§ 76 — Same—Power to pension in case of injury or death resulting from injury in performance of duty; to whom payable; suspension or cancellation of pension

Sec. 76. - Same—Power to pension in case of injury or death resulting from injury in performance of duty; to whom payable; suspension or cancellation of pension.

Whenever any member of the Police Department of said City sustains an injury directly caused by accident arising in the course of his employment and while such police officer is on duty as a member of said department, and such injury proximately causes such member to be permanently disabled for the proper performance of his duties as a member of said department, the said pension board is empowered, in its discretion, to grant a pension not exceeding fifty percent of the salary being paid to police officers of the same grade or classification of the officer sustaining such permanent disability, and payable only for such period of time as such pension board shall determine. Whenever any member of the Police Department in said City sustains an injury directly caused by accident arising in the course of his employment and while such police officer is on duty as a member of said department and death results proximately from such accident and injury, the said pension board is empowered, in its discretion, to grant a pension, not exceeding fifty percent of the salary received by such police officer at the time of sustaining the injury which resulted in his death, payable only for such period of time as said pension board shall determine and payable only to that person or those persons then actually dependent by reason of affinity or consanguinity in the following degrees only, to-wit: The lawful widow of such member, provided she was living with her husband at the time of his injury and death and actually was dependent upon him for her maintenance and support; if no widow, to all minor children under age of eighteen years; if neither widow nor minor children under the age of eighteen years, to the father and/or mother who were supported by the deceased member of said department at the time of his death and for a substantial period of time immediately prior thereto. Should the lawful widow of such deceased employee remarry, the pension granted to her shall terminate, and the death of any person receiving any amount as a pension under this section shall terminate said pension as to such deceased dependent. Where such pension is payable to minor children as herein provided, the amount awarded to them shall be paid to their legal guardian to be used for their maintenance and support. Such police pension board is also empowered and authorized to decline any application for pension under this section, and to cancel, suspend, or discontinue any pension granted under the provisions of this Act at any time and for any causes which said pension board, by a majority vote of its members, shall deem sufficient for such declination; cancellation, suspension or discontinuance.

(Priv. Acts 1921, ch. 60, § 4; Priv. Acts 1931, ch. 433, § 1; Priv. Acts 1933, ch. 397)