§ 54-160. Miscellaneous provisions regarding participants.

(a)

Participants to furnish required information. Each participant, his beneficiary and joint pensioner will furnish to the retirement committee such information as the retirement committee considers necessary or desirable for purposes of administering the plan, and the provisions of the plan respecting any payments thereunder are conditional upon the participant, beneficiary or joint pensioner furnishing promptly such true, full and complete information as the retirement committee may request.

Each participant will submit proof of his age and proof of the age of each beneficiary and joint pensioner designated or selected by him to the retirement committee at such time as required by the retirement committee. If such proof of age is not submitted as required, the retirement committee will use as conclusive evidence thereof, such information as is deemed by it to be reliable, regardless of the source of such information. Any adjustment required by reason of lack of proof or the misstatement of the age of persons entitled to benefits hereunder, by the participant or otherwise, will be in such manner as the retirement committee deems equitable.

Any notice of information which, according to the terms of the plan or the rules of the retirement committee, must be filed with the retirement committee, shall be deemed so filed at the time that it is actually received by the retirement committee.

The city, the retirement committee, and any person or persons involved in the administration of the plan shall be entitled to rely upon any certification, statement, or representation made or evidence furnished by an employee, participant, beneficiary or joint pensioner with respect to his age or other facts required to be determined under any of the provisions of the plan, and shall not be liable on account of the payment of any monies or the doing of any act or failure to act in reliance thereon. Any such certification, statement, representation, or evidence, upon being duly made or furnished, shall be conclusively binding upon the person furnishing same; but it shall not be binding upon the city, the retirement committee, or any other person or persons involved in the administration of the plan, and nothing herein contained shall be construed to prevent any of such parties from contesting any such certification, statement, representation, or evidence or to relieve the employee, participant, beneficiary or joint pensioner from the duty of submitting satisfactory proof of any such fact.

(b)

Beneficiaries. Each participant on a form shall designate a beneficiary as set forth in subsection 54-146(a) to receive the death benefit, if any, which may be payable under the plan in the event of his death. Each designation may be revoked by the participant according to the provisions set forth elsewhere in the plan and by signing and filing with the retirement committee a new "designation of beneficiary" form. If a deceased participant failed to name a beneficiary in the manner prescribed in the plan or if a beneficiary named by a deceased participant predeceases the participant, the death benefit, if any, shall be paid to the estate of such deceased participant; provided, however, that in any of such cases, the single-sum value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to the provisions of this subsection shall operate as a complete discharge of all obligations under the plan with respect to such deceased participant and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder.

(c)

Contingent beneficiaries. In the event of the death of a beneficiary who is receiving benefits pursuant to the provisions of the plan within any certain period specified under the plan after the participant's death, the same amount of monthly retirement income which the beneficiary was receiving shall be payable for the remainder of such specified certain period to a person designated by the participant (in the manner provided in subsection (b) above) to receive the remaining death benefits, if any, payable in the event of such contingency; provided, however, that if no person so designated be living upon the occurrence of such contingency then the remaining death benefits, if any, shall be payable for the remainder specified certain period, the estate of such deceased beneficiary; provided, further, that in any of such cases the retirement committee may, in its discretion, direct the single-sum value of the monthly retirement income payments due for the remainder of the specified certain period to be paid in a lump sum.

Any payments made to any person pursuant to the provisions of this subsection shall operate as a complete discharge of all obligations under the plan with respect to such deceased beneficiary and shall not be subject to review by anyone but shall be final, binding and conclusive on all persons ever interested hereunder.

(d)

Participant's rights in trust fund. No participant or other person shall have any interest in or any right in, to or under the trust fund, or any part of the assets thereof, except as and to the extent expressly provided in the plan.

(e)

Benefits not assignable. No benefits, rights or accounts shall exist under the plan which are subject in any manner to voluntary or involuntary anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge the same shall be null and void; nor shall any such benefit, right or account under the plan 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 or account; nor shall any benefit, right, or account under the plan constitute an asset in case of the bankruptcy or receivership and any such benefit, right or account under the plan shall be payable only directly to the participant or beneficiary, as the case may be.

Notwithstanding the foregoing paragraph, the retirement committee shall make payments pursuant to a qualified domestic relations order as defined in section 414(p) of the Internal Revenue Code of 1986 and amendments thereto or any other applicable statute, provided that the participant has consented in writing to payment of part of the participant's pension benefits to the former spouse as part of an equitable distribution of marital assets and such has been approved by the court. The retirement committee shall establish procedures consistent with section 414(p) of such Code to determine if any order received by the retirement committee, or any other fiduciary of the plan, is a qualified domestic relations order.

(f)

Benefits payable to minors and incompetents. Whenever any person entitled to payments under the plan shall be a minor or under legal disability or in the sole judgment of the retirement committee shall otherwise be unable to apply such payments to his own best interest and advantage (as in the case of illness, whether mental or physical, or where the person not under legal disability is unable to preserve his estate for his own best interest), the retirement committee may in the exercise of its discretion direct all or any portion of such payments to be made in any one or more of the following ways unless claim shall have been made therefor by an existing and duly appointed guardian, tutor, conservator, committee, a trustee of a trust in which the minor person or person under legal disability is a beneficiary, an attorney in fact designated in a power of attorney by the participant or beneficiary, or other duly appointed legal representative, in such event payment shall be made to such representative:

(1)

Directly to such person unless such person shall be an infant or shall have been legally adjudicated incompetent at the time of the payment;

(2)

To the spouse, child, parent or other blood relative to be expended on behalf of the person entitled or on behalf of those dependents as to whom the person entitled has the duty of support;

(3)

To a recognized charity or governmental institution to be expended for the benefit of the person entitled or for the benefit of those dependents as to whom the person entitled has the duty of support;

(4)

By the retirement committee itself receiving and expending or directing the expenditure of the same for the benefit of those dependents as to whom the person entitled had the duty of support; or

(5)

To a trustee of a trust in which the minor person or person under legal disability is a beneficiary or to an attorney in fact designated in a power of attorney by the participant or beneficiary.

The decision of the retirement committee, in each case, will be final and binding upon all persons and, except in the case of [subsection] (4) above, the retirement committee shall not be obliged to see to the proper application or expenditure of any payments so made. Any payment made pursuant to the power herein conferred upon the retirement committee shall operate as a complete discharge of the obligations of the trustee and of the retirement committee.

(g)

Conditions of employment not affected by plan. The establishment and maintenance of the plan will not be construed as conferring any legal rights upon any participant to the continuation of his employment with the city, nor will the plan interfere with the right of the city to discipline, lay-off or discharge any participant. The adoption and maintenance of the plan shall not be deemed to constitute a contract between the city and any employee or to be considered for, inducement to, or condition of employment of any person.

(h)

Notification of mailing address. Each participant and other person entitled to benefits hereunder shall file with the retirement committee from time to time, in writing, his post office address and each change of post office address, and any check representing payment hereunder and any communication addressed to a participant, a former participant, a beneficiary or a pensioner hereunder at his last address filed with the retirement committee (or, if no such address has been filed, then at his last address as indicated on the records of the city) shall be binding on such person for all purposes of the plan, and neither the retirement committee nor the trustee shall be obliged to search for or ascertain the location of any such person.

If the retirement committee, for any reason, is in doubt as to whether retirement income payments are being received by the person entitled thereto, it may, by certified or registered mail addressed to the person concerned at his address last known to the retirement committee, notify such person that all unmailed and future retirement income payments shall be henceforth withheld until he provides the retirement committee with evidence of his continued life and his proper mailing address or his beneficiary provides the retirement committee with evidence of his death.

(i)

Written communication required. Any notice, request, instruction, or other communication to be given or made hereunder shall be in writing and either personally delivered to the addressee or deposited in the United States mail fully postpaid and properly addressed to such addressee at his last address for notice shown on the retirement committee's records.

(j)

Benefits payable at office of trustee. All benefits hereunder, and installments thereof, shall be payable at the office of the trustee.

(Ord. No. 2003-27, § 1, 7-15-03; Ord. No. 2009-1, § 7, 2-17-09)