§ 31.46  CERTAIN RIGHTS AND LIMITATIONS.
   (A)   Minors and incompetents. If any person to whom a benefit is payable from the plan is a minor, or if the Retirement Board determines that any person to whom such benefit is payable is incompetent by reason of age, physical or mental disability, any payment due (unless a proper claim therefor shall have been made by a duly appointed guardian, conservator or legal representative) may be made to the spouse, a child, a parent or a brother or sister of such person, or to any person deemed by the Retirement Board to have incurred expenses for such person otherwise entitled to payment. Any such payment shall be a complete discharge of any liability for such payment under the plan.
   (B)   Non-alienation of benefits.
      (1)   No benefit under the plan shall be subject at any time, in any manner to alienation, sale, transfer, assignment, pledge, attachment, or encumbrances of any kind. Any attempt to alienate, sell, transfer, assign, pledge or otherwise encumber any such benefits, whether presently or thereafter payable, shall be void. No retirement benefit nor the trust fund shall in any manner be liable for or subject to the debts or liability of any employee, terminated vested member, member, beneficiary or pensioner entitled to any retirement benefit. If the employee, member, former member, beneficiary or pensioner shall attempt to alienate, sell, transfer, assign, pledge or otherwise encumber the member benefit under the plan or any part thereof, or if by reason of the member's bankruptcy or other event happening at any time, such benefits would devolve upon anyone else or would not be enjoyed by him, then the town, in its discretion, may terminate the member's interest in any such benefit, and hold or apply it to or for the benefit of such person, the member's spouse, children, or other dependent or any of them, in such manner as the town may deem proper.
      (2)   Division (B)(1) shall not apply to the creation, assignment or recognition of a right to any benefit payable with respect to a member pursuant to a Domestic Relations Order that is approved by the Retirement Board in accordance with the provisions of the plan and the approved domestic relations order policies and procedures which are made a part of the plan by reference.
   (C)   Tenure of employment. Neither the action of the town in the establishment of this plan nor any action taken by it or by the Retirement Board hereunder shall be construed as giving any employee or member the right to be retained in the employ of the town or any other right whatsoever, except to the extent of the benefits provided by the plan to be paid or made available from the fund.
   (D)   Non-liability of town. All benefits under the plan shall be paid or provided for solely from the trust fund and the town assumes no liabilities or responsibilities therefor.
   (E)   Unclaimed benefits. Whenever reasonable efforts fail to locate any member or beneficiary entitled to benefits under the plan within seven years from the time the notice is first received that he/she is not to be found at the address in the records of the town, or the trustee, the Retirement Board may direct that any benefits to which the member may be entitled shall thereupon be canceled and no payment shall be made thereafter to anyone with respect to the benefits so canceled.
   (F)   Applicable law. The validity of the provisions of this plan shall be determined and construed according to the laws of the State of Connecticut and the Internal Revenue Code of 1986, as amended.
   (G)   Claims procedure. Any denial of a claim for benefits under the plan shall be stated in writing by the Retirement Board and delivered or mailed to the member or beneficiary whose claim for benefits has been denied, and shall set forth specific reasons for such denial, written in a manner calculated to be understood by such member or beneficiary. Within 60 days after receiving the notification of such denial, any such member or beneficiary may notify the Retirement Board in writing of the member's desire for a review of such decision. Upon such notification, the Retirement Board shall schedule a review proceeding at which the member shall restate the member's arguments for such claim to a representative of the Retirement Board. The Retirement Board's decision following such hearing shall be made within 30 days, and shall be communicated in writing to the member.
   (H)   Qualified plan. The plan is intended to be a governmental plan under Section 414(d) of the Internal Revenue Code, and "qualified" as such under Section 401 (a) of the Internal Revenue Code.
   (I)   Return of town contributions under special circumstances. Any town contribution made under a mistake of fact or law may be returned to the town within one year following the date the town became aware of such mistake.
(Ord. 435, passed 3-12-01; Am. Ord. 666, passed 12-7-15)