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CONSTITUTION AND BY-LAWS
OF ROCKFORD POLICE RELIEF ASSOCIATION
(Revised April 04,2006)
ARTICLE I
NAME AND OFFICES
SECTION 1.
NAME. The name of this Association shall be the ROCKFORD
POLICE RELIEF ASSOCIATION. It is the intent of this
organization that it maintains its status as a tax-exempt
organization under Section 501(c) of the Tax Code of the
United States of America with its principal purposes as
follows:
a. To
develop in its members efficiency and skill and education in
the discharge of their police duties.
b. To
cultivate the moral, intellectual, and social well being of
its members, their families, and dependents.
c. To
create a high standard of citizenship.
d. To
create a fund for the payment of medical benefits directly
or through insurance, and for the payment of death benefits.
e. To
provide other assistance to members as may from time to time
be determined by the board of directors within the
parameters of Section 501 (c) 9 of the Internal Revenue Tax
Code.
SECTION 2.
OFFICES: The Association shall continuously maintain
in the State of Illinois, a registered office and a
registered agent, whose business office is identical with
such registered office and the Association may have other
offices within or without the state.
ARTICLE II
MEMBERS AND DUES
SECTION 1.
MEMBERS: The Association shall have two classes of
members, regular members and paid up life members. The
designation and qualifications of the members shall be as
follows:
a. Any
person, who shall have been a regular member of the Rockford
Police Department for not more than five (5) years, may
become a member of this Association upon application for
membership herein, successful completion of a physical
examination by a licensed physician, paying back dues from
date of appointment to the Rockford Police Department and
upon approval by the board of directors of the Association.
b. All
regular members of this Association shall be considered paid
up life members when they meet one of the following
criteria:
(I) Any
regular member who has retired from the Rockford Police
Department with at least twenty (20) years of department
service and has completed twenty five (25) years of regular
membership in this association.
(ii) Any
regular member of this Association who is retired from the
Rockford Police Department with a duty related disability. A
person who returns to active duty on the department after
disability reverts to regular membership status but his dues
shall be forgiven during the period of his disability.
EXCLUSION FROM MEMBERSHIP: After December 31, 1999 any
person, who has been a member of the Rockford Police
Department for more than five (5) years without having
joined the Rockford Police Relief Association, may not
become a member of this Association.
Any
officer, formerly a member of this Association who has been
dropped from the rolls for nonpayment of dues or any other
reasons, shall be required to be approved by the board of
directors, to pass a physical examination by a licensed
physician and payment of back dues for the period since
appointment to the department between the first nonpayment
of dues and the current date of application.
APPEAL
PROCESS: Any officer, formerly a member of this
Association who has been dropped from the rolls for cause
may appeal to the board of directors within a period of one
year to be reinstated as a member. The board of directors
may, upon resolution and a majority of votes, approve an
appeal hearing and upon a vote of three fourths (3/4) of the
board of directors, may reinstate said member.
Membership
qualifications may not be waived by the Board of Directors
without a change of these by-laws.
SECTION 2.
DUES: The dues of this Association shall be one percent
(1.25%) of the beginning gross wages of a newly hired police
officer. One quarter of one percent (.25%) shall be
deposited in the investment account to be paid to qualifying
members in accordance with article VIII, Section 3 (2) (a).
The dues shall be paid through a payroll deduction and each
member shall sign a payroll deduction form for this purpose.
Failure to execute a payroll deduction form or to pay a dues
installment shall automatically terminate an officer's
membership.
The
Treasurer shall immediately notify the executive board of
any such termination. Regular members will continue to pay
dues until becoming a paid-up life member.
Regular
members are:
a. Active
Rockford Police Department officers who have completed the
initiation process for this Association and are current in
payment of all previously assessed dues;
b. Any
regular member of this Association who retires with at least
twenty (20) years of service, but who does not have twenty
five (25) years of membership in the Association.
Dues paid
by the Treasurer and Audit Committee Chairman shall be
reimbursed annually following the annual meeting.
SECTION 3.
TERMINATION OF MEMBERSHIP: Any person now or
hereafter as a member of the Association who shall cease to
be a member of the Police Department of the City of
Rockford, Illinois, shall immediately cease to be a member
of this Association. The board shall have the power to expel
any member who, by a vote of two thirds of the membership of
the board, is found to be guilty of any offense which has
been deemed by the board to be for personal gain; for
example, the filing of a fraudulent insurance claim. Any
person, who has ceased to be a member, either by nonpayment
of dues, expulsion, resignation or otherwise shall forfeit
all rights herein and all claims for benefits and
participation in the funds of this Association, excepting
that any member who has been retired from the Department
after serving his legal term or retires because of
disability, may retain his membership in this Association.
SECTION 4.
VOTING RIGHTS: Each member shall be entitled to one
vote on each matter submitted to a vote of the members
exercised according to these by-laws.
SECTION 5.
RESIGNATION: Any member may resign by filing a
written resignation with the secretary but such resignation
shall not relieve the member so resigning of the obligation
to pay any dues, assessments, or other charges therefor
accrued and unpaid.
SECTION 6.
REINSTATEMENT: Upon written request signed by a
former member and filed with the secretary, the board of
directors may, by the affirmative vote of two thirds of the
members of the board, reinstate such former member to
membership on such terms as the board of directors may deem
appropriate.
The
reinstatement shall include the payment of back dues while a
member has been absent from the Association and a physical
examination.
