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(a) The meaning of "average final compensation" as stated in Subsection (A) Section 8.509 of the Charter is hereby changed pursuant to the authority granted therein, and is hereby declared to be the average monthly compensation earned by a member during any year of credited service in the Retirement System in which his average earned compensation is the highest. The change in meaning of "average final compensation" provided herein shall be effective only with respect to retirement allowances which, under the provisions of said Section 8.509, are based upon average final compensation and which are first effective on or after January 1, 1972.
This Subsection (a) does not give any member or the beneficiary of any member, or his successors in interest, any claim against the City and County for an increase in any retirement allowance payable to or on account of any member whose retirement allowance was effective prior to January 1, 1972.
(b) Notwithstanding the provisions of Subsection (a) of this Section and only with respect to members whose service credit is determined pursuant to the provisions of Section 16.37-4.1 of this Code, "average final compensation" shall mean the average monthly compensation earned by such member in the months actually worked during the fiscal year in which his average monthly earned compensation is the highest.
(Amended by Ord. 349-72, App. 12/11/72)
The right of a person to a pension, an annuity or a retirement allowance, to the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit, any other right or benefit accrued or accruing to any person under the provisions of this Article and the moneys in the fund created by this Article shall not be subject to execution, garnishment, attachment or any other process whatsoever and shall be unassignable, except as specifically provided by this Article.
(Bill No. 1125, Ord. 4073(C.S.), Sec. 5)
Any witness called by the Retirement Board in any proceedings before said board may be compensated for his time or reimbursed in the amount of expenses and loss of wages or salary suffered by him because of such call, as determined by rule of such board.
(Ord. No. 1210(1939), Sec. 1)
Proceedings before the Retirement Board for the collection of benefits provided under the Retirement System, upon the death of a member or beneficiary, must be commenced within one year from the date of death, or from the date of appointment of a guardian or trustee of the person to whom the benefits would be payable, if such person is incompetent or under 21 years of age.
(Bill No. 1125, Ord. No. 4.073(C.S), Sec. 7)
The management and control of the Retirement System shall be vested in the Retirement Board as provided in Section 12.100 of the Charter. The Board shall exercise the powers and perform the duties conferred on it by the Charter and by other sections of this Code, and in addition thereto as set forth in Sections 16.37-1 through 16.37-7.
(Amended by Ord. 299-64, App. 11/9/64; Ord. 326-00, File No. 001921, App. 12/28/2000)
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