Article II. SPECIAL ACTS 1943, ACT NO. 249—PENSIONS FOR PAID MEMBERS OF FIRE DEPARTMENT  

An act providing for pension for the paid members of the Naugatuck fire department.

Section 1. There is created in the Borough of Naugatuck a fund to be known as the firemen's pension fund. (Special Laws, 1943, Act No. 249, § 1)

Section 2. The board of mayor and burgesses of the Borough of Naugatuck shall annually appropriate to said fund a sum not less than three hundred dollars, the first appropriation thereto to be made at the time of the passage of this act. (Special Laws 1943 Act No. 249, § 2)

Section 3. Each paid member of the department shall pay into said fund a sum equal to two per cent of his yearly salary, pro-rated monthly, which sum shall be deducted from each such member's pay and transmitted to said fund in addition to the annual appropriation of the board of mayor and burgesses. (Special Laws 1943, Act No. 249, § 3)

Section 4. Said fund shall be under the control of a board of trustees which shall consist of the board of mayor and burgesses, the chief of the fire department and the treasurer of the Borough of Naugatuck. The board of trustees shall make rules and regulations for the control, investment and deposit of said fund and are empowered to accept and receive all contributions and donations specifically given to said fund. The treasurer of the Borough of Naugatuck shall receive and deposit all moneys paid into said fund, and make such payments as are ordered by a majority vote of the board of trustees. (Special Laws 1943, Act No. 249, § 4)

Section 5. When any paid member of the Naugatuck fire department has attained the age of sixty-five years, and has served for a period of not less than twenty years as a paid member of said department, and has contributed to said fund as provided herein, he shall be retired upon his request on a monthly allotment equal to one-half of the average regular monthly pay received by him during the three years immediately preceding the time of his retirement, or said board of trustees may retire any such member on such monthly allotment by a vote of six of its members in legal meeting assembled. Any paid member may be retired as herein provided on account of illness or total or partial incapacity resulting from injury incurred in the discharge of his duty, if, after an examination by three reputable physicians, any two of them certifying in writing that such fireman is unable to perform to the full extent his duties as a fireman. (Special Laws 1943, Act No. 249, § 5)

Section 6. In the event of the resignation or death of an employee prior to the commencement of such retirement, the board of trustees shall pay to him or to his representative, designated or otherwise, an amount equal to his total contributions paid under this act and any amendments hereto. Upon the death of an employee after retirement, the amount of any excess of such total contributions made by him over the total monthly payments made to him shall be paid to his representative designated or otherwise. In the event of the discontinuance of the pensions fund provided for by this act, each employee shall be paid an amount equal to his total contributions. No employee shall have a vested interest in the funds of the pension fund, or in the amount, or any portion thereof, of the contributions of the borough or in any contribution except his own. (Special Laws 1943, Act No. 249, § 6)

Section 7. No action for any amount due under the provisions of this act shall be brought but within two years after the right of action shall accrue. All amounts not claimed within said period shall remain a part of said fund. (Special Laws 1943, Act No. 249, § 7)

Section 8. Said fund and the right of any person under the provisions of this act to any payment from said fund shall be exempt from any state, municipal, transfer or inheritance tax and shall not be subject to attachment, garnishment or execution and shall be unassignable. (Special Laws 1943, Act No. 249, § 8)