SECTION 7.
TRANSFER OF MEMBERSHIP: Membership in this
Association is not transferable or assignable nor are
benefits transferable.
SECTION 8.
NO MEMBERSHIP CERTIFICATES: No membership
certificates of the Association shall be required.
ARTICLE III
MEETINGS OF MEMBERS
SECTION 1.
ANNUAL MEETING: The annual meeting of the members of
the Association shall be held during the month of October of
each year with the date and location to be determined by the
President of the Association. Said date and location shall
be announced to all members not later than September 15 of
said year. All nominations for officers and directors shall
be made at the annual meeting of the even year by members
present. A member not present must be nominated by a member
present and must have submitted in writing to the board of
directors, his/her desire to serve as nominated
SECTION 2.
SPECIAL MEETING: Special meetings of the members may
be called either by the president or a quorum of the board
of directors, or not less than one twentieth of the members
having voting rights, for the purpose or purposes stated in
the call of the meeting.
SECTION 3.
PLACE OF MEETING: The president may designate any
place as the place of meeting for the annual meeting or any
special meeting called. If no designation is made or if a
special meeting is otherwise called the place of meeting
shall be the registered office of the Association in the
State of Illinois.
SECTION 4.
NOTICE OF MEETINGS: Written notice stating the place,
date, and hour of any meeting of members shall be delivered
to each member entitled to vote at such meeting not less
than fifteen (15) nor more than sixty (60) days before the
date of such meeting, or, in the case of a removal of one or
more directors, a merger, consolidation, or dissolution, or
a sale, lease, or exchange of assets, not less than twenty
(20) nor more than sixty (60) days before the date of the
meeting. In case of a special meeting or when required by
statute or by these by-laws, the purpose for which the
meeting is called shall be stated in the notice. If mailed,
the notice of a meeting shall be deemed delivered when
deposited in the United States mail addressed to the member
at his or her address as it appears on the records of the
Association, with postage thereon prepaid. When a meeting is
adjourned to another time or place, notice need not be given
of the adjourned meeting if the time and place thereof are
announced at the meeting at which the adjournment is taken.
SECTION 5.
INFORMAL ACTION BY MEMBERS: Any action required to be
taken at a meeting of the members of the Association, or any
other action that may be taken at a meeting of members, may
be taken without a meeting if a consent in writing, setting
forth the action so taken, shall be signed either (1) by all
the members entitled to vote with respect to the subject
matter thereof, or (2) by the members having not less than
the minimum number of votes that would be necessity to
authorize or take such actions at a meeting at which all
members entitled to vote thereon were present and voting. If
such consent is signed by less than all of the members
entitled to vote, then such consent shall become effective
only (a) if, at least fifteen (15) days prior to the
effective date of such consent, a notice in writing of the
proposed action is delivered to all of the members entitled
to vote with respect to the subject matter thereof, and (b)
if, after the effective date of such consent, prompt notice
in writing of the taking of the corporate action without a
meeting is delivered to those members entitled to vote who
have not consented in writing.
SECTION 6.
FIXING OF RECORD: For the purpose of determining the
members entitled to notice of or to vote at any meeting of
members, or in order to make a determination of members for
any other proper purpose, the board of directors of the
Association may fix in advance a date as the record date for
any such determination of members, such date in any case to
be no more than sixty (60) days and, for a meeting of
members, not less than fifteen (15) days, or in the case of
a merger, consolidation, or dissolution of a sale, lease, or
exchange of assets, not less than twenty (20) days before
the date of such meeting. If no record date is fixed for the
determination of members entitled to notice of or to vote at
a meeting of members, the date on which notice of the
meeting is delivered shall be the record date for such
determination of members. When determination of members
entitled to vote at any meeting of members has been made,
such determination shall apply to any adjournment of the
meeting.
SECTION 7.
QUORUM: The holders of one-tenth of the votes that
may be cast at a meeting of the Association, represented in
person or by proxy, shall constitute a quorum for
consideration of such matter at any meeting of members;
provided that, if less than one-tenth of the outstanding
votes are represented at said meeting, a majority of the
votes so represented may adjourn the meeting at any time
without further notice. If a quorum is present, the
affirmative vote of a majority of the votes represented at
the meeting shall be the act of the members, unless the vote
of a greater number is required by the General Not for
Profit Corporation Act, the articles of incorporation, or
these by-laws. At any adjourned meeting at which a quorum
shall be present, any business may be transacted that might
have been transacted at the original meeting. Withdrawal of
members from any meeting shall not cause failure of a duly
constituted quorum at that meeting.
SECTION 8.
PROXIES: Each member entitled to vote at a meeting of
members or to express consent or dissent to corporate action
in writing without a meeting may authorize another person or
persons to act for him or her by proxy, but no such proxy
shall be voted or acted on after the meeting.
SECTION 9.
VOTING: Each member shall be entitled to one vote in
each matter submitted to vote at a meeting of members. Each
member may vote either in person or by proxy as provided in
SECTION 8 hereof.
SECTION 10.
INSPECTORS: At any meeting of members, the president
may appoint one or more persons, or upon the request of any
member, shall appoint one or more persons as inspectors for
such meeting for the purpose of counting votes, maintaining
order, and other services as needed.
Such
inspectors shall ascertain and report the number of votes
represented at the meeting, based on their determination of
the validity and effect of proxies, count all votes and
report the results; and do such other acts as are proper to
conduct the election and voting with impartiality and
fairness to all the members.
