§ 54-56. Miscellaneous provisions.

(a)

Discharged members. Members entitled to a benefit shall not forfeit the same upon dismissal from the city, but shall retain entitlement as herein described.

(b)

Nonassignability. No benefits, rights or accounts shall exist under the system which are subject in any manner to voluntary or involuntary anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge the same shall be null and void; nor shall any benefit, right or account under the system be in any manner liable for, or subject to, the debts, contracts, liabilities, engagements, torts, or other obligations of the person entitled to such benefit, right or account; nor shall any benefit, right or account under the system constitute an asset in case of bankruptcy or receivership, and any such benefit, right or account under the system shall be directly payable only to the employee or beneficiary. Notwithstanding the foregoing sentence, the board shall make payments pursuant to a Qualified Domestic Relations Order as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended, or any other applicable law. The board shall establish procedures consistent with Section 414(p) of said code to determine whether any order received by the board or any other fiduciary of the system is a Qualified Domestic Relations Order.

(c)

Benefit validity. The board shall have the power to examine into the facts upon which any benefit shall heretofore have been granted under any prior or existing law, or shall hereafter be granted or obtained erroneously, fraudulently, or illegally for any reason. The board is empowered to purge the system roll of any person heretofore granted a benefit under prior or existing law or hereafter granted under this article if the same is found to be erroneous, fraudulent or illegal for any reason; and to reclassify any former member who has heretofore under any prior or existing law or who shall hereafter under this article be erroneously, improperly or illegally classified.

(d)

Incompetents. If any member, former member or beneficiary is a minor or is, in the judgment of the board, otherwise incapable of personally receiving and giving a valid receipt for any payment due him under the system, the board may, unless and until claims shall have been made by a duly appointed guardian or committee of such person, make such payment or any part thereof to such person's spouse, children or other person deemed by the board to have incurred expenses or assumed responsibility for the expenses of such person. Any payment so made shall be a complete discharge of any liability under the system for such payment.

(e)

Claims. Any member or beneficiary whose application or claim for benefits has been denied shall receive from the board a written notice setting forth the specific reasons for such denial, the reasons therein to be clearly and fully explained so as to afford such member or beneficiary a clear understanding of the decision rendered. Any such member or beneficiary whose application or claim for benefits has been denied shall have the right to a rehearing and a fair and full review by the board regarding the facts, circumstances and information pertaining to the claim and the reasons for denial of such claim.

(f)

Contributions to alternate plan. The city council has authorized supplemental contributions to the ICMA-RC Deferred Compensation Plan or Money Purchase Plan and Trust or similar plan for those persons designated in section 54-47(d) as being entitled to waive participation in other city retirement plans. For purposes of this voluntary city contribution beyond the requirements of existing retirement plans, it shall not be necessary that the individuals waive participation in their primary retirement plan. Contributions under this section shall be made during the first 15 days of each quarter for the preceding quarter's contribution.

(g)

Secondary plan. The city council has adopted the International City Management Association Retirement Corporation (ICMA-RC) Deferred Compensation Plan for voluntary employee contributions. Such plan shall be available to all employees, including members of the police and fire departments, temporary employees, and those employees who elect to participate in the ICMA-RC Deferred Compensation Plan for city contributions or the ICMA-RC Money Purchase Plan and Trust. Voluntary contributions by such persons may be as authorized by the ICMA-RC Deferred Compensation Plan. The above-designated persons shall be eligible to participate in the ICMA-RC Deferred Compensation Plan, regardless of eligibility for or membership in any other city or state retirement plans to which the city makes contributions. For purposes of the voluntary employee contributions, it shall not be necessary that the individuals waive participation in their primary retirement plan.

Contributions to the ICMA-RC 457 Deferred Compensation Plan under the provisions of this section, by members of the police and fire and rescue department, who are members of the police pension plan or the fire pension plan, are not eligible for matching contributions by the city.

(Coe 1981, § 15-30; Ord. No. 1991-25, §§ 4, 6, 10-8-91; Ord. No. 1999-15, § 1, 5-18-99; Ord. No. 2001-49, § 5, 7-24-01)