Chapter 18 PENSIONS*
Section 18-76 Benefits not assignable or subject to execution.
The benefits payable from the
firefighters retirement fund
shall not be assignable or subject to
counter-claim, recoupment or set off
.
Except for qualified domestic relations orders, benefits
payable from the firefighters retirement fund shall not
be subject to assessment, garnishment,
execution, injunction, or any other decree, order, process or proceeding in any court for the
payment of any debt of any beneficiary, and the sum shall be held and distributed
solely
for the
purpose of this division. This provision shall
not
prevent the
fire retirement board
from pursuing
a
retiree
or other beneficiary of the
firefighters retirement plan for recovery
of benefits
erroneously paid
or to recover benefits paid due to fraud, duress or the concealment of any
material fact necessary to properly process a claim for benefits.
(Code 1964, § 9.2040; Ord. No. 018160, § 1, 7-6-04)
(Ord. 018160, Amended, 07/06/2004, Prior Text)