(a) 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.
This provision shall not apply to a qualified domestic relations order defined in Code Section 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. 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 participant 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 hereto 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 therefor. Such payment shall, to the extent therefor, discharge all liability of the Township or the Fund.
(e) Should any provision of this Plan be determined to be void by any court of competent jurisdiction, this Plan will continue to operate and, to the extent necessary, will be deemed not to include the provision determined to be void.
(Ord. 91-5. Passed 6-24-91.)