§ 2-606. Miscellaneous.

(a)

Beneficiaries.

(1)

Each member shall, on a form provided for that purpose, signed and filed with the board of trustees, designate a choice of one or more persons, named sequentially or jointly, as his or her beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of the member's death, and to the extent allowed, each designation may be revoked by such member by signing and filing with the board of trustees a new designation or beneficiary form.

(2)

If no beneficiary is named in the manner provided by subsection (1), or if no beneficiary designated by the member survives him or her, the death benefit, if any, which may be payable under the plan with respect to such deceased member shall be paid by the board of trustees to the estate of such deceased member, provided that in any of such cases the board of trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to this subsection shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and beneficiaries and shall not be subject to review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder.

(3)

Notwithstanding any other provision of law to the contrary, the surviving spouse of any pension participant member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries.

(b)

Exemption from execution. The pensions, annuities, or any other benefits accrued or accruing to any person under this plan and the accumulated contributions and the cash securities in the funds created under this plan are hereby exempted from any state, county, or municipal tax and shall not be subject to execution or attachment or to any legal process whatsoever, and shall be unassignable.

(c)

Payments to legally incompetent. If any member or beneficiary is a minor, or, in the judgment of the board of trustees is otherwise legally incapable of personally receiving and giving a valid receipt for any payment due him/her, the board of trustees may, unless claim shall have been made by a duly appointed guardian, direct that payments be made to the person's spouse, registered domestic partner, child, parent, brother, or sister, or other person deemed by the board to have assumed responsibility for the expenses of the member or beneficiary.

(d)

Disappearance of member or beneficiary. If any member or beneficiary, receiving or entitled to receive benefits under the plan, should disappear and fail to respond within 60 days to a written notice sent by the board of trustees by registered or certified mail informing the member or beneficiary of his/her settlement to receive benefits under the plan, the board of trustees may pay the benefits, or any portion thereof which the board determines to be appropriate, to the dependents of the member or beneficiary, whichever is applicable, having regard to the needs of the dependents, until the member or beneficiary is located or until the benefits have been paid in full, whichever event shall first occur.

(Code 1960, § 20-110.11; Ord. No. 000050, § 9, 6-26-00; Ord. No. 070012, § 7, 7-9-07; Ord. No. 080439, § 3, 11-20-08)