(A) The right of a person to a pension, to the return of accumulated contributions, or to any benefit, the pension itself, any optional benefit, and any other right accrued or accruing to any member, retiree, or beneficiary under the provisions of this chapter, and the monies belonging to the retirement system, shall be unassignable and shall not be subject to execution, garnishment, the operation of insolvency or bankruptcy law, or any other process of law whatsoever; provided, that if a member is covered by a group insurance or prepayment plan participated in by the city, and should the member be permitted to, and elect to, continue such coverage as a retiree, the member may authorize MERS to have deducted from his or her pension the payments required of him or her to continue such group insurance or prepayment plan; provided further, that the city shall have the right of set off for any claim arising from embezzlement by or fraud of a member, retiree, or beneficiary.
(B) This section does not apply to:
(1) Eligible domestic relations orders issued pursuant to the Eligible Domestic Relations Orders Act, Public Act 46 of 1991, being M.C.L. §§ 38.1701 et seq., as amended from time to time, or other domestic relations orders; or
(2) Income withholding orders issued pursuant to the Supporting and Parenting Time Enforcement Act, Public Act 295 of 1982, being M.C.L. §§ 552.601 et seq.), as amended from time to time.
(Prior Code, § 16.30) (Ord. D-678, passed 1-18-1965, effective 2-1-1965; Ord. D-1592, passed 6-19-1989, effective 6-29-1989; Ord. D-1737, passed 3-20-1995, effective 3-30-1995; Ord. D-1885, passed 2-19-2001, effective 3-1-2001; Ord. D-1918, passed 5-6-2002, effective 5-16-2002; Ord. O-51, passed 8-7-2006, effective 8-17-2006; Ord. O-169, passed 11-2-2015, effective 11-12-2015)