§ 9-69. Miscellaneous provisions.

(a)

Medical board . The city manager shall designate a medical board, to be composed of three (3) physicians appointed as follows: One (1) by the board of trustees, one (1) by the city manager, and one (1) by the mayor with commission approval, who shall arrange for and pass upon all medical examinations required under the provisions of this article, shall investigate all essential statements or certificates made by or on behalf of a member in connection with an application for disability or retirement, and shall report in writing to the board its conclusions and recommendations upon all matters referred to it. The payment for such services shall be determined by the board.

(b)

Rights of discharged members . Members entitled to a pension shall not forfeit the same upon dismissal from the department, but shall be treated as having terminated employment and entitled to benefits as herein provided.

(c)

Recovery from disability . If a member who has been retired on a disability benefit regains his health sufficiently to be able to perform duties in the police department, fire department or the county fire or county emergency medical services department, the board shall require said member to resume employment with the respective department at the earliest time at which there is a suitable position available, and discontinue the pension. The city agrees to comply with the provisions of the Americans With Disabilities Act.

(d)

Nonassignability . No benefit provided for in this plan shall be assignable or subject to garnishment for debt or for other legal process. This restriction shall not apply to orders providing for alimony, child support or medical payments to a former spouse or to children entered by a court of competent jurisdiction. A member who is the subject of a dissolution of marriage or divorce proceeding and whose vested benefit in this plan is subject to division as marital property shall be required to submit any such order to the board of trustees for review prior to entry by the court. The cost of the review or correction of any order distributing a member's interest in this plan shall be borne by the member.

(e)

Death benefits . Benefits granted to members shall be paid to them for life, and shall not be revoked nor in any way diminished except as provided in this article.

(f)

Pension validity . The board of shall have the power to examine the facts upon which any pension 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. Said board is empowered to purge the pension rolls of any person heretofore granted a pension 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 pensioner who has [been] heretofore under any prior or existing law, or who shall hereafter under this article be, erroneously, improperly or illegally classified.

(g)

Incompetents. In the event that any beneficiary of payments under this plan shall be under the age of eighteen (18) years, the board shall make payment to properly appointed guardian. The board shall require the guardian to produce such proof of guardianship as the board shall deem necessary and proper. If the board shall receive information that any member or beneficiary in receipt of benefits under the plan is incapable of personally receiving and giving a valid receipt for such payments, the board may, after notice and hearing, make payments to a spouse or other person who, in the opinion of the board, is capable of receiving payments on behalf of the member or beneficiary. Any payments so made shall be a complete discharge of any liability under the system for such payment.

(h)

Distribution of marital assets.

(1)

In the event that a member of the system shall be the subject of a dissolution of marriage action and the member's interest in the plan is subject to distribution, said distribution shall take place in accordance with the provisions of this section.

(2)

When a member is the subject of a dissolution of marriage action, the member shall promptly inform the board of said action and the board shall provide to the member and the nonmember spouse a draft order distributing the member's interest in accordance with the provisions of the system.

(3)

Said order shall provide for the creation of a trust account in the name of the member and former spouse into which the member's retirement check shall be direct deposited. The trustee of the account shall distribute between the member and the former spouse their relative interest in the benefit.

(4)

No person shall be permitted to receive a payment from the system while the member is still employed. No person who is not authorized to be a survivor under the terms of the plan shall have a survivorship interest in any member's benefit.

(5)

In the event that the board shall have to intervene in any dissolution of marriage proceeding to correct any order providing for a distribution of benefits not consistent with the terms of the system, the member agrees to bear the cost of the board's action, including attorney's fees.

(i)

Miscellaneous.

(1)

Actuarial data . The board will furnish the actuary with all data required for necessary actuarial computations under the plan.

(2)

Wage-control laws . No payment of any benefit, contribution or other sum which would constitute a violation of any applicable wage-control law shall be made hereunder.

(Ord. No. O-75-15, § 9, 12-3-75; Ord. No. O-83-23, § 4, 12-21-83; Ord. No. O-95-10, § 1, 7-5-95)