(1)The
general supervision, management, and control of the firefighters' old hire pension
fund shall be vested in a board of trustees.
(2)In any municipality having a population of less than one hundred
thousand, the board shall consist, except as provided in subsection (6) of this
section, of the mayor, the municipal treasurer or finance officer, one other person
appointed by the governing body of such municipality, and three active or retired
old hire members of the fire department serving the municipality who shall be
elected by the active and retired old hire members of the fire department. The
terms of office on the board shall be: The mayor of the municipality, during tenure
in office; the treasurer or finance officer, during tenure in office; the appointed
citizen, to b
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(1) The
general supervision, management, and control of the firefighters' old hire pension
fund shall be vested in a board of trustees.
(2) In any municipality having a population of less than one hundred
thousand, the board shall consist, except as provided in subsection (6) of this
section, of the mayor, the municipal treasurer or finance officer, one other person
appointed by the governing body of such municipality, and three active or retired
old hire members of the fire department serving the municipality who shall be
elected by the active and retired old hire members of the fire department. The
terms of office on the board shall be: The mayor of the municipality, during tenure
in office; the treasurer or finance officer, during tenure in office; the appointed
citizen, to be designated by the governing body of the municipality at time of
appointment; the three active or retired old hire members of the fire department, to
be elected for terms of three years, but at the initial election to be conducted to
elect old hire members of the fire department, one old hire member shall be elected
for a three-year term, one old hire member for a two-year term, and one old hire
member for a one-year term. Thereafter, such old hire members shall be elected for
three-year terms. Said board shall elect from its number a president and secretary.
The municipal treasurer or finance officer shall be ex officio treasurer of the board.
(3) (a) In any municipality having a population of at least one hundred
thousand, the board shall be composed of the mayor, the manager of safety, the
manager of revenue, the chief of the fire department, and the city auditor or such
persons performing the duties of the above-named officers, and also two active or
retired old hire members of the fire department to be selected as provided in
paragraph (b) of this subsection (3).
(b) During the month of July in each year, the chief officer of the fire
department shall conduct an election by secret ballot, at which election all active
and retired old hire members of the fire department shall be eligible to vote, for the
purpose of determining membership on the board. In the first election so held, two
old hire members shall be elected, the member receiving the highest number of
votes being elected for a term of two years and the member receiving the next
highest number of votes being elected for a term of one year. Upon election, such
members shall be certified as members of the board and shall take office on the
August 1 following their election. In subsequent elections, only one old hire member
shall be elected for a term of two years, and the member receiving the highest
number of votes in each subsequent election shall be certified as a member of the
board and shall take office on the August 1 following the member's election. In case
any old hire member so elected to the board becomes unable or ineligible to serve
on the board by reason of death, disability, or for any other cause, a special board
election shall be held to fill the vacancy so created for the remainder of the
unexpired term.
(c) The board shall select from their number a president and a secretary, and
the manager of revenue, or the person performing the duties thereof, shall be ex
officio treasurer of said board and custodian of all funds coming into its hands.
(4) In fire protection districts, except as provided in subsection (6) of this
section, the board shall consist of the board of directors of the fire protection
district, the treasurer of the board of the fire protection district to be treasurer of
the fund, and two active or retired old hire members of the fire department. The
trustees shall serve terms of office on the board as follows: The president for the
term of office, the treasurer for tenure in office, and two active or retired old hire
members for two-year terms of office. Initial election of the old hire members of the
fire department shall be conducted to elect one old hire member for two years and
one old hire member for one year.
(5) In county improvement districts, the board shall consist of one member of
the governing board of the county in which the district is located, the county
treasurer or finance officer, three residents of the county obligated to pay real or
personal property taxes, and two active or retired old hire members of the fire
department. The trustees shall serve terms of office on the board as follows:
Members of the governing board, during their tenure in office; the county treasurer,
during the treasurer's tenure in office; and the two active or retired old hire
members of the fire department for two-year terms of office.
(6) Notwithstanding the provisions of subsections (2), (3), and (4) of this
section, any municipality or fire protection district, with the concurrence of a
majority of the active and retired old hire members voting thereon, may by
ordinance or resolution create the board to administer the fund if the number of
employer representatives on such board equals the number of member
representatives on such board; except that, if fewer than two old hire members are
available or willing to serve on such board, the number of employer representatives
may exceed the number of member representatives.
(7) In case of any consolidation or merger of any municipality, fire protection
district, or county improvement district with one or more municipalities, fire
protection districts, or county improvement districts, the former trustees of the
various firefighters' pension funds of such consolidated or merged political
subdivisions shall, with due regard to equal representation, elect seven persons
from their number to serve as trustees of the old hire firefighters' pension fund of
said merged or consolidated fund, not more than three of whom shall be old hire
members, and the former trustees not so elected to serve shall cease to hold office.
The trustees of said consolidated fund shall elect from their number a president,
secretary, and treasurer.
(8) The treasurer of the board, in addition to any custodian appointed by the
board pursuant to section 31-30.5-204 (4), shall be the custodian of the fund and
shall secure and safely keep the same, subject to the control and direction of the
board, and shall keep books and accounts concerning said fund in such manner as
may be prescribed by the board. The books and accounts shall always be subject to
the inspection of the board or any member thereof or any other interested person.
The treasurer, upon expiration of the treasurer's term of office, shall surrender and
deliver to the treasurer's successor all bonds, securities, and unexpended moneys
or other property that came into the treasurer's hands as treasurer of said fund. The
treasurer shall be required to supply bond in an amount designated by the board
and paid for by the fund.