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Newport, KY Code of Ordinances
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§ 38.053 PAYMENTS FROM FUND; MANNER.
   Moneys ordered paid from the fund to any person shall be paid by the Treasurer only upon order of the Board entered on the record of proceedings of the Board.
(1995 Code, § 2.88.270)
§ 38.054 MEMBER’S VESTED INTERESTS.
   Each member shall, by virtue of the payment of contribution to the fund, receive a vested interest in such contributions, and in consideration of the vested interest, shall be conclusively deemed to undertake and agree to pay the same and to have the amounts deducted from his or her salary as herein provided.
(1995 Code, § 2.88.280)
§ 38.055 ASSIGNMENT OF RIGHTS.
   The right to a retirement annuity, disability annuity, survivors annuity or benefit, death benefit or any other benefit under the provisions hereof by whatever name called, or refund, is personal with the recipient thereof, and the assignment or transfer of the benefit or any part thereof shall be void, except as herein provided. Any such annuity, benefit or refund shall not answer for debts contracted by the person receiving the same, and it is the intention of this section that they shall not be attached or affected by a judicial proceeding.
(1995 Code, § 2.88.290)
§ 38.056 PAYMENT OF ANNUITIES; MANNER.
   Any service retirement annuity, disability retirement annuity or any other annuity provided herein shall be payable in equal monthly installments as life annuities, and shall not be decreased, revoked or repealed, except for error, or except where specifically otherwise provided, or upon written request. The cost of providing death benefits for members in receipt of retirement annuities shall not be construed as a reduction in the life annuity payable to the member. The first payment of an annuity shall be made for the fraction of a month elapsing until the end of the first month; and the last payment shall be made as of the end of the month in which death occurs.
(1995 Code, § 2.88.300)
§ 38.057 SEPARATION OF EXPENSES.
   It is the intention of this subchapter that the payment of the required contributions by the City, all allowances, annuities and benefits shall be the obligation of the City, and that administration expenses incurred in operating the fund shall be paid by the City.
(1995 Code, § 2.88.310)
§ 38.058 EFFECT OF FUND.
   The fund created shall continue to make payments of all such annuities, pensions and benefits granted by such pre-existing pension ordinances at the rates previously fixed and under the conditions previously in effect; provided, however, all recipients shall receive a cost of living increase effective and retroactive to July 1, 2001. The increase shall be $100 to their monthly benefit, except those recipients who receive less than $200 per month in benefits, shall be given an increase in an amount to raise their monthly benefits to $300 per month. Future increases may be granted based upon actuarial soundness and other economic factors.
(1995 Code, § 2.88.320) (Ord. O-2001-30, passed 10-22-2001)
§ 38.059 REHEARING OF MATTERS; APPEALS.
   (A)   (1)   After a determination has been made on any application by the Board, any interested person may, within 20 days after notice of the determination or fording of the Board, apply for a rehearing with respect to any of the matters determined by the Board. The application shall specify the matter of which a rehearing is sought. The Board shall fix the time for the rehearing within 20 days after the same is filed unless otherwise agreed by the parties.
      (2)   Upon the rehearing a complete transcript shall be made of all evidence presented. The cost of the transcript shall be borne equally by the applicant for the rehearing and the Board. Upon rehearing, the Board may change, modify, vacate or affirm its previous order upon the application and enter such an order as it deems necessary.
(1995 Code, § 2.88.330)
   (B)   (1)   The order or determination of the Board upon the rehearing shall be conclusive and binding, but any interested party may, within 20 days after the rendition of the order of the Board, by petition appeal to the Circuit Court for a review of the order of the Board.
      (2)   The petition shall state fully the grounds upon which a review is sought, assign all errors relied on and be verified by the petitioner who shall furnish a copy to the Board at the time of filing of same. Summons shall be issued directing the Board to answer within 20 days and directing the Board to send the original record to the Circuit Clerk certifying that the record is the entire original record of the rehearing which shall be filed by the Clerk of the Circuit Court and the record shall then become and be considered by the Circuit Court on the review. The appeal provided for herein shall not be considered effective unless the person making the appeal has paid to the Board 1/2 of the cost of the transcript of the record of the rehearing within the period provided for making the appeal.
      (3)   No new or additional evidence may be introduced in the Circuit Court, except as to fraud or misconduct of some person engaged in the administration of this subchapter, and affecting the order, decision or determination appealed from, but the Court shall otherwise hear the cause upon the record as certified by the Board and shall dispose of the cause in summary manner, its review being limited to determining whether or not:
         (a)   The Board acted without or in excess of its power;
         (b)   The order, decision or determination was procured by fraud;
         (c)   The order, decision or determination of the Board is not in conformity with the provisions of this subchapter; and/or
         (d)   If findings of fact are in issue, the party seeking to set aside any order, decision or determination of the Board shall have the burden of proof to show clear and satisfactory evidence that the order, decision or determination is unreasonable or unlawful. If, upon appeal as herein provided, the order, decision or determination is reversed the party perfecting the appeal shall be refunded by the Board his or her portion of the costs paid for the transcript of the record made on the rehearing.
      (4)   The Board and each interested party may appear before the Circuit Court. The Court shall enter judgment affirming, modifying or setting aside the order, decision or determination appealed from or, in its discretion, remand the cause to the Board for further proceedings in conformity with the direction of the Court. The Court may, before judgment and upon a sufficient showing of fact, remand the cause to the Board.
(1995 Code, § 2.88.340)
   (C)   (1)   The judgment of the Circuit Court shall be subject to appeal to the Court of Appeals. The scope of review by the Court of Appeals shall include all matters subject to review by the Circuit Court and also errors of law arising in the Circuit Court and upon appeal made reviewable by the rules of civil procedure.
      (2)   The procedure as to appeal to the Court of Appeals shall be the same as in civil actions so far as it is applicable to and not in conflict with this subchapter.
(1995 Code, § 2.88.350)
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