Each report
of an inspector shall be in writing and signed by him or her
or by a majority of them if there be more than one inspector
acting at such meeting. If there is more than one inspector,
the report of a majority shall be the report of the
inspectors. The report of the inspector or inspectors on the
number of votes represented at the meeting and the results
of the voting shall be prima facie, evidence thereof.
SECTION 11.
RULES OF ORDER: The President of the Association
shall preside at all meetings of the membership and the
board of directors, and shall determine the order of
business. The meetings shall be conducted according to
Robert's Rules of Order. The President shall be
ex-officio chairman of all committees. In the absence of the
President, the vice-president shall preside.
ARTICLE IV
BOARD OF DIRECTORS
SECTION 1.
GENERAL POWERS: The affairs of the Association shall
be managed by its board of directors. A majority of the
board of directors may establish reasonable compensation up
to that amount paid for dues by the member.
SECTION 2.
NUMBER, TENURE, AND QUALIFICATIONS: The number of
directors shall be 10. Consisting of four officers, four
regular member directors and two retired member directors.
Each director shall hold office until the next biannual
meeting of members and until his or her successors have been
elected or appointed and qualified.
SECTION 3.
REGULAR MEETINGS: Regular meetings of the board of
directors shall be held on the first Tuesday of each month
at the Public Safety Building without other notice than
these by-laws. The president may call additional meetings of
the board.
SECTION 4.
SPECIAL MEETINGS: Special meetings of board of
directors may be called by or at the request of the
president or of any four directors. The person or persons
authorized to call special meetings of the board may fix any
place as the place for holding any special meeting of the
board called by them.
SECTION 5.
NOTICE: Notice of any special meeting of the board of
directors shall be given at least two (2) days previous
thereto to each director. No special meeting of directors
may remove a director unless written notice of the proposed
removal is delivered to all directors at least twenty (20)
days prior to such meeting. If mailed, such notice shall be
deemed to be delivered when deposited in the United States
mail in a sealed envelope so addressed, with postage thereon
prepaid. If notice is given by telegram, such notice shall
be deemed to be delivered when the telegram is delivered to
the telegram company. Notice of any special meeting of the
board of directors may be waived in writing signed by the
person or persons entitled to the notice either before or
after the time of the meeting. The attendance of a director
at any meeting shall constitute a waiver of notice of such
meeting, except when a director attends a meeting for the
express purpose of objecting to the transaction of any
business because the meeting is not lawfully called or
convened. Neither the business to be transacted, for the
purpose of any regular or special meeting of the board, need
be specified in the notice or waiver of notice of such
meeting, unless specifically required by law or by these
by-laws.
SECTION 6.
QUORUM: A majority of the board of directors shall
constitute a quorum for the transaction of business at any
meeting of the board of directors, provided that if less
than a majority of the directors are present at said
meeting, a majority of the directors present may adjourn the
meeting to another time without further notice.
SECTION 7.
MANNER OF ACTING: The act of a majority of the
directors present at a meeting at which a quorum is present
shall be the act of the board of directors, unless the act
of a greater number is required by statute or these by-laws.
No director may act by proxy on any matter.
SECTION 8.
VACANCIES: Any vacancy occurring in the board of
directors shall be filled by the president with approval of
a quorum of the board, unless the articles of incorporation,
a statute, or these bylaws provides that a vacancy shall be
filled in some other manner, in which case such provision
shall control. A director elected or appointed, as the case
may be, to fill a vacancy, shall be appointed for the
unexpired term of his or her predecessor in office.
SECTION 9.
RESIGNATION AND REMOVAL OF DIRECTORS: A director may
resign at any time upon written notice to the board of
directors. A director may be removed with cause, as
specified by statute.
SECTION 10.
INFORMAL ACTION BY DIRECTORS: The authority of the
board of directors may be exercised without a meeting if a
consent in writing, setting forth the action taken, is
signed by all the directors entitled to vote.
SECTION 11.
PRESUMPTION OF ASSENT: A director of the Association
who is present at a meeting of the board of directors at
which action on any Association matter is taken shall be
conclusively presumed to have assented to the action taken
unless his or her dissent shall be entered in the minutes of
the meeting or unless he or she shall file his or her
written dissent to such action with the person acting as the
secretary of the meeting before the adjournment thereof, or
shall forward such dissent by registered or certified mail
to the secretary of the Association immediately after the
adjournment of the meeting. Such right to dissent shall not
apply to a director who voted in favor of such action.
ARTICLE V
OFFICERS
SECTION 1.
OFFICERS: The officers of the Association shall be a
president, vice president, secretary and treasurer. Officers
may be any member in good standing, either active or
retired.
SECTION 2.
ELECTION AND TERM OF OFFICE: The officers and
directors of the Association shall be elected biannually.
Election shall be by Australian ballot and voting shall be
held at a designated place in the Rockford Police Department
quarters. The polls shall be open for five days, beginning
at 6 A.M. on Thursday and closing at 8 A.M. on the following
Tuesday. The Secretary shall furnish absentee ballots to
members requesting them. Absentee ballots are to be sent to
all retired members; absentee ballots must be returned by
the time the polls are closed.
Vacancies
may be filled at any meeting of the board of directors. Each
officer shall hold office until his or her successor shall
have been duly elected and qualified, or until his or her
death, or until he or she shall resign or shall have been
removed in the manner hereinafter provided. Election of an
officer shall not of itself create contract rights.
SECTION 3.
REMOVAL: Any officer or director elected or appointed
by the board of directors may be removed by a vote of two
thirds (2/3) the board of directors whenever in its judgment
the best interest of the Association would be served
thereby, but such removal shall be without prejudice to the
contract rights, if any, of the person so removed.
SECTION 4.
PRESIDENT: The president shall be the principal
executive officer of the Association. Subject to the
direction and control of the board of directors, he or she
shall be in charge of the business and affairs of the
Association; he or she shall see that the resolutions and
directives of the board of directors are carried into effect
except in those instances in which that responsibility is
assigned to some other person by the board of directors;
and, in general, he or she shall discharge all duties
incident to the office of president and such other duties as
may be prescribed by the board of directors. He or she shall
preside at all meetings of the members and of the board of
directors. Except in those instances in which the authority
to execute is expressly delegated to another officer or
agent of the Association or a different mode of execution is
expressly prescribed by the board of directors of these
by-laws, he or she may execute for the Association any
contracts, deeds, mortgages, bonds, or other instruments
that the board of directors has authorized to be executed,
and he or she may accomplish such execution either under or
without the seal of the Association and either individually
or with the secretary, any assistant secretary, or any other
officer thereunto authorized by the board of directors,
according to the requirements of the form of the instrument.
He or she may vote all securities that the Association is
entitled to vote except as and to the extent such authority
shall be vested in a different officer or member of the
Association by the board of directors. The president shall
give bond for the faithful discharge of his or her duties in
such sum and with sureties as the board of directors shall
determine.
SECTION 5.
VICE PRESIDENT: The vice president shall assist the
president in the discharge of his or her duties as the
president may direct and shall perform such other duties as
from time to time may be assigned to him or her by the
president of the board of directors. Without the president
or if there is his or her inability or refusal to act, the
vice president shall perform the duties of the president
and, when so acting, shall have all the powers of and be
subject to all the restrictions on the president. Except in
those instances in which the authority to execute is
expressly delegated to another officer or agent of the
Association or a different mode of execution is expressly
prescribed by the board of directors or theses by-laws, the
vice president may execute for the Association any
contracts, deeds, mortgages, bonds, or other instruments
that the board of directors has authorized to be executed,
and he or she may accomplish such execution either under or
without the seal of the Association and either individually
or with the secretary, any assistant secretary, or any other
officer thereunto authorized by the board of directors,
according to the requirements of the form of the instrument.
The vice president shall give bond for the faithful
discharge of his or her duties in such sum and with surety
or sureties as the board of directors shall determine.
SECTION 6.
TREASURER: The treasurer shall be the principal
accounting and financial officer of the Association. He or
she shall (a) have charge of and be responsible for the
maintenance of adequate books of account for the
Association; (b) have charge and custody of all funds and
securities of the Association, and be responsible thereof,
and for the receipt and disbursement thereof; and (c)
perform all the duties incident to the office of treasurer
and such other duties as from time to time may be assigned
to him or her by the president or by the board of directors.
The treasurer shall give bond for the faithful discharge of
his or her duties in such sum and with such surety or
sureties as the board of directors shall determine.
SECTION 7.
SECRETARY: The secretary shall (a) record the minutes
of the meeting of the members and of the board of directors
in one or more books provided for that purpose; (b) see that
all notices are duly given in accordance with the provisions
of these by-laws or as required by law; (c) be a custodian
of the Association records and of the seal of the
Association; (d) keep a register of the post office address
of each member which shall be furnished to the secretary by
such member; (e) prepare ballots for elections of officers
and directors, and (f) perform all duties incident to the
office of secretary and such other duties as from time to
time may be assigned to him or her by the president or by
the board of directors.
ARTICLE VI
COMMITTEES
SECTION 1.
AUDIT COMMITTEE: The President shall appoint an Auditing
Committee consisting of five members of the Association and
it shall be the duty of such Auditing Committee to audit all
medical bills presented by a member of the Association and
to certify the same to the President of the Association for
payment from time to time. It shall be the duty of the
Auditing Committee to advise the Treasurer of all medical
bills presented to it for audit and of its action concerning
the approval or disapproval of the same.
SECTION 2.
FINANCE COMMITTEE: The President shall appoint a
finance committee consisting of four members and the
treasurer. Two members shall be regular members and two
members shall be retired members. The committee will be
responsible for advising the board of directors regarding
invested funds, amount of income from year to year,
distribution of funds, and principle amount of funds. A
written report shall be submitted to the board of directors
not later than the February meeting of the board.
SECTION 3.
ADDITIONAL COMMITTEES: The president may appoint such
other committees as shall be necessary from time to time,
membership and size to be determined by the President.
SECTION 4.
TERM OF OFFICE: Each member of a committee shall
continue as such until the next annual meeting of the
members of the Association and until his or her successor is
appointed, unless the committee shall be sooner terminated,
or unless such member be removed from such committee by the
president, or unless such member shall cease to qualify as a
member thereof.
SECTION 5.
VACANCIES: Vacancies in the membership of any
committee may be filled by appointments made in the same
manner as provided in the case of the original appointments.
ARTICLE VII
CONTRACTS, CHECKS, AND FUNDS
SECTION 1.
CONTRACTS: A quorum of the board of directors may, by
resolution, authorize any officer or officers, agent or
agents of the Association, in addition to the officers so
authorized by these by-laws, to enter into any contract or
execute and deliver any instrument in the name of and on
behalf of the Association, and such authority may be general
or confined to specific instances.
SECTION 2.
CHECKS, DRAFTS, ETC.: All checks, drafts, or other
orders for the payment of money, notes, or other evidences
of indebtedness issued in the name of the Association shall
be signed by such officer or officers, agent or agents of
the Association and in such manner as shall from time to
time be determined by resolution of the board of directors.
Without such determination by the board of directors, such
instruments shall be signed by the treasurer and
countersigned by the president or vice president of the
Association.
SECTION 3.
DEPOSITS: All funds of the Association shall be
deposited from time to time to the credit of the
Association, in such banks, trust companies, or other
depositories as the board of directors may select.
SECTION 4.
GIFTS: The board of directors may accept on behalf of
the Association any contribution, gift, bequest, or device
for the general purposes or for any special purpose of the
Association.
ARTICLE VIII
CERTIFICATES OF BENEFITS
SECTION 1.
COVERED BILLS: The Association will pay covered
medical, surgical to include up to five hundred $500 dollars
for dental care, up to three hundred $300.00 dollars for
chiropractic care, and hospital bills incurred by its
members resulting from injury or illness of a member,
subject to the following restrictions:
a. Any
bills to be covered under this Section shall be bills
incurred by members for treatment of members residing within
the United States. Written approval for any treatment is to
be secured from the Board of the Association for all members
living outside the United States before such treatment and
the board may grant coverage at the board's discretion.
The board
may waive the notice provisions and the coverage provision
regarding residency in the case of emergency treatment by a
member.
b. The
maximum benefit allowed to any one member in one fiscal year
(January to December) or for one illness or injury shall be
two thousand ($2,000.00) dollars total.
c. No
payment whatsoever shall be made for any bill incurred in
the treatment of any sexually transmitted disease or
resulting from any illness or injuries brought on by any
sexually transmitted disease or aggravated by any sexually
transmitted disease. No payment shall be made for any bill
incurred for an abortion or illness or injury aggravated by
an abortion. No payment shall be made for any bill resulting
from any intentional or self-inflicted injury, while sane or
insane; no bill shall be paid because of a suicide or
attempted suicide, while sane or insane.
d. No bill
for medication shall be paid unless such medication was
administered by a physician to a member while the member was
confined in a hospital or said medication was administered
by a physician in the physician's office or clinic.
e. Bills
that will not be paid for by the Association include but are
not limited to: Cosmetic surgery, elective surgery,
dentures, crutches, braces, belts, eyeglasses, eye
examinations (unless by an ophthalmologist), hearing aids,
contact lenses, RK surgery or other elective surgery of the
eye. This provision does not apply to illness or damage
caused solely by injury that occurs while the party is a
member in good standing of the Rockford Police Relief
Association.
f. The
Association will pay the above-listed benefit for one and
only one course of treatment or counseling directed by a
physician or psychiatrist not to exceed two thousand
($2,000.00) dollars for alcohol related or drug related
programs physician during the lifetime of a member. Payment
will be made only upon completion of treatment and shall not
be made if the member voluntarily terminates treatment
before the completion of treatment or against medical or
psychiatric advice.
g. The
Association will pay the benefit for one course of treatment
for mental illness or related counseling not to exceed two
thousand ($2,000.00) dollars during the member's lifetime.
This treatment shall be paid only for the services of a
certified psychiatrist or certified clinical psychologist;
no other forms of counseling will be paid for by the
Association whether said counseling is ordered, prescribed
or directed by a physician or psychiatrist. All costs of
treatment beyond the provisions of this Section will be the
sole responsibility of the member. Payment for such
treatment or counseling will be paid only upon completion of
treatment.
h. The
Association will not pay for any surgery to reverse the
effects of a prior vasectomy or tubal legation.
The
benefits under this Section shall be secondary only to the
primary insurance of the member and shall be paid only when
the primary insurance carrier has left a portion of the
medical expenses unpaid because of a stated deductible
amount or other reason covered by the members policy then in
effect. A member will be reimbursed only to the extent that
his medical insurance is equivalent to the medical insurance
program provided by the City of Rockford, Illinois to Police
Department personnel and the member will be reimbursed for
medical bills at the same rate as if the member had
insurance as provided to police officers by the City of
Rockford, Illinois. Any member who chooses not to purchase
medical insurance will be reimbursed on an annual basis only
for medical bills more than three thousand ($3,000.00)
dollars. Those members who are not covered by an insurance
carrier or Medicare will not be reimbursed for medical bills
until this amount considered as a deductible is exceeded and
no medical reimbursement will be paid to the member until
proof that submitted medical bills are in excess of the
three thousand ($3,000.00) dollar limit has been made. In no
case shall the maximum benefit to any member of the
Association exceed two thousand ($2,000.00) dollars in any
fiscal year.
i. All
medical bills incurred by a member are ultimately that
members responsibility. Bills shall be submitted in a manner
prescribed by the Board. In no case shall any medical bill
be sent directly to the Association by the medical vendor.
Only medical bills incurred by a member of the Association
for covered illness or injuries shall be paid by the
Association; other persons are not covered at any time.
Payment for all treatment, covered injuries or illnesses
shall not exceed the annual two thousand ($2,000.00) dollar
per member limit. Bills must be submitted
within twelve months of treatment. Bills submitted later
than said period will not be paid.
j. When the
Association pays out moneys to any member who has been
injured in an accident, the Association shall become
subrogated to the rights of the member so paid to the full
amount of the moneys so paid. Where any member of this
Association makes a settlement with an opposite party, tort
feasor, or insurer, and by doing so gives up his/her right
to sue or covenant a release to the party so paying, that
member automatically gives up his/her privilege of
collection from this Association for that particular bill
and shall reimburse the Association for bills paid by the
Association for the injury. A subrogation form provided by
the Association shall be signed by said member before moneys
are paid.
The board
of directors may from time to time by resolution and three
fourth (3/4) of the total board vote, add or remove medical
benefits. Said resolution shall be based on financial
condition of the Association.
SECTION 2.
DEATH BENEFIT: Upon proof of the death of any member
in good standing in the Association, the total sum of three
thousand ($3,000.00) dollars shall be paid to his or her
designated beneficiaries by the Rockford Police Relief
Association. A form provided by the Association must be on
file with the Association at the time of death of member
naming said beneficiary. In the event the member provides no
designated beneficiary card, benefits shall be paid to
surviving spouse, but if no spouse survives the member, then
the member children share and share alike, but if the member
leaves no spouse or children, then the member's surviving
parent or parents share equally and should no spouse, child
or parent survive the member, then in that case the death
benefit under this section shall consist solely of the
payment of member's funeral expenses, but in an amount not
to exceed three thousand ($3,000.00) dollars.
SECTION 3.
SUPPLEMENTAL INCOME BENEFIT: Effective January 1,
2000, in addition the above stated benefits the Association
shall provide supplemental benefits to members based upon
the following spending policy established by the board of
directors:
1. The
board of directors shall invest funds of the Association in
securities (treasuries, stocks, bonds, money market funds
etc.) to insure that income is produced for the benefit of
members of the Association.
2. The
board of directors shall distribute funds according to the
following guidelines:
(a.) Income
produced by invested funds of the Association shall be
distributed in the following proportions:
(I) Five (5
%) percent of said income shall be reinvested in Association
funds.
(ii)
Ninety-five (95%) percent of income shall be available to be
distributed to members of the Association.
(iii) Said
funds shall be distributed to retired members first with
remaining funds to be distributed to active members.
(iv) Said
funds shall be distributed based upon health insurance
payments made by said members. That amount of health
insurance premium paid for single coverage of member
according to the policy of the City of Rockford insurance
program will be the determining factor for distribution of
funds.
A member
paying dependent coverage who is married to another member
and one member, because of the City of Rockford insurance
program, is barred from possessing single coverage will be
reimbursed at the dependent coverage rate.
(v) In
order to be eligible for a share of said distribution said
member shall submit proof of payment of health insurance
premium not later than January 31 following the year for
which the distribution is to be made. (E.g. to be eligible
for a share of 1998 distribution member must submit proof of
payment of health insurance premium not later than January
31, 1999) Distribution shall not exceed that amount of
insurance premium paid by said member. Supplemental
Medicare/Medicaid premium payment shall be included in said
coverage.
Members not
covered by health insurance and members not submitting proof
of premium payment within required period shall not
participate in distribution of funds. Member need not be
covered or pay premium payments to the City of Rockford. Any
comparable insurance coverage premiums are eligible.
3. The
principal amount of two million two hundred fifty thousand
($2,250,000) dollars shall be maintained as investment
principal. Only that amount of income generated by said
principal between January 1, and December 31 of any given
year according to guidelines set forth by these by-laws
shall be distributed. Said principal amount shall increase
according to guidelines set forth by these by-laws.
4.
Distribution of funds shall become effective retroactive to
January first 2000 (01/01/2000). Checks shall be issued
after the board of director approval of said funds.
ARTICLE IX
REAL PROPERTY
SECTION 1.
REAL PROPERTY: Real property owned by the Rockford
Police Relief Association, including the following described
premises, shall be managed by the board of directors in the
best interest of all its members:
All that
part of the NW Quarter NE Quarter Section 23, Township 43N,
Range 1 E of the Third Principal Meridian lying East of the
West R/W line of the Chicago-Rock ford and Northern Railroad
Company (now the Chicago Burlington and Quincy Railroad)
excepting that part thereof conveyed to the Chicago and
Northern Railroad Company (now the Chicago Burlington and
Quincy Railroad) by deed recorded in Book 110 of Deeds Page
164, and that part thereof conveyed to the Illinois, Iowa,
and Minnesota Railway Company (now Chicago, Milwaukee, St.
Paul and Pacific Railroad) by deed recorded in Book 187 of
Deeds, page 325, also excepting that part thereof lying
South of a line drawn from a point 19 chains North of the
Center of said Section 23 and running thence North 86
degrees 48 minutes East to East line of said NW Quarter, NE
Quarter of said section 23; also excepting that part if any
lying South of the hedge lying near the south line of said
NW Quarter, NE Quarter of said Section 23 | subject to
Recorder's Office of Winnebago County, State of Illinois.
And reserving an easement for the construction and
maintenance of an open storm sewer in, over, and across said
premises as now located, together with the right to repair,
maintain, and improve the same and also subject to existing
easements for roadways, highways, public utilities,
railways, pipe lines, storm drains, water mains, sewer
lines, permits, and licenses and reserving all existing
easements and licenses in favor of the United States, and
all buildings, structures, and improvements in or on the
property, being part of the same property acquired by the
United States of America under a Warranty Deed from George
Robinson, et at, dated June 28, 1919, and recorded in Book
259, page 509, in the Tax Code: 239A-007
SECTION 2.
CUSTODIAN: There shall be appointed biannually a
Custodian of real property of the Association by the
president; such custodian will have charge of said property
and it shall be his duty to report to the president and
arrange for the general maintenance and improvement of said
property. Amounts shall not exceed five hundred ($500.00)
dollars without approval of the board of directors.
SECTION 3.
INSURANCE: The Board of the Association shall carry
adequate insurance always for the protection of the property
of this Association, against loss or damage to the personal
property and improvements on the real estate, and to protect
the Association against liability for any damages to others.
SECTION 4.
SALE OF REAL PROPERTY: The sale of real property
shall require majority approval of the membership by ballot
vote. Upon a vote by the members to sell real property the
board of directors will appoint a committee to provide
information regarding the sale of said property.
ARTICLE X
BOOKS AND RECORDS
The
Association shall keep correct and complete books and
records of account. It shall also keep minutes of the
proceedings of its members, board of directors, and
committees having any of the authority of the board of
directors and shall keep at the registered or principal
office a record giving the names and addresses of the
members entitled to vote. All books and records of the
Association may be inspected by any member, or his or her
agent or attorney, for any proper purpose at any reasonable
time.
ARTICLE XI
WAIVER OF NOTICE
Whenever
any notice is required to be given under the provisions of
the General Not for Profit Corporation Act of Illinois or
under the provisions of the by-laws of the Association, a
waiver thereof in writing, signed by the person or persons
entitled to such notice, whether before or after the time
stated therein, shall be deemed equivalent to the giving of
such notice. Attendance at any meeting shall constitute a
waiver of notice thereof unless the person at the meeting
objects to the holding of the meeting because proper notice
was not given.
ARTICLE XII
INDEMNIFICATION
SECTION 1.
INDEMNIFICATION IN ACTIONS OTHER THAN BY OR IN THE
RIGHT OF THE ASSOCIATION: The Association may indemnify
any person who was or is a party or is threatened to be made
a party to any threatened, pending, or completed action,
suit, or proceeding, whether civil, criminal,
administrative, or investigative (other than an action by or
in the right of the Association) by reason of the fact that
he or she is or was a director, officer, employee, or agent
of the Association, or is or was serving at the request of
the Association, partnership, joint venture, trust, or other
enterprise, against expenses (including attorneys' fees),
judgments, fines, and amounts paid in settlement actually
and reasonably incurred by such person in connection with
such action, suit, or proceeding, if such person acted in
good faith and in a manner he or she reasonably believed to
be in, or not opposed to, the best interests of the
Association and, concerning any criminal action or
proceeding, had no reasonable cause to believe his or her
conduct was unlawful. The termination of any action, suit,
or proceeding by judgment, order, settlement, or conviction
or upon a plea of nolo contenders or its equivalent shall
not, of itself, create a presumption that the person did not
act in good faith and in a manner which he or she reasonably
believed to be in or not opposed to the best interests of
the Association or, with respect to any criminal action or
proceeding, that the person had reasonable cause to believe
that his or her conduct was unlawful.
SECTION 2.
INDEMNIFICATION IN ACTIONS BY OR IN THE RIGHT OF THE
ASSOCIATION: The Association may indemnify any person
who was or is a party or is threatened to be made a party to
any threatened, pending, or completed action or suit by or
in the right of the Association to procure a judgment in its
favor by reason of the fact that such person is or was a
director, officer, employee, or agent of the Association, or
is or was serving at the request of the Association as a
director, officer, employee, or agent of another
corporation, partnership, joint venture, trust, or other
enterprise, against expenses (including attorneys' fees)
actually and reasonably incurred by such person in
connection with the defense or settlement of such action or
suit, if such person acted in good faith and in a manner he
or she reasonably believed to be in, or not opposed to, the
best interests of the Association, provided that no
indemnification shall be made in respect of any claim,
issue, or matter as to which such person shall leave been
adjudged to be liable for negligence or misconduct in the
performance of his or her duty to the Association, unless,
and only to the extent that the court in which such action
or lawsuit was brought shall determine upon application
that, despite the adjudication of liability, but in view of
all the circumstances of the case, such person is fairly and
reasonably entitled to indemnity for such expenses as the
court shall deem proper.
SECTION 3.
RIGHT TO PAYMENT OF EXPENSES: To the extent that a
director, officer, employee, or agent of the Association has
been successful, on the merits or otherwise, in the defense
of any action, suit, or proceeding referred to in Sections 1
and 2 of this Article, or in defense of any claim, issue, or
matter therein, such person shall be indemnified against
expenses (including attorneys' fees) actually and reasonably
incurred by such person in connection therewith.
SECTION 4.
DETERMINATION OF CONDUCT: Any indemnification under
Sections 1 and 2 of this Article (unless ordered by a court)
shall be made by the Association only as authorized in the
specific case, upon a determination that indemnification of
the director, officer, employee, or agent is proper in the
circumstances because he or she has met the applicable
standard of conduct set forth in Sections 1 or 2 of this
Article. Such determination shall be made (a) by the board
of directors by a majority vote of a quorum consisting of
directors who were not parties to such action, suit, or
proceeding; (b) if such a quorum is not obtainable, or even
if obtainable, if a quorum of disinterested directors so
direct, by independent legal counsel in a written opinion;
or (c) by the members entitled to vote, if any.
Section 5.
PAYMENT OF EXPENSES IN ADVANCE: Expenses incurred in
defending a civil or criminal action, suit, or proceeding
may be paid by the Association in advance of the final
disposition of such action, suit, or proceeding, as
authorized by the board of directors in the specific case,
upon receipt of an undertaking by or on behalf of the
director, officer, employee, or agent to repay such amount,
unless it shall ultimately be determined that he or she is
entitled to be indemnified by the Association as authorized
in this Article.
SECTION 6.
INDEMNIFICATION NOT EXCLUSIVE: The indemnification
provided by this Article shall not be deemed exclusive of
any other rights to which those seeking indemnification may
be entitled under any by-law, agreement, vote of member or
disinterested directors, or otherwise, both as to action in
his or her official capacity and as to action in another
capacity while holding such office, and shall continue as to
a person who has ceased to be a director, officer, employee,
or agent, and shall inure to the benefit of the heirs,
executors, and administrators of such a person.
SECTION 7.
INSURANCE: The Association may purchase and maintain
insurance on behalf of any person who is or was a director,
officer, employee, or agent of the corporation, or who is or
was serving at the request of the Association as a director,
officer, employee, or agent of another corporation,
partnership, joint venture, trust, or other enterprise,
against any liability asserted against such person and
incurred by such person in any such capacity, or arising out
of his or her status as such, whether or not the Association
would have the power to indemnify such person against such
liability under the provisions of this Article.
SECTION 8.
NOTICE TO MEMBERS: If the Association has paid
indemnity or has advanced expenses under this Article to a
director, officer, employee, or agent, the Association shall
report the indemnification or advance in writing to any
member entitled to vote with or before the notice of the
next meeting of the members entitled to vote.
SECTION 9.
REFERENCES TO ASSOCIATION: For purposes of this
Article, references to "the Association" shall include, in
addition to the surviving corporation, any merging
corporation (including any corporation having merged with a
merging corporation) absorbed in a merger that, if its
separate existence had continued, would have had the power
and authority to indemnify its directors, officers,
employees, or agents, so that any person who was a director,
officer, employee, or agent of such merging corporation, or
was serving at the request of such merging corporation as a
director, officer, employee, or agent of another
corporation, partnership, joint venture, trust, or other
enterprise, shall stand in the same position under the
provisions of this Article concerning the surviving
corporation as such person would leave concerning such
merging corporation if its separate existence had continued.
SECTION 10.
OTHER REFERENCES: For purpose of this Article,
references to "other enterprises" shall include employee
benefit plans; references to "fines" shall include any
excise tax assessed on a person with respect to an employee
benefit plan; and references to "serving at the request of
the Association" shall include any service as a director,
officer, employee, or agent of the Association that imposes
duties on or involves services by such director, officer,
employee, or agent concerning an employee benefit plan, its
participants, or beneficiaries. A person who acted in good
faith and in a manner he or she reasonably believed to be in
the best interests of the participants and beneficiaries of
an employee benefit plan shall be deemed to have acted in a
manner "not opposed to the best interests of the
Association" as referred to in this Article.
ARTICLE XIII
AMENDMENTS
The power
to alter, amend, or repeal the by-laws or adopt new by-laws
shall be vested in the membership unless otherwise provided
in the articles of incorporation or the by-laws. Such action
may be taken at a regular or special meeting for which
written notice of the purpose shall be given. The by-laws
may contain any provisions for the regulation and management
of the affairs of the Association not inconsistent with law
or the articles of incorporation. Purposed amendments shall
be submitted in writing to the board of directors. The board
of directors will determine those by-laws
changes to be submitted to the membership at the annual
meeting or a special meeting called for that purpose.
Amendments will be voted on by those members present and by
proxies held by members present.
ARTICLE XIV
DISSOLUTION
SECTION 1.
PROCEDURE: If at any regular or special meeting,
called for the purpose of dissolution, three-fourths of the
active membership present vote in favor of dissolution of
the Association, the following procedure will be
implemented. Ballots will be prepared by the Secretary and
distributed to the membership within ten (10) days of the
meeting so authorizing dissolution procedures. Ballots will
be mailed to all retired members to be returned within ten
(10) days of the postmark date on the envelope to the
Secretary. Active members will vote at the Front Desk of the
Public Safety Building for five (5) days. All ballots
received from retired members of the Association and the
votes cast and placed in the designated ballot box by active
members will be counted. If three-fourths of all ballots
cast favor dissolution, the Association shall be dissolved
within sixty (60) days of such vote.
SECTION 2.
WRAP UP: Immediately after a vote favoring
dissolution, the Board shall proceed to settle any financial
obligations pending against the Association and dispose of
all property held by the Association.
SECTION 3.
FUNDS: All funds and property remaining after all claims
have been settled shall be turned over to the Board for
disposal.
SECTION 4.
SALE: The property may be offered for purchase to
members via sealed bid, as determined by the Board. In the
event the property is sold through a Realtor, the total
proceeds will be distributed to such nonprofit, tax-exempt
educational, charitable, or law enforcement organizations as
selected by the Board. If the property is not purchased or
bids refused, then it shall be turned over to such
nonprofit, tax-exempt educational, charitable, or law
enforcement organizations as selected by the Board.
SECTION 5.
DISTRIBUTION: All Association funds remaining shall
be distributed by the Board to such nonprofit, tax-exempt
educational, charitable, or law enforcement organization as
selected by the Board |
