(a) (1) No benefit under this Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, or encumbrance, nor to seizure, attachment or other legal process for the debts of any member or member’s beneficiary.
(2) This provision shall not apply to a “qualified domestic relations order” defined in 26 U.S.C. § 414(p), and those other domestic relations orders permitted to be so treated by the Board under the provisions of the Retirement Equity Act of 1984, being Pub. L. No. 98-397, U.S.C. §§ 1001 et seq. The township shall establish a written procedure to determine the qualified status of domestic relations orders to administer distributions under such qualified orders. Further, to the extent provided under a “qualified domestic relations order”, a former spouse of a member shall be treated as the spouse or surviving spouse for all purposes under this Plan.
(b) Any person dealing with the township may rely upon a copy of this Plan and any amendments thereto certified to be true and correct by the Trustee.
(c) In no circumstances, whether upon amendment or termination of this Plan or otherwise, shall any part of the Fund be used or diverted to any purpose other than the exclusive benefit of members or their beneficiaries until all of the actuarial obligations to such member or member’s beneficiaries have been met.
(d) If the Board deems any person incapable of receiving benefits to which he or she is entitled by reason of minority, illness, infirmity or other incapacity, it may make payment directly for the benefit of such person, to the guardian or trustee for said person, whose receipt shall be complete acquittance therefore. Such payment shall, to the extent therefore, discharge all liability of the township, or the Fund.
(Ord. 839, passed 5-17-2006; Ord. 903, passed 6-27-2012)