§ 32-31. Limitation of rights of employees.

(a)

Nothing contained in the plans give, or is intended to give, any employee the right to be retained in the service of the employer or interferes, or is intended to interfere, with the right of the employer to discharge or terminate the employment of any employee at any time. No employee shall have any right or claim to benefits beyond those expressly provided by the plans. All rights and claims are limited as set forth in the plan and are further limited to the extent of the funds available therefor in the hands of the trustee.

(b)

No benefits payable at any time under the plan shall be subject, in any manner, to alienation, sale, transfer, assignment, pledge, attachment or encumbrance of any kind. Any attempt to alienate, sell, transfer, assign, pledge or otherwise encumber any such benefit, whether presently or thereafter payable, shall be void. No retirement benefit and no trust established in connection with this plan shall in any manner be subject to the debts or liabilities of any member, retired member, contingent annuitant, or beneficiary entitled to any benefit, nor shall any trustee of such trust be required to make any payment toward such debts or liability. If the member, retired member, contingent annuitant or beneficiary shall attempt to, or shall alienate or encumber his or her benefits under this plan or any part hereof, or if by reason of his or her bankruptcy (voluntary or involuntary) or insolvency or by reason of any attachment or any other event happening at any time, such benefits or any part thereof would devolve upon anyone else or would not be enjoyed by said member, his or her right to receive same shall absolutely cease and terminate; provided, however, that thereafter the Board may, at its discretion, cause to be paid or applied for the support and maintenance of said member, retired member, contingent annuitant or beneficiary or for the support and maintenance of any member of his or her family, so much of said benefit, and in such shares and proportions as the Board may deem proper.

(c)

In the event it shall be determined by the Board that any retired member, contingent annuitant or beneficiary is unable to care for his or her affairs due to mental or physical incapacity, any benefits payable to him or her may be paid to the spouse, parent, brother or sister, or other person deemed by the Retirement Board to have occurred expenses for such retired member, contingent annuitant or beneficiary unless prior claim thereof has been made by a duly qualified guardian or other legal representative. Any such payment shall be a payment for the account of the retired member, contingent annuitant or beneficiary, and shall be a complete discharge of any liability of the plan therefor.

(Code 1961, § 14-9; Ord. No. 19-1963, 12-5-1963; Ord. No. 189, § 12, 7-3-1973; Ord. No. 312, 9-24-1984; Ord. No. 31, § 14-9, 12-6-2016)