provision of this act to the contrary.

This section shall apply only to the widow of such member, who was his wife at the time of the injury which caused his death, and, to his children by her or by a prior wife.

To the dependent parent or parents of such member who dies leaving no widow, or children under the age of eighteen years, there shall be paid a pension of seventy-five dollars per month; but no more than the maximum sum of seventy-five dollars shall be paid in case both parents survive.

Pensions granted to a widow shall terminate when the widow shall remarry, and pensions granted to a child or children shall terminate when such child or children shall respectively marry or arrive at the age of eighteen years.

§ 9. In the case of any member of the Elmira police department, who has served ten or more consecutive years, and whose death occurs during his service in said department, or whose death occurs after he has been retired on a pension under the provisions of sections three or four of this act, the board of trustees of said police pension fund shall make allowance or pension from said fund as follows:

1. To the widow of such member, who has not been retired on a pension, the sum which the member would have been entitled to receive in case he had been retired on a pension; but in no case shall said sum exceed seventy-five dollars per month.

2. To the widow of such member, who has been retired on a pension, the same sum that said member was receiving at the time of his death; but in no case shall said sum exceed seventy-five dollars per month.

3. To the child or children, under the age of eighteen years, of such member who has not been retired on a pension, at the time of his death, if there be no widow, the same sum which the widow would be entitled to receive under the provisions of subdivision one of this section. In the case of the death of the widow who is receiving a pension under the provisions of subdivision one of this section the said pension shall be continued and paid to the children under the age of eighteen years. In no case, however, shall the pension exceed the sum of seventy-five dollars per month.

4. To the child or children under the age of eighteen years of such member who has been retired on a pension, if there be no widow, the same sum as was paid to said member at the time of his death, and in no case shall the sum exceed seventy-five dollars per month. In the case of the death of the widow who is receiving a

pension under the provisions of subdivision two of this section, the said pension shall be continued and paid to the children under the age of eighteen years.

5. If there be both widow and children, the whole amount to be paid to the widow and children under the age of eighteen years shall not exceed the sum of seventy-five dollars per month collectively.

6. In case there be both widow and children the board of trustees are given the power and authority, if in their judgment they deem it for the best interest of the child or children, to pro rate the monthly pension to be paid under the provisions of this section between the widow and children in such proportion as the board shall deem wise, notwithstanding any provisions of this act to the contrary.

7. In case of the death of a member of the department leaving no widow or children under the age of eighteen years there shall be paid to the dependent parent or parents of such member the same sum as would be paid to the widow of the member if she were living at the time of his death under this section.

8. Pensions granted to a widow shall terminate when the widow shall remarry. The pension granted to children shall terminate whenever they shall respectively marry or arrive at the age of eighteen years.

9. This section shall apply only to the widow of such member who was his wife at the time of his retirement under this act, and to his children by her or by a prior wife. And in no case shall it apply to a widow who was married to said member subsequent to the date when he was authorized to retire on his own motion.

§ 10. In case of the death of a member of the department within ten (10) years, the board of trustees of the police pension fund shall pay to the widow of said member, or his children or dependent parent or parents, a sum equal to the amount he has contributed to the pension fund with simple interest at three per centum per annum. This provision applies only to such members who are not entitled to share in the pension fund and shall in no case exceed the sum of three hundred dollars ($300.00).

§ 11. Within thirty days after this law takes effect the members of the Elmira police department shall select by ballot one of their number as a member of the board of trustees of the police pension fund. The name of the member so selected shall be handed to the mayor of the city of Elmira for presentation to the common council for confirmation. If said member is confirmed by a majority vote of the common council, said member, after taking the oath of office, shall be a member of said board of trustees. The term of office of said member first chosen shall be until the first meeting of the common council in the month of January, nineteen hundred and twenty-eight, and until his successor is appointed and qualifies.

Within sixty days prior to the first meeting of the common council in the month of January, nineteen hundred and twenty-eight, and each two years thereafter, the members of the Elmira police department shall select their representative for said board of trus

tees by ballot and hand the name of the person so chosen to the mayor for presentation to the common council for confirmation.

At the first meeting of the common council in the month of January, nineteen hundred and twenty-eight, and every two years thereafter the mayor shall present the name handed to him to said common council for confirmation.

In case at any time the members of the Elmira police department are unable by a majority vote to agree upon a member of said department as its representative on said board of trustees, and fails to present a name approved by a majority of said members, then in that case the mayor of the city of Elmira shall present to the common council for confirmation the name of a member of the Elmira police department as a member of the said board of trustees. § 12. Said board of trustees shall pay the pensions as allowed and fixed by this act, from said pension fund, to the pensioner in a check payable to the order of said pensioner to be mailed to him, on or before the fifth day of each and every month, or in case the said board of trustees shall deem it expedient said check shall be delivered to said pensioner on or before said date, by one of the members of said board personally and not otherwise, and said board of trustees, may, in its discretion, pay the pension of said minor child or children to the mother or to their general or testamentary guardian, or to the person or persons who shall have the care of said minor child or children and the decision of said board of trustees as to what is deemed for the best interest of said minor child or children shall be final and conclusive, and payment according to its determination of the pensions herein provided for shall be a full discharge for the moneys so paid.

§ 13. This act shall apply to all persons who are now active members of the Elmira police department and to all persons under the age of thirty-five years who shall hereafter become members of the Elmira police department, and all such persons shall be eligible to the benefits secured by the creation of this fund.

All pensions now charged on said fund, or any part thereof, by or under prior or existing law, are hereby continued and confirmed. § 14. All moneys ordered to be paid out of said pension fund to any person or persons shall be paid by the treasurer only upon warrants signed by the chairman of the board and countersigned by the secretary thereof, and no warrant shall be drawn except by the order of said board duly entered on the record of the proceedings of said board. Said board of trustees is hereby authorized to deposit said fund in any of the banks of the city of Elmira upon receiving adequate security therefor, or to invest the same in bonds and mortgages on improved real property worth twice the amount loaned, or in bonds of the United States or of this state, or of the city of Elmira, or any city, county, town or village of this state issued pursuant to the authority of the laws of this state, and in securities in which the funds of savings banks under the laws of the state may be invested. All interest, income or dividends which shall be paid or agreed to be paid on account of any loan or deposit, shall belong to and constitute a part of said fund. Nothing